The lawsuit (often referred to simply share) is, in law, the power granted to a legal entity to cause the exercise of jurisdiction by a court, launching a lawsuit meant to be discussed and defined in context of a process (civil maritime litigation). Usually the exercise of is in relation to a dispute (or dispute), that is a conflict of interests between the parties, the court called upon to determine which one is right.
The popular action is a case of private exercise of public duties. As such it has today in legal nature of exception, being allowed only in certain circumstances expressly permitted by law. The person exercising the power of action (the actor) is thus a legal relationship with person sued (the defendant).
These are the cases of voluntary jurisdiction, which, according to many authors, it is not jurisdictional activity itself but materially administrative activities that law has given to courts, as an exception to principle of separation of powers.
The legal relationship that develops as a result of conducting the case and is the ratio between actor (in a criminal trial the prosecutor), the defendant (the accused in a criminal trial) and judge; it generates powers, duties and, according to some authors, including personal rights and obligations for these individuals. The exercise of powers and discharging the burden determines the chain of acts which is embodied in process (process).
In United States, the previous decisions of Supreme Court United States is required (bind) in principle to all other courses that are covered by a federal or state. Lower in hierarchy, the courts theoretically comply with jurisprudence of Court Appeal (the district court comply with decisions of Federal Court Appeal from the United States which they depend, and district court as a court appeal respect the decisions of Supreme Court.
There are, however, ideas that go even further in division between action and substantive law, stating that action is simply due to every citizen the right to sue in courts, regardless of merits of claim that this is done worth. The title of action can be attributed to: subject to holder of substantive law that action is intended to achieve, which acts therefore in his interest. To a public body, the public prosecutor, acting in public interest and to anyone in public interest to which it belongs (action).
Action accruing to person who owns the substantive law of nature has potestative right: this is the typical case of a civil lawsuit. There are also cases, very exceptional case of replacement, in which the civil action may be brought by a person other than the holder of substantive law, however, acting in its own interest.
These elements are used, in particular, to determine whether an action can be considered the same as a where you have already made the final decision, in which case, according to a principle present in generality and expressed by the maxim ne bis in idem the same action can not be carried out: two actions are identical if they are equal in all respects. The rule of precedent or stare decisis (Latin: stay on the decision) is a rule of law that apply particularly in common law countries.
The popular action is a case of private exercise of public duties. As such it has today in legal nature of exception, being allowed only in certain circumstances expressly permitted by law. The person exercising the power of action (the actor) is thus a legal relationship with person sued (the defendant).
These are the cases of voluntary jurisdiction, which, according to many authors, it is not jurisdictional activity itself but materially administrative activities that law has given to courts, as an exception to principle of separation of powers.
The legal relationship that develops as a result of conducting the case and is the ratio between actor (in a criminal trial the prosecutor), the defendant (the accused in a criminal trial) and judge; it generates powers, duties and, according to some authors, including personal rights and obligations for these individuals. The exercise of powers and discharging the burden determines the chain of acts which is embodied in process (process).
In United States, the previous decisions of Supreme Court United States is required (bind) in principle to all other courses that are covered by a federal or state. Lower in hierarchy, the courts theoretically comply with jurisprudence of Court Appeal (the district court comply with decisions of Federal Court Appeal from the United States which they depend, and district court as a court appeal respect the decisions of Supreme Court.
There are, however, ideas that go even further in division between action and substantive law, stating that action is simply due to every citizen the right to sue in courts, regardless of merits of claim that this is done worth. The title of action can be attributed to: subject to holder of substantive law that action is intended to achieve, which acts therefore in his interest. To a public body, the public prosecutor, acting in public interest and to anyone in public interest to which it belongs (action).
Action accruing to person who owns the substantive law of nature has potestative right: this is the typical case of a civil lawsuit. There are also cases, very exceptional case of replacement, in which the civil action may be brought by a person other than the holder of substantive law, however, acting in its own interest.
These elements are used, in particular, to determine whether an action can be considered the same as a where you have already made the final decision, in which case, according to a principle present in generality and expressed by the maxim ne bis in idem the same action can not be carried out: two actions are identical if they are equal in all respects. The rule of precedent or stare decisis (Latin: stay on the decision) is a rule of law that apply particularly in common law countries.
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