Law and Ethics Archives | The Lawyers & Jurists

RIGHT TO APPEAL

Definition: The right to appeal is the legal principle that allows parties in a legal proceeding to challenge the decision of a lower court in a higher court. This right is essential for ensuring that errors in the judicial process ...

PRESUMPTION OF INNOCENCE AND BURDEN OF PROOF

Definition: The presumption of innocence is a foundational principle of the criminal justice system, asserting that an individual is considered innocent until proven guilty. The burden of proof lies with the prosecution, meaning it is the prosecution's responsibility to prove ...

ADVERSARIAL PRESENTATION OF EVIDENCE:

Definition: The adversarial presentation of evidence is a hallmark of the adversarial legal system, where both parties—the prosecution and the defense in criminal cases, or the plaintiff and the defendant in civil cases—have the opportunity to present their evidence, call ...

IMPARTIAL ADJUDICATOR:

Definition: An impartial adjudicator is a judge or jury that conducts legal proceedings without bias or favoritism towards either party involved in a case. Impartiality is crucial for ensuring that decisions are based solely on the evidence and the law, ...

RIGHT TO LEGAL REPRESENTATION

Definition: The right to legal representation guarantees that individuals involved in legal proceedings have the opportunity to be assisted by an attorney. This right is fundamental in ensuring that individuals can adequately defend themselves and have their legal rights protected ...

EQUALITY OF ARMS:

Definition: The principle of equality of arms refers to the requirement that all parties involved in legal proceedings should have a fair and equal opportunity to present their case. This principle is fundamental to ensuring a balanced and just legal ...

APPEALS IN FAMILY LAW CASES

Appeals in family law cases provide a mechanism for parties to challenge decisions made by trial courts on matters such as divorce, child custody, child support, alimony, and property division. The appellate process ensures that the trial court's decisions are ...

THE ROLE OF HIGHER COURTS IN SHAPING LEGAL PRECEDENTS

Higher courts, such as appellate courts and supreme courts, play a crucial role in shaping legal precedents. Their decisions serve as authoritative guidance for lower courts, influencing how laws are interpreted and applied. Here’s an in-depth look at the role ...

EQUITABLE REMEDIES IN CONTRACT LAW

Equitable remedies are non-monetary solutions provided by courts to resolve disputes where monetary damages are insufficient or inappropriate. In contract law, equitable remedies ensure fair outcomes by enforcing, modifying, or voiding contractual obligations. Here are the main types of equitable ...

THE APPEALS PROCESS IN CRIMINAL LAW

The appeals process in criminal law allows defendants to challenge their convictions or sentences on legal grounds. This process ensures that errors made during the trial can be reviewed and corrected, promoting fairness and justice in the legal system. Here ...

Law and Ethics

Latest Articles