EXECUTION OF DECREES OR ORDERS: Execution is the process of realizing the fruits of the judgment by enforcing the decree against the unsuccessful party through any one or more of various modes of execution as prescribed by law. The successful party is called a decree holder or judgment creditor while an unsuccessful party is called a judgment debtor. A decree is executed by the court which passes it or by court which the decree is sent by former execution. The court that passes the decree is entitled to determine any question relating to execution, discharge, satisfaction, of the decree that should arise and not by separate suit. In Kabwengure v Charles Kanjabi [1977] HCN 89 it was held that all the questions relating execution including …show more content…
Greatest care must be exercised during execution not to execute against a wrong party as this could amount to tress pass that may create both criminal and civil liability. PROCEDURES IN EXECUTION: In relation to Application for execution, where the holder of a decree desires to execute it, he or she shall apply to the court which passed the decree, or, if the decree has been sent under the provisions hereinbefore contained to another court, then to that court or to the proper officer of that other court. Every application for execution of a decree shall be in writing, signed and verified by the applicant or his advocate and shall be in tabular form containing the following; suit number, names of the parties, date of decree, whether an appeal is preferred, whether any and if any what part payment has been affected, whether there is a previous application, amount due with interest if any or other relief granted, amount of costs, name of person against whom execution is sought, the mode in which assistance of court is required. However, under exceptional circumstances an application for execution can be made orally; if it’s for the payment of money by decree at the time of passing the decree or order court may order immediate execution thereof by way of arrest of the judgment debtor without preparation of warrant may be made in accordance. Upon receiving the application for execution, the
A court awards a judgment to Loan Collection Agency, who is the creditor, against Margret, who is the debtor. After the judgment, the creditor requests a court order to seize Margret’s property to ensure that the judgment will be collectible. This is
7. Court’s Order: As a result of this holding the court has established sufficient law entitles P to have her case heard before trial court.
In the film, A Civil Action, Trial Procedure was shown throughout the entire movie. There are many steps that need to be completed before a verdict and judgment can be reached. These steps are the pleadings, methods of discovery, pretrial hearings, jury selection, opening statements, introduction of evidence, cross examinations, closing arguments, instructions to the jury, and the verdict and judgment. The case in this movie was actually called Anderson v. Cryovac. The plaintiffs are the Anderson family, the Gamache family, the Kane family, the Robbins family, the Toomey family, and the Zona family. The plaintiffs’ attorneys are Jan Schlichtmann, Joe Mulligan, Anthony Roisman, Charlie Nesson, and Kevin Conway. The two co- defendants are
Hall, D. E. (2014). Criminal Law and Procedure, 7th Edition: Cengage Learning. Retrieved November 10, 2017, from
the death penalty to be administered to those criminals who the courts believe should be
There are few things in life that could be worse than loosing you child to such a horrible disease as leukemia. One can only imagine having such a tragedy repeat itself throughout you community time after time. To compound such tragedies, imagine being poisoned yourself and having to fight some of the largest local corporations to prove the truth and get it stopped. This is the community setting for Jonathan Harr's true-to-life legal thriller A Civil Action. The book was an award winner for "Best Seller" in 1995 and was named the 1995 National Book Critics Circle Award.
Resolution—Execution should not be allowed in the United States, especially given the risk of executing innocent people.
Arrest warrant: When probable cause is established that a person has committed a certain illegal act, a written order is then issued by authority of the state
The legal system is an essential element in the successful operation of this country. It is a system that is utilized every day, by every type of person, from the average blue-collar worker to the average Wall Street broker. There is a multitude of ways that the legal system is put to use. One such way is the class action lawsuit. A Civil Action, by Jonathan Harr, uses the account of a single case, Anne Anderson, et al., v. W.R. Grace & Co., et al, to illustrate the power and importance of class action lawsuits in the civil justice system.
There are five ways to execute a person. The five are: lethal gas, lethal injection, electrocution, hanging, and firing squad. The most commonly used are lethal injection and electrocution. Lethal injection is when the people inject a shot into both of your arms. It takes about three minutes until the acid kills you. Firing squad is when a group of people has guns and the shoot at the murderers
The two basic types of courts in the United States are trial courts and appellate courts. These two types of courts have two entirely different functions. The job of a trial courts is to determine questions of fact. Appeals courts, on the other hand, must determine questions of law. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not the time to retry the case or to reargue the facts. In civil matters, either party can appeal the decision of the trial court. Usually in criminal matters, however, only the defendant may appeal a criminal conviction and the state is not
It is with this understanding of the death penalty’s history that one can start to decide what a valid application (if any) of the death penalty.
During a trial, there are many rules, procedures, and codes of conduct that must be observed. These are in place to allow a trial to proceed more efficiently and fairly for both the defense and prosecution. According to one author, “Police, prosecutors, and criminal court Judges see too much crime, so they tend to see crime everywhere. We need rules to control their conduct, Judges to carefully apply those rules, and other Judges to review those decisions (law-article.net).” Courtroom procedures are important because, without them, defendants and prosecution alike could be treated unfairly. These procedures give a standard format for trials that must be followed to ensure that all parties have an equal opportunity to present their
The due process and crime control models, both created by Stanford University law professor Herbert Packer, represents two opposing method of principles functioning within criminal justice system. Although the models describe the important facets of the politics and practice of criminal justice, both have been criticized since presented by Packer in 1964. Presently both models are acknowledged as imperfect standards to explain the politics and law of criminal justice. The crime control ideal represents traditional principles, whereas the due process belief reflects moderate values; therefore generating conflict evident throughout the years. This paper discusses models, crime control and due process, and how each affects the criminal
Criminal procedures are safeguards against the indiscriminate application of criminal laws and the wanton treatment of suspected criminals. Specifically, they are designed to enforce the constitutional rights of criminal suspects and defendants, beginning with initial police contact and continuing through arrest, investigation, trial, sentencing, and appeals. The main constitutional provisions regarding criminal procedure can be found in Amendments IV, V, VI, and XIV to the U.S. Constitution. The Supreme Court for the first time began to extend the protections guaranteed in the Bill of Rights to exercises of power by state and local governments.