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Court order

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A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing , a trial , an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge ; some jurisdictions may also require it to be notarized . A court order governs each case throughout its entirety. If an individual violates the court order, the judge may hold that person in contempt.

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32-399: The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary rules that govern the proceedings. An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi- jurisdictional dispute. It may be

64-410: A trial is a coming together of parties to a dispute , to present information (in the form of evidence ) in a tribunal , a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court . The tribunal, which may occur before a judge , jury , or other designated trier of fact , aims to achieve a resolution to their dispute. Where the trial is held before

96-417: A trial by combat , in which the winner of a physical fight was deemed righteous in their cause. Government agencies A government agency or state agency , sometimes an appointed commission , is a permanent or semi-permanent organization in the machinery of government ( bureaucracy ) that is responsible for the oversight and administration of specific functions, such as an administration . There

128-456: A " mistrial ". A judge may declare a mistrial due to: Either side may submit a motion for a mistrial; on occasion, the presiding judge may declare one on a motion of their own. If a mistrial is declared, the case at hand may be retried at the discretion of the plaintiff or prosecution, as long as double jeopardy does not bar that party from doing so. Some other kinds of processes for resolving conflicts are also expressed as trials. For example,

160-540: A bicameral legislature. The term "government agency" or "administrative agency" usually applies to one of the independent agencies of the United States government , which exercise some degree of independence from the President's control. Although the heads of independent agencies are often appointed by the government, they can usually be removed only for cause. The heads of independent agencies work together in groups, such as

192-516: A commission, board or council. Independent agencies often function as miniature versions of the tripartite federal government with the authority to legislate (through the issuing or promulgation of regulations), to adjudicate disputes, and to enforce agency regulations. Examples of independent agencies include the Federal Communications Commission (FCC), Federal Reserve Board , U.S. Securities and Exchange Commission (SEC),

224-438: A final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the judge in open court, and are only reduced to writing in the transcript of the proceedings. The following represents a small sampling of matters that are commonly dictated by the terms of a court order: One kind of interim court order

256-411: A form of jury to offer advice to the magistrate or judge at the conclusion of the trial, their role is subordinate. Further, because a professional has been in charge of all aspects of the case to the conclusion of the trial, there are fewer opportunities to appeal the conviction alleging some procedural error. A judge may cancel a trial prior to the return of a verdict; legal parlance designates this as

288-411: A group of members of the community, it is called a jury trial . Where the trial is held solely before a judge, it is called a bench trial . Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to

320-399: A review of the evidence presented before the trial court , and do not permit the introduction of new evidence. A criminal trial is designed to resolve accusations brought (usually by a government ) against a person accused of a crime . In common law systems, most criminal defendants are entitled to a trial held before a jury. Because the state is attempting to use its power to deprive

352-504: Is a presumption of innocence , and the burden of proof lies on the prosecution. Critics of the system argue that the desire to win is more important than the search for truth. Further, the results are likely to be affected by structural inequalities . Those defendants with resources can afford to hire the best lawyers . Some trials are—or were—of a more summary nature, as certain questions of evidence were taken as resolved (see handhabend and backberend ). In civil law legal systems,

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384-616: Is a temporary restraining order (TRO) , to preserve the status quo . Such an order may later be overturned or vacated during the litigation; or it may become a final order and judgment, subject then to appeal. In the area of domestic violence , U.S. courts will routinely issue a temporary order of protection (TOP) (or temporary protective order, TPO ) to prevent any further violence or threat of violence. In family law , temporary orders can also be called pendente lite relief and may include grants of temporary alimony , child custody , and/or visitation . Trial (law) In law ,

416-748: Is a government agency of the Hellenic Republic that is responsible for the Greek regions of Macedonia and Thrace . The term agency in India has several meanings; for example, the Cabinet and the parliament Secretariat describes itself as a " nodal agency for coordination amongst the ministries of the Govt. of India". Most notably as an international feature, what appear to be independent agencies ( or apex agencies ) include some that have active roles for Ministers: such as,

448-433: Is a notable variety of agency types. Although usage differs, a government agency is normally distinct both from a department or ministry , and other types of public body established by government . The functions of an agency are normally executive in character since different types of organizations ( such as commissions ) are most often constituted in an advisory role — this distinction is often blurred in practice however, it

480-506: Is not allowed. A government agency may be established by either a national government or a state government within a federal system. Agencies can be established by legislation or by executive powers. The autonomy, independence, and accountability of government agencies also vary widely. Early examples of organizations that would now be termed a government agency include the British Navy Board , responsible for ships and supplies, which

512-446: Is used to adjudicate guilt or innocence . The assumption is that the truth is more likely to emerge from the open contest between the prosecution and the defense in presenting the evidence and opposing legal arguments, with a judge acting as a neutral referee and as the arbiter of the law. In several jurisdictions in more serious cases, there is a jury to determine the facts, although some common law jurisdictions have abolished

544-590: The Department of the Treasury . Most federal agencies are created by Congress through statutes called " enabling acts ", which define the scope of an agency's authority. Because the Constitution does not expressly mention federal agencies (as it does the three branches), some commentators have called agencies the "headless fourth branch" of the federal government. However, most independent agencies are technically part of

576-660: The National Labor Relations Board (NLRB) and the Federal Trade Commission (FTC). A broader definition of the term "government agency" also means the United States federal executive departments that include the President's cabinet-level departments and their sub-units. Examples of these include the Department of Energy (DOE) and the Internal Revenue Service (IRS), which is a bureau of

608-1120: The National Security Council , the Medical Council of India , the Pharmacy Council of India (PCI), the Indian Council of Agricultural Research , and the NITI Aayog , which is chaired ex officio by the Prime Minister. Russia has had many government agencies throughout its history. The USSR had the secretive KGB . Today, Russian government agencies such as the FSB , FSO , and the GRU use Spetsnaz or other masked operators for any missions. Other organizations include Kremlin and presidential security. The Government agencies in Sweden are State controlled organizations who act independently to carry out

640-595: The Parliament of the United Kingdom , Scottish Parliament or the Welsh Parliament . The Congress and President of the United States delegate specific authority to government agencies to regulate the complex facets of the modern American federal state . Also, most of the 50 U.S. states have created similar government agencies. Each state government is similar to the national government, with all but one having

672-612: The United States Constitution requires that, following the impeachment of the president, a judge, or another federal officer by the House of Representatives , the subject of the impeachment may only be removed from office by an impeachment trial in the Senate . In earlier times, disputes were often settled through a trial by ordeal , where parties would have to endure physical suffering in order to prove their righteousness; or through

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704-650: The United Kingdom developed the use of agencies to improve efficiency in public services. Administrative law in France refers to autorité administrative indépendante (AAI) or Independent Administrative Authorities. They tend to be prominent in the following areas of public policy; Independent Administrative Authorities in France may not be instructed or ordered to take specific actions by the government. The General Secretariat for Macedonia and Thrace ( Greek : Γενική Γραμματεία Μακεδονίας-Θράκης), previously Ministry for Macedonia and Thrace ( Greek : Υπουργείο Μακεδονίας-Θράκης)

736-572: The accused of life, liberty, or property, the rights of the accused afforded to criminal defendants are typically broad. The rules of criminal procedure provide rules for criminal trials. A civil trial is generally held to settle lawsuits or civil claims—non-criminal disputes. In some countries, the government can both sue and be sued in a civil capacity. The rules of civil procedure provide rules for civil trials. Although administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings. When

768-501: The dispute goes to a judicial setting, it is called an administrative trial, to revise the administrative hearing, depending on the jurisdiction. The types of disputes handled in these hearings are governed by administrative law and auxiliarily by civil trial law. Labor law (also known as employment law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Collective labour law relates to

800-442: The evidence has been collected and the investigation is completed. Thus, most of the factual uncertainties will already be resolved, and the examining magistrate or judge will already have resolved that there is prima facie of guilt. Critics argue that the examining magistrate or judge has too much power with the responsibilities of both investigating and adjudicating on the merits of the case. Although lay assessors do sit as

832-445: The jury trial. This polarizes the issues, with each competitor acting in its own self-interest, and so presenting the facts and interpretations of the law in a deliberately biased way. The intention is that through a process of argument and counter-argument, examination-in-chief and cross-examination , each side will test the truthfulness, relevancy, and sufficiency of the opponent's evidence and arguments. To maintain fairness, there

864-561: The outcome in individual cases as well. In addition to the State and its agencies, there are also local government agencies, which are extensions of municipalities and county councils . Agencies in the United Kingdom are either executive agencies answerable to government ministers or non-departmental public bodies answerable directly to parliament or the devolved assemblies of the United Kingdom. They are also commonly known as Quangos . Agencies can be created by enabling legislation by

896-521: The policies of the Government of Sweden . The Ministries are relatively small and merely policy-making organizations, allowed to control agencies by policy decisions but not by direct orders. This means that while the agencies are subject to decisions made by the Government, Ministers are explicitly prohibited (so-called ban on ministerstyre ) from interfering with the day-to-day operation in an agency or

928-466: The responsibility for supervising the investigation by the police into whether a crime has been committed falls on an examining magistrate or judge who then conducts the trial. The assumption is that the truth is more likely to emerge from an impartial and exhaustive investigation, both before and during the trial itself. The examining magistrate or judge acts as an inquisitor who directs the fact-gathering process by questioning witnesses , interrogating

960-447: The suspect, and collecting other evidence. The lawyers who represent the interests of the state and the accused have a limited role to offer legal arguments and alternative interpretations to the facts that emerge during the process. All the interested parties are expected to cooperate in the investigation by answering the magistrate or judge's questions and, when asked, supplying all relevant evidence. The trial only takes place after all

992-553: The tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforce labour law (legislature, regulatory, or judicial). In common law systems, an adversarial or accusatory approach

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1024-614: Was established in 1546 by King Henry VIII and the British Commissioners of Bankruptcy established in 1570. From 1933, the New Deal saw growth in U.S. federal agencies, the " alphabet agencies " as they were used to deliver new programs created by legislation, such as the Federal Emergency Relief Administration . From the 1980s, as part of New Public Management , several countries including Australia and

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