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83-690: An Act to prevent the further Growth of Popery (2 Anne c. 6 (I); commonly known as the Popery Act or the Gavelkind Act ) was an Act of the Parliament of Ireland that was passed in 1704 designed to suppress Roman Catholicism in Ireland (" Popery "). William Edward Hartpole Lecky called it the most notorious of the Irish Penal Laws . Inheritance in traditional Irish law used gavelkind , whereby an estate

166-434: A court renders a judgment, it may state that the successful party has a right to recover money or property. However, the court will not collect the money or property on behalf of the successful party without further action. In common law legal systems, judgment enforcement is regulated by administrative divisions such as a province , territory , or federated state , while in civil law legal systems judgment enforcement

249-467: A " satisfaction and release of judgment " document from the judgment creditor. This document affirms that the judgment debtor has fulfilled any obligations relating to the judgment. For example, in California , a judgment creditor must file an "Acknowledgment of Satisfaction of Judgment" where it has been paid in full by the judgment debtor within 15 days of the judgment debtor's request. This document has

332-539: A Court may set aside a default judgment if the defendant can prove a number of key issues. In Queensland, in Unique Product Marketing Pty Ltd v Bortek Sales Pty Ltd [2000] QDC 314 Shanahan DCJ set-down some principles in relation to setting aside a regularly entered default judgment. They include: The Supreme Court of Canada has recognized a common law duty to provide "adequate" reasons for judgment and has stated that "the giving of reasoned judgments

415-540: A final judgment must be made "when the suit is ripe for making a judicial decision." The judgment must contain the names of the parties, the court, the final date of oral argument, the facts, and the reasons for decision subject to some exceptions. A judgment must be rendered within two months of the conclusion of oral arguments unless exceptional circumstances apply and becomes effective once it has been rendered. A court's duties regarding judgments are outlined in The Law of

498-411: A judgment debtor is capable of fulfilling the judgment order may affect the enforcement mechanism used to recover the money or property. Some steps are available in different jurisdictions to investigate or interview judgment creditors, and investigations may be conducted either by the judgment creditor or by a sheriff or bailiff . Different enforcement mechanisms exist, including seizure and sale of

581-750: A non-legal decision. Translations from non-English texts demonstrate varied spelling of the word. For instance, the English translation of France's Code of Civil Procedure uses "judgement" throughout. The legal definition of "judgment" contemplates decisions made by judges in a court of law. Decisions of quasi-judicial bodies and administrative bodies may also be colloquially referred to as "judgments," but they must be distinguished from true judgments in that they are not made by judges in courts of law. Judgments must also be distinguished from arbitral awards , which are made by arbitral tribunals . A judgment may be provided either in written or oral form depending on

664-501: A protestant discoverer; and thus, that which was void as between the parties, was good for the benefit of a third person. These acts had so embarrassed all the titles in the country, that if no other motive had occurred, it would have been a measure of policy to relax their severity: for no law is sufficient to restrain the desire of possessing landed property, and to evade these restrictive laws, contrivances were used, which perplexed almost every title, and made every protestant insecure in

747-409: Is accepted or rejected, the primary facts which the judge finds; to relate those findings to the factual issues in the case; to show how any inference has been drawn; to make the necessary findings of fact; to identify and apply the appropriate legal principles; and, ultimately, to make the appropriate dispositive orders'. In HKSAR v Tin's Label Factory Ltd , at the end of the hearing of the appeal in

830-430: Is central to the legitimacy of judicial institutions in the eyes of the public." Determining whether reasons for judgment are adequate is a contextual exercise that may call for different information or depth of reasoning based on the circumstances of the case. In general, Canadian courts are expected to provide reasons for judgment as a duty to the public at large, to demonstrate that the judge or judges have engaged with

913-490: Is considered a "free variation" word, and the use of either judgment or judgement (with an e) is considered acceptable. This variation arises depending on the country and the use of the word in a legal or non-legal context. British, Australian, New Zealand, American, and Canadian English generally use judgment when referring to a court's formal ruling. Judgement is commonly used in the United Kingdom when referring to

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996-448: Is known as a private member's bill . In territories with a multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by constitutional convention or by law, to be introduced into a specific chamber. For example, bills imposing a tax , or involving public expenditure , are introduced into the House of Commons in

1079-445: Is passed by Parliament it becomes an act and part of statute law. There are two types of bill and act, public and private . Public acts apply to the whole of the UK or a number of its constituent countries – England, Scotland, Wales and Northern Ireland. Private acts are local and personal in their effect, giving special powers to bodies such as local authorities or making exceptions to

1162-468: Is regulated through the national Code of Civil Procedure . Judgment enforcement, on a conceptual level, is conducted in a similar way across different legal systems . Specific references to the judgment enforcement rules of Germany , Canada ( Saskatchewan ), and the United States ( California ) are made in this section. The successful party may receive immediate payment from the unsuccessful party on

1245-569: The 1641 Rebellion to 22% before the Williamite War to 14% in 1704. The figure of 5% in 1776 given in Arthur Young 's Tour in Ireland is probably an underestimate, although in 1778 only 1.5% of rent was paid to Catholics. Catholic gavelkind cemented a tradition of farm subdivision , which persisted beyond the act's repeal and contributed to the Great Famine of the 1840s. Lord Redesdale ,

1328-508: The Court of First Instance , Mr Justice Pang Kin-kee immediately delivered an oral decision allowing the appeal, with written reasons to be handed down at a later date. 7 months later, the Judge handed down the written reasons for judgment dismissing the appeal, a result which was inconsistent with the oral decision announced at the end of the hearing. After the appellant contacted the Judge's clerk, later

1411-614: The Leases for Lives Act 1777 (17 & 18 Geo. 3. c. 49 (I)) (the Irish re-enactment of the British Papists Act 1778 ( 18 Geo. 3 . c. 60)) implicitly repealed many other provisions of the 1704 act. Some were replaced with less onerous restrictions; for example, the maximum lease for Catholic tenants was increased from 31 years to 999 years. The restrictions on inheritance and preference for a convert eldest son were abolished. The sacramental test

1494-637: The Lord Chancellor of Ireland , remarked in an 1805 case, based on a disputed inheritance of an estate originally purchased before and after 1704 by a Catholic: The purpose of [2 Anne c. 6 (I)] was to disable papists from purchasing lands in future; and to make all lands of which any papist was or should be seised in fee or in tail, of the nature of gavelkind, and, if not sold in his life-time for money, really and bonâ fide paid, to descend accordingly, notwithstanding any other disposition, but subject to debts and provision for daughters: and in case of conformity of

1577-407: The Parliament of England did not originally have titles, and could only be formally cited by reference to the parliamentary session in which they were passed, with each individual act being identified by year and chapter number. Descriptive titles began to be added to the enrolled acts by the official clerks, as a reference aid; over time, titles came to be included within the text of each bill. Since

1660-624: The Parliament of India , every bill passes through following stages before it becomes an Act of Parliament of India : In the Irish Parliament, the Oireachtas , bills pass through the following stages. Bills may be initiated in either the Dáil or the Seanad, and must pass both houses. In New Zealand, the bill passes through the following stages: A draft piece of legislation is called a bill ; when this

1743-584: The Promissory Oaths Act 1871 ( 34 & 35 Vict. c. 48), with the exception of section 25, which was made redundant by the coming into force in 1871 of the Irish Church Act 1869 , and was repealed by the Statute Law Revision (Ireland) Act 1878 . Act of Parliament A draft act of parliament is known as a bill . In other words, a bill is a proposed law that needs to be discussed in

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1826-523: The Roman Catholic Relief Act 1793 ; the sacramental test for Catholics was effectively replaced by the 1774 oath. The Roman Catholic Relief Act 1829 ( 10 Geo. 4 . c. 7) abolished the declaration against transubstantiation specified a new public oath for Catholics, explicitly permitted Catholics to hold Irish civil or military offices other than Lord Lieutenant and Lord Chancellor , with the same oaths as required of non-Catholics (in addition to

1909-517: The federal Constitution generally requires states to recognize the records and judgments of other states. A court's duties regarding judgments are outlined in the Code de procédure civile . A judgment "is given on behalf of the French people" and must contain certain information, including the date, the names of the judges, the level of court, and the names of the parties involved. A judgment must also describe

1992-503: The head of state . In some countries, such as in France, Belgium, Luxembourg , Spain and Portugal, the term for a bill differs depending on whether it is initiated by the government (when it is known as a "draft"), or by the parliament (a "proposition", i.e., a private member's bill). In Australia, the bill passes through the following stages: In Canada, the bill passes through the following stages: The committee considers each clause of

2075-488: The judgment debtor in North America . Judgment creditors can register their judgments through the property registry system in their jurisdictions, levy the property in question through a writ of execution, or seek a court order for enforcement depending on the options available in their jurisdiction. Judgment creditors may also need to investigate whether judgment debtors are capable of paying. Understanding whether

2158-414: The 'extraordinary' and 'inordinate' delay of 30 months which the trial judge ( Madam Recorder Gladys Li SC) took in handing down her reserved judgment was 'wholly excessive' and 'extremely regrettable', and recognised that 'it may lead to a denial of justice as a Judge's memory of the evidence, the witnesses, the submissions and the trial itself may fade with time', but nonetheless upheld her decision as it

2241-425: The 'sheer length of the judge's Reasons for Verdict brings with it considerable difficulties for the appeal courts and any other newcomer to the case in trying to unravel the relevant evidence and identify the real issues at trial. An unduly lengthy set of Reasons also creates problems for the judge himself in focussing on the essential issues at trial so as to explain, clearly, concisely and expediently, why he came to

2324-577: The 1st written judgment purporting to set out his reasons for "dismissing" the appeal on 15 May 2008, the Judge must have forgotten about his earlier oral decision allowing the appeal and omitted to check the file. The delay in preparing his reasons must have contributed to this oversight'. In accordance with section 170 of the Senior Courts Act 2016, the Chief Justice of New Zealand , the President of

2407-562: The 43rd act passed in 1980 would be 1980 chapter 43. The full reference includes the (short) title and would be the Magistrate's Court Act 1980 (c. 43). Until the 1980s, acts of the Australian state of Victoria were numbered in a continuous sequence from 1857; thus the Age of Majority Act 1977 was No. 9075 of 1977. Judgment (law) In law , a judgment is a decision of a court regarding

2490-572: The British parliament, and after the union the UK parliament continued the practice. From the late 18th century Roman Catholic relief bills eased the Penal Laws, by explicit or implicit repeal and replacement. In 1772 Catholics were allowed to lease up to 50 Irish acres of bog-land for up to 61 years by the act 11 & 12 Geo. 3. c. 21 (I). The 1704 oath of allegiance for Catholics was replaced in 1774 by 13 & 14 Geo. 3. c. 35 (I). Gardiner 's Act,

2573-656: The Court of Appeal and the Chief High Court Judge publish information about the indicative delivery times for reserved judgments in the Supreme Court , Court of Appeal and High Court respectively. As of 2017, the Supreme Court 'will endeavour to deliver judgment in an appeal within six months from the last day of the hearing'. In the Court of Appeal and the High Court , most decisions are delivered within three months of

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2656-549: The House of Commons, or S- if they originate in the Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma bills, and are introduced at the beginning of each session in order to assert the right of each Chamber to manage its own affairs. They are introduced and read a first time, and then are dropped from the Order Paper . In

2739-467: The United Kingdom, Canada's House of Commons , Lok Sabha of India and Ireland's Dáil as a matter of law. Conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords . Once introduced, a bill must go through a number of stages before it can become law. In theory, this allows the bill's provisions to be debated in detail, and for amendments to

2822-494: The affected parties have been notified. A court's duties regarding judgments are outlined in the Zivilprozessordnung . A trial judgment must contain certain information, including the parties and their representatives, the court and judges involved in the decision, the date the proceedings finished, the merits of the case and the reasons for the judgment. Specifically, the legislation requires that "the claims asserted and

2905-457: The appeal. Delays have occurred in a number of judicial review cases. For example, in Data Key Ltd v Director of Lands , Lui Yuet Tin v Commissioner for Transport and DI v Director of Immigration , Mr Justice Au handed down his reserved judgment 26 to 28 months after the hearing. The Court of Appeal has on occasion delivered its reasons for judgment a significant period of time after

2988-402: The basis of the judgment and not require further action. A successful party who does not receive immediate payment must initiate a judgment enforcement process in order to collect the money or property that they are entitled to under the judgment. Once this process is initiated, the successful party may be referred to as the judgment creditor while the unsuccessful party will be referred to as

3071-506: The bill, and may make amendments to it. Significant amendments may be made at the committee stage. In some cases, whole groups of clauses are inserted or removed. However, if the Government holds a majority, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which

3154-427: The circumstances. Oral judgments are often provided at the conclusion of a hearing and are frequently used by courts with heavier caseloads or where a judgment must be rendered quickly. Written reasons for judgment are often provided in circumstances where a complex decision must be made, where the matter is likely to be appealed, or where the decision is considered to be of some significant importance to members of

3237-541: The civil law imposes a statutory requirement to provide reasons for judgment, the common law recognizes a contextual duty to provide reasons depending on certain circumstances. The following section provides some information regarding judgments in different jurisdictions as well as examples of their treatment of other types of judgments, where available. At the State level various State and Territory Courts allow for parties to obtain different types of judgments; including: However,

3320-722: The clause stand part of the bill are made. In the Report stage, the debate is on the motions for specific amendments. Once a bill has passed both Houses in an identical form, it is presented to the Governor General , who gives it royal assent . Although the Governor General can refuse to assent a bill, this power has never been exercised. Bills being reviewed by Parliament are assigned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills , and 1001 up for private bills . They are preceded by C- if they originate in

3403-480: The conclusion of the hearing. Where an oral decision has been given of the result, with reasons to follow later, it is incumbent upon the judge to deliver the reasons within a reasonable time. This is important not only for the parties, but it is essential to the maintenance of public confidence in the administration of justice. In the present case, the delay of seven-and-a-half months was unjustified'. The Hong Kong Court of Final Appeal further stated that 'In handing down

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3486-403: The decision he did'. The Hong Kong Court of Final Appeal endorsed the remarks made by the Court of Appeal , and stated that 'Whilst a judge should keep a record of the evidence and submissions, it is not the function of a judgment to be that record. Instead, the primary purpose of a judgment is: to identify the ultimate issues in the case; to set out, qualitatively by reference to the evidence that

3569-431: The decision in question. Furthermore, providing reasons for judgment serves a practical purpose insofar as it necessarily requires the court to engage in thoughtful consideration of the cases presented. However, the Court also noted that the exercise of providing reasons for judgment is contextual and the standard of what is acceptable for a judgment will vary depending on the circumstances. The court appears to propose that

3652-449: The delay in the preparation of the judgment'. The Court of Appeal therefore set aside the decision and ordered a re-trial before another judge of the Court of First Instance . In HKSAR v Yip Kim Po , after a criminal trial lasting over one year, the trial judge (His Honour Judge Kevin Browne) gave Reasons for Verdict with 1,753 paragraphs spanning 465 pages. The Court of Appeal stated that

3735-414: The disposition of an appeal) and the judgment of an appellate court (the pronouncement of the disposition itself). In Canadian English , the phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. Judgment

3818-669: The effect of formally closing the case and terminating any ongoing garnishment arrangements or liens. In Saskatchewan , upon either the satisfaction or withdrawal of a judgment, a judgment debtor can seek a discharge of judgment. If successful, the judgment is removed from the Judgment Registry and detached from any property registered on the Personal Property registry, titles, or interests in land. The requirements for judgments share many similarities and some differences between countries and legal systems . For instance, while

3901-459: The effect of the judgment. Judgments that vary from a standard judgment on the merits of a case include the following: If more than one judge is deciding a case , the judgment may be delivered unanimously or it may be divided into a number of majority, concurring, plurality, and dissenting opinions. Only the opinion of the majority judgment is considered to have precedent -setting weight. Some examples of opinions within judgments include: When

3984-434: The eldest son, the act reduced the father to the condition of tenant for life, and gave the inheritance to the conforming son, subject to provisions for younger children. The second act [8 Anne c. 3 (I)] is of a different kind. It was conceived that the first act was evaded in consequence of those who had a right to avail themselves of it not doing so. The second act, therefore, gives a right to any protestant to avail himself of

4067-426: The facts, the procedure and the claims of the parties, as a narrative ... Such judgments may also be divided to deal with each element of the claim separately." Generally, French judgments are much shorter than their common law counterparts. A court may either provide their judgment at the end of the hearing or defer the judgment to a specified date. If an oral judgment is rendered, it must be read by at least one of

4150-478: The federal level, a judgment is defined in the United States Federal Rules of Civil Procedure as "a decree and any order from which an appeal lies" and does not include "recitals of pleadings, a master's report, or a record of prior proceedings." A judgment must address all of the issues raised with respect to the rights and liabilities of the parties. If a judgment is rendered without addressing all

4233-403: The former act for his own benefit, and to file a bill for a discovery of all trusts or purchases made by, or on behalf of papists, contrary to the provisions of the former act, and to take the benefit of the same, as if made to or for such protestant discoverer. The result was, that although the first act made a purchase by a papist void, the second act made the purchase valid for the benefit of

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4316-882: The hearing. For example, in China Medical Technologies v Samson Tsang Tak Yung , the reasons for judgment, as well as the reserved decision as to costs, were delivered by Mr Justice Barma, JA after a delay of 34 months. Similar delays have also been encountered in cases in the District Court . For example, in Leung Chi Wang v Leung Yui Shing (decided by Deputy District Judge Richard Leung), Kan Yay Shan v Mo You Mut (decided by Deputy District Judge Simon Lui), Golden Field Glass Works v Yeung Chun Keung (decided by Deputy District Judge Timon Shum), and Han Mei Fang v All Occupiers of Flat F, 6th Floor, Kapok Mansion (decided by Deputy District Judge Samson Hung), judgment

4399-489: The judge's view of the law, and those issues which would be relevant if the judge's view of the law turns out to be wrong. Otherwise, there is a real risk of a complete or partial rehearing being ordered, which would bring the administration of law into disrepute. Further, The Civil Procedure Rules 1998 state that a judgment or order takes effect on the day it is rendered unless the court specifies otherwise and provide additional guidance on different types of judgments. At

4482-410: The judges who heard the case. Parties to the proceedings are entitled to receive "a certified copy of the judgement imprinted with an order of enforcement." Once a judgment has been executed, it becomes res judicata . A judgment will be enforced once it becomes final subject to some exceptions. A judgment can only be enforced once a certified copy imprinted with an order of enforcement is provided and

4565-422: The judgment creditor is entitled to enforce the judgment 30 years past the judgment date. In California and Saskatchewan, the judgment creditor is entitled to enforce the judgment 10 years past the judgment date subject to exceptions that allow the judgment creditor to renew the enforcement for an additional 10 years. Release of judgments Depending on the jurisdiction, the judgment debtor may be able to obtain

4648-402: The judgment debtor's property or garnishment . Some jurisdictions, like California, also allow for additional enforcement mechanisms depending on the circumstances, such as suspending the judgment debtor's driver's license or professional license. In Germany, a bailiff is responsible for enforcing the judgment and is empowered to use a number of different enforcement mechanisms. In Germany,

4731-417: The last day of the hearing. The Court of Appeal of England and Wales (Civil Division) has affirmed a common law duty to give reasons for a judgment, subject to some exceptions (such as an oral judgment or a summary judgment). The Court also noted that providing reasons for judgment "is a function of due process, and therefore of justice." Interested parties must be able to determine why the court has made

4814-663: The law in particular geographic areas. In the United Kingdom Parliament, each bill passes through the following stages: In the Scottish Parliament, bills pass through the following stages: There are special procedures for emergency bills, member's bills (similar to private member's bills in the UK Parliament), committee bills, and private bills. In Singapore, the bill passes through these certain stages before becoming into an Act of Parliament. Acts passed by

4897-578: The legal aspects on which the decision is based." An appellate court judgment must include the findings of fact in the contested judgment, including any changes or amendments, and the reasons for the court's determination of the appeal. Judgments in most German courts are rendered "in the name of the people". The duty to provide reasons for a judgment is entrenched in Italy 's Constitution . A court's duties regarding judgments are outlined in "民事訴訟法及び民事保全法の" ( Code of Civil Procedure ). The Code states that

4980-405: The legal community and/or the public at large. Written reasons for judgment are not generally provided immediately following the hearing and may take days, weeks, or even months to be released. Types of judgments can be distinguished on a number of grounds, including the procedures the parties must follow to obtain the judgment, the issues the court will consider before rendering the judgment, and

5063-400: The means of challenge or defence [be] brought before the court, highlighting the petitions filed. The details of the circumstances and facts as well as the status of the dispute thus far are to be included by reference being made to the written pleadings, the records of the hearings, and other documents ... [and] a brief summary of the considerations of the facts and circumstances of the case and

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5146-491: The mid-nineteenth century, it has also become common practice for acts to have a short title , as a convenient alternative to the sometimes lengthy main titles. The Short Titles Act 1892 , and its replacement the Short Titles Act 1896 , gave short titles to many acts which previously lacked them. The numerical citation of acts has also changed over time. The original method was based on the regnal year (or years) in which

5229-408: The new Catholic oath). The Criminal Law Commission's 1845 report on oaths said sections 1, 3, and 6 of the 1704 act had fallen into disuse and should be repealed. The Religious Disabilities Act 1846 ( 9 & 10 Vict. c. 59), passed in consequence of the committee's report, explicitly repealed provisions of sections 1, 3, and 4 of the 1704 act. The Popery Act was explicitly repealed as obsolete by

5312-496: The original act, and closed some loopholes used by Catholics to remain beneficial owners of nominally Protestant property. A 1719 act, 6 Geo. 1. c. 9 (I) indemnified officials who had not thitherto subscribed to the oath required by the Popery Act. The time period for Dissenters subscribing to the oath was routinely extended, initially by an Indemnity Act at the start of each biennial parliamentary session. Similar acts were passed by

5395-422: The original bill to also be introduced, debated, and agreed to. In bicameral parliaments, a bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber. Broadly speaking, each chamber must separately agree to the same version of the bill. Finally, the approved bill receives assent; in most territories this is merely a formality and is often a function exercised by

5478-446: The parliament before it can become a law. In territories with a Westminster system , most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a " white paper ", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this

5561-612: The parties' claims and the grounds on which their claims are based, identifying both the final judgment and the reasons for the judgment. In light of compliance with the rules of the Code and the absence of an appeal, a judgment is presumed to have been executed correctly. Traditional French judgments often consisted of a single sentence wherein the court provided its judgment. However, a drive towards modernization of French judgments has encouraged judges to write much clearer judgments to encourage simplification and accessibility. Modern French judgments generally include "[a] recounting [of]

5644-420: The parties' pleadings, to explain why the parties won or lost, and to allow for meaningful appellate review (in the event that the case may be appealed). With the above guiding principles in mind, Canadian courts must "read [the reasons] as a whole, in the context of the evidence, the arguments and the trial, with an appreciation of the purposes or functions for which they are delivered..." to determine whether

5727-570: The possession of lands derived through a papist. In 1866, Chancery Commissioners reported that the Law of Judgments was much more complicated in Ireland than in England, and traced the difference back to the steps introduced in Ireland to enforce the 1704 act and ensure property was not being secretly transferred from Protestants to Catholics. The act was "explained and amended" by a 1709 act, 8 Anne c. 3 (I), which specified certain time limits left ambiguous by

5810-565: The reasons for judgment are adequate. The reasons must tell the reader why the judgment was made, but do not need to tell the reader how the judge made the decision rendered in the judgment. Provincial rules of civil procedure provide further guidance relating to specific types of judgments. For example: In Mak Kang Hoi v Ho Yuk Wah David , the Hong Kong Court of Final Appeal stated that 'litigants are entitled to have their cases decided with reasonable promptitude'. The Court considered that

5893-415: The relevant parliamentary session met. This has been replaced in most territories by simple reference to the calendar year, with the first act passed being chapter 1, and so on. In the United Kingdom, legislation has referenced by year and chapter number since 1963 ( Acts of Parliament Numbering and Citation Act 1962 ). Each act is numbered consecutively based on the date it received royal assent, for example

5976-441: The rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order . Speakers of British English tend to use the term at the appellate level as synonymous with judicial opinion . American English speakers prefer to maintain a clear distinction between the opinion of an appellate court (setting forth reasons for

6059-554: The rights and liabilities, the action is not ended and the claims of the parties may be revised before the entry of a judgment that determines all of the issues raised. A state code of civil procedure provides its own rules relating to judgments in state courts. For instance, California's Code of Civil Procedure provides some general rules regarding the purpose of and requirements for judgments as well as rules relating to summary judgments, default judgments, and interim or interlocutory judgments. The Full Faith and Credit Clause of

6142-471: The rules of reason and justice". Other eminent Catholic lawyers like Stephen Rice also denounced the measure but to no avail. Charles Ivar McGrath says that while the Popery Act had "evident ... negative effects", specific research is lacking, and that it was intended more to prevent an increase in Catholic landholding than encourage further decrease: the Catholic share of land had already fallen from 60% before

6225-401: The same day the Judge retracted the 'incorrect version' and delivered the 'correct version' of the written reasons for judgment. The correction was made before the court order and record had been perfected. The Hong Kong Court of Final Appeal stated that 'It must be reiterated and strongly emphasised that judges at all levels of court have a duty to deliver judgments within a reasonable time after

6308-508: The two had which fate. The approved bill was engrossed on 20 January, presented in the Commons on 14 February, sent to the Irish House of Lords on 25 February, and given royal assent on 4 March. Sir Toby Butler , the former Solicitor General for Ireland , a Roman Catholic, made a celebrated speech at the bar of the Commons denouncing the act as being "against the laws of God and man... against

6391-403: The ultimate requirement is the court explaining, in some way, why it has made the decision in question. The UK Supreme Court has stated that where there has been a relatively long and expensive hearing/trial, it is important that the judgment (i) clearly identifies all the issues of fact and expert opinion that are in issue, and (ii) resolves in clear terms all such issues which are relevant on

6474-509: Was 'objectively sound'. Similarly, in Dr Yip Chi Him Roger v Lee Kwok Leung , the trial judge (Mr Justice Louis Chan) delivered his reserved judgment over 32 months after the trial. The Court of Appeal held that 'notwithstanding the regrettable delay in giving judgment, we come to the firm and clear view that the Judge gave cogent and adequate reasons for his findings and there is no error of law or facts in his findings', and dismissed

6557-467: Was divided equally among a dead man's sons. In contrast, English common law used male primogeniture , with the eldest son receiving the entire estate. The 1704 act enforced gavelkind for Catholics and primogeniture for Protestants. Two separate bills "to prevent the further Growth of Popery" were introduced in the parliamentary session 1703–1704. One originated with the Irish Privy Council and

6640-437: Was handed down between 31 and 33 months after the trial. In Welltus v Fornton Knitting , after a trial which lasted 12 days, the trial judge ( Deputy High Court Judge Ian Carlson) took over 10 months to hand down his reserved judgment. The Court of Appeal held that the trial judge failed to give adequate reasons for his decision and stated that 'the failure to deal with [one of the critical issues was] probably attributable to

6723-499: Was not ready when the bill was presented). The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second reading, the motion is "That this bill be now read a second time and be referred to [name of committee]" and for third reading "That this bill be now read a third time and pass." In the Committee stage, each clause is called and motions for amendments to these clauses, or that

6806-647: Was referred on 4 July 1703 to the Attorney-General for Ireland ; the other was introduced as heads of a bill in the Irish House of Commons on 28 September 1703 and sent to the Lord Lieutenant on 19 November. Under Poynings' Law , both bills were transmitted to the English Privy Council for approval. Formally, one bill was vetoed and the other was returned to Dublin with amendments; a lack of surviving documentation makes it impossible to determine which of

6889-410: Was repealed for Dissenters in 1780. The Roman Catholic Relief Act 1782 (21 & 22 Geo. 3. c. 24 (I)) repealed section 23 of the 1704 act. Another act of 1782, 21 & 22 Geo. 3. c. 62 (I), allowed lay Catholics to be guardians of Protestants. Most restrictions on intermarriage were removed by the Roman Catholic Relief Act 1792 (32 Geo. 3. c. 21 (I)). Many Penal Laws were repealed in general terms by

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