翻訳と辞書
Words near each other
・ Substitute good
・ Substitute holiday
・ Substitute natural gas
・ Substitute teacher
・ Substitute Teacher (film)
・ Substituted alpha-alkyltryptamine
・ Substituted amphetamine
・ Substituted cathinone
・ Substituted methylenedioxyphenethylamine
・ Substituted phenethylamine
・ Substituted phenylmorpholine
・ Substituted tryptamine
・ Substitutes for Leadership Theory
・ Substitutiary Locomotion
・ Substitution
Substitution (law)
・ Substitution (logic)
・ Substitution (poetry)
・ Substitution (song)
・ Substitution (sport)
・ Substitution (theatre)
・ Substitution bias
・ Substitution cipher
・ Substitution effect
・ Substitution failure is not an error
・ Substitution hypothesis
・ Substitution matrix
・ Substitution method
・ Substitution model
・ Substitution of attorney


Dictionary Lists
翻訳と辞書 辞書検索 [ 開発暫定版 ]
スポンサード リンク

Substitution (law) : ウィキペディア英語版
Substitution (law)

In legal terms, the Right of Substitution is a statutory right of all parties except the State. It is the right to change the presiding court official with or without cause.
Judges are usually given cases randomly within a jurisdiction (unless there is only one judge in a jurisdiction, in which case they receive all cases). The Right of Substitution does not give a litigant the right to choose a judge, just the random selection of another judge in the jurisdiction. If the right is exercised in a jurisdiction with one judge usually a judge from a neighboring jurisdiction will take the case, although on occasion a Reserve Judge or Commissioner may be used.
==Right of Substitution with Cause==
(詳細はcriminal and juvenile defendants and all parties in a civil action. Substitution for cause can be for any bias a judge may have in the case, such as an association with a party (family, friendship or even stock ownership), having made vocal comments in the past on the topic at trial, etc.
The right of substitution with cause does not have a limitation on the number of times it may be called for, such that parties may exercise the right until they find a neutral judge. Substitution with cause may be moved for at any time after a party realizes a bias exists. However many jurisdictions require the right be exercised within a certain time after the bias has been discovered by a party or else the right will be waived, often 30–60 days.
This right rarely must be exercised by parties, as judges will usually raise the bias ラテン語:''sua sponte'' and recuse him or herself from a case before a party may even have known of the conflict of interest.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Substitution (law)」の詳細全文を読む



スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース

Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.