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Enforcement of Judgement - Guide to Legal Remedies


Enforcement of Judgements and Legal Remedies deal with methods by which a right is enforced or a violation of a right is prevented or compensated and the means employed to enforce a right or redress damages or an injury.

Legal remedies and enforcements are an integral part of all areas of law and additional information can be found, among others, in our Constitutional Law and Administrative Law pages.

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Enforcement of Judgement - US

  • Administrative Office of the United States Courts

    The AO is the central support entity for the Judicial Branch. It provides a wide range of administrative, legal, financial, management, program, and information technology services to the federal courts. The AO provides support and staff counsel to the Judicial Conference of the United States and its committees, and implements and executes Judicial Conference policies, as well as applicable federal statutes and regulations. The AO facilitates communications within the Judiciary and with Congress, the Executive Branch, and the public on behalf of the Judiciary.

  • Department of State - Private International Law - Arbitration and Judgements

    L/PIL is responsible for the negotiation and conclusion of international conventions, model laws and rules, legislative guides, and other instruments governing private transactions that cross international borders. This website is intended to provide a convenient location to find information regarding private international law in areas such as trade, finance and banking; judicial assistance; arbitration and judgments; matters involving families and children; and wills, trusts and estates.

  • Enforcement of Judicial Decisions - Definition

    The method of enforcing a judicial decision depends upon its nature. If it does nothing more than declare legal rights, as is true of a simple divorce decree (merely severing marital ties, not awarding alimony or the custody of children) or a declaratory judgment (e.g., interpreting a contract or a statute), no enforcement is needed. If a judgment orders a party to do or to refrain from doing a certain act, as happens when an injunction is issued, the court itself takes the first step in enforcing the judgment by holding in contempt anyone who refuses to obey its order and sentencing him to pay a fine or to go to jail. Thereafter, enforcement is in the hands of the executive branch of government, acting through its law-enforcement and correctional authorities.

  • International Reciprocal Recognition and Enforcement of Judgments

    There is no bilateral treaty or multilateral international convention in force between the United States and any other country on reciprocal recognition and enforcement of judgments. Although there are many reasons for the absence of such agreements, a principal stumbling block appears to be the perception of many foreign states that U.S. money judgments are excessive according to their notions of liability. Moreover, foreign countries have objected to the extraterritorial jurisdiction asserted by courts in the United States. In consequence, absent a treaty, whether the courts of a foreign country would enforce a judgment issued by a court in the United States depends upon the internal laws of the foreign country and international comity.

  • Legal Remedies Available to Death Sentenced Individuals

    In the early twentieth century, executions typically took place within a year after the trial. Since few constitutional rights of defendants were recognized, few areas of relief were possible. In particular, the criminal-procedure guarantees of the Bill of Rights in the Constitution of the United States – guarantees such as the right to a defense attorney, the right to a public trial by an impartial jury, and the privilege against self-incrimination – were thought to apply only in federal criminal prosecutions, not in state prosecutions. Gradually, however, the Supreme Court of the United States held that many of the protections of the federal Constitution’s Bill of Rights applied to state criminal defendants as indispensable components of the “due process of law” which the Fourteenth Amendment to the Constitution explicitly required the States to grant to any person in the United States. Protecting these constitutional rights required a more thorough review of a defendant’s conviction and death sentence.

Enforcement of Judgement - International

  • Enforcement of Judgements and Orders - UK

    We are responsible for maintaining and developing the system for collecting and enforcing fines, confiscation orders, civil orders and judgments and the enforcement of breaches of community penalties. As part of our duties, we: * advise ministers and senior officials on performance, policy and operational aspects of civil and criminal enforcement * guide and advise courts and share good practice * procure and manage enforcement contracts * develop and implement civil and criminal blueprints for enforcement * implement new enforcement legislation.

  • European Judicial Network - Enforcement of Judgements

    Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters contains rules on enforcement in another Member State. It entered into force on 1 March 2002 and simplifies the procedure for having a foreign judgment declared enforceable, and replaces the Brussels Convention of 1968. The Regulation is directly applicable, which means that anybody can rely on it before the courts. The application of Regulation was extended to Denmark following the conclusion of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

  • UNHCR - Right of Amparo, Habeas Corpus or Legal Remedies

    The General Assembly, Bearing in mind the provisions of the Universal Declaration of Human Rights,[1] of the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment[2] and of the International Covenant on Civil and Political Rights,[3] Mindful, in particular, of article 9, paragraph 4, of the said Covenant, which stipulates that anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

Organizations Related to Enforcement of Judgement

  • Center for the Preservation of Habeas Corpus

    Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's detention or imprisonment.

  • Federal Bureau of Investigation (FBI)

    Part of the FBI Mission is "to provide leadership and criminal justice services to federal, state, municipal, and international agencies and partners." That means many things, from fingerprint and DNA analysis to professional training to reports and statistics.

  • National Legal Aid and Defender Association (NLADA)

    NLADA is the nation's leading advocate for front-line attorneys and other equal justice professionals - those who make a difference in the lives of low-income clients and their families and communities. Representing legal aid and defender programs, as well as individual advocates, NLADA is proud to be the oldest and largest national, nonprofit membership association devoting 100 percent of its resources to serving the broad equal justice community.

  • Office for Victims of Crime - Civil Legal Remedies

    The Office for Victims of Crime (OVC) was established by the 1984 Victims of Crime Act (VOCA) to oversee diverse programs that benefit victims of crime. OVC provides substantial funding to state victim assistance and compensation programs-the lifeline services that help victims to heal. The agency supports trainings designed to educate criminal justice and allied professionals regarding the rights and needs of crime victims

Articles on HG.org Related to Enforcement of Judgement

HG.org Resources on Civil Rights

  • Guide to Administrative Law

    Administrative Law integrates several areas of law, which include administrative rules, regulations and procedures for government agencies and bodies; the scope of agency authority, in particular individual privacy; and enforcement powers of agencies. In the United States, access to information about the government is also an integral part of administrative regulations. Government (general), Constitutional Law and Civil Rights are treated separately, as is Privacy Law.

  • Guide to Civil Rights Law

    In civil law jurisdictions, a civil right is a right or power which can be exercised under civil law, which includes things such as the ability to contract. In civil law jurisdictions, lawsuits between private parties for things such as breach of contract or a tort are usually expressed in terms of infringement of a civil right. In common law jurisdiction, the term civil right is distinguished from "human rights" or "natural rights". Civil rights are rights that are bestowed by nations on those within their terr boundaries, while natural or human rights are rights that many scholars claim that individuals have by nature of being born. Other practice areas related to Civil Rights are Constitutional Law, Consumer Law, Discrimination, Human Rights, Native Populations, Privacy Law, Public Law, and Sexual Harassment.

  • Guide to Constitutional Law

    Constitutional law deals with constitutions as they set out the general framework of government. Government entities and specific provisions providing for human rights and civil rights, which are part of some constitutions, are set out in the appropriate sections. Commercial matters are likewise dealt with in the commercial law section. How government agencies function can be found under Administrative Law. Constitutional Law is part of the Civil Rights practice, as well as Consumer Law, Discrimination, Human Rights, Native Populations, Privacy Law, Public Law, and Sexual Harassment.

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