Online Encyclopedia

PROCEDURE (Fr. procedure, from Lat. p...

Online Encyclopedia
Originally appearing in Volume V22, Page 408 of the 1911 Encyclopedia Britannica.
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PROCEDURE (Fr. procedure, from
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Lat. procedere, to go for-ward)
  , in general, a method or course of
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action . In law, procedure may be defined as the mode in which the successive steps in litigation are taken . As a
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term in
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English law it
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dates only from the passing of the
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Common Law Procedure Acts 1852—1860; it is usually coupled with, or more often replaced by, the word " practice." The procedure of the High Court of Justice in England is governed by the rules of the supreme court, which are published in the
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Annual Practice . Procedure has been defined (per Lush, L.J., Poyser v . Minors, L . R . 7 Q.B.D . 329), as " the mode of proceeding by which a legal right is enforced as distinguished from the law which gives or defines the right, and which by means of the proceeding the court is to administer; the machinery as distinguished from the product." T . E . Holland (Elements of Jurisprudence, 1906, p . 86) describes procedure, or " adjective " law, as that
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part of law which provides a method of aiding and protecting rights .

End of Article: PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)
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