H.Lewis York's Amplifiers PDF

By H.Lewis York

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When the judgment is published in a law report, it begins with a head-note summarising the key facts, the legal principles arising and the decision. This is a convenient short summary and most students read no further than the head-note (an example of a head-note, that of the case of McLoughlin v O’Brian 1982, can be found in the Appendix). In English reports, this head-note is followed by the individual judgment of the judge or judges in that case. Therefore, if five judges have heard the case, five individual opinions will be reported.

2 The system in the United States In the United States, legislation takes place at two levels, the federal and the state. Just as EU law is superior to national legislation, federal legislation is superior to state legislation in its areas of competence. It is said to pre-empt state legislation where there is a conflict. It should also be noted that the US Supreme Court has the power to throw out any legislation not in keeping with the US Constitution. The federal legislature has at its head the president, with the duty to make sure that the laws are faithfully executed and the power to make treaties and veto laws.

For example, a claim is commenced by petition rather than a claim form to bring an action to wind-up a company. The one commencing the action is called the petitioner and the party served is called the respondent. 2 Bringing an action Before the updated CPR, the usual way of commencing proceedings in the High Court was by writ. The term ‘writ’ has now disappeared from CPR terminology. Most proceedings in the High Court are now commenced by a claimant filling out a claim form. Particulars of claim may be endorsed on the claim form itself or served as a separate document within fourteen days of the claim form.

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Amplifiers by H.Lewis York

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