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It also allows relief in the alternative, so the plaintiff does not have to pre-guess the remedy most likely to be accepted by the court. Rule 8(b) states that the defendant's answer must admit or deny every element of the plaintiff's claim. Rule 8(c) requires that the defendant's answer must state any affirmative defenses.
Proponents of open justice assert numerous benefits. An overarching benefit is that it keeps courts behaving properly. [5] Openness acts as a safeguard for the proper administration of justice. [8] According to philosopher Jeremy Bentham, open justice is the "keenest spur to exertion and the surest of all guards against improbity."
"That all courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay." [1] Tennessee: Code Ann. § 23-1-109 "Any person may conduct and manage the person's own case in any court of this state ...
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Section 135(1) of the Courts of Justice Act (Ontario) states the general principle that "all court hearings shall be open to the public".. Subsection 486(1) of the Criminal Code states: "Any proceedings against an accused shall be held in open court, but where the presiding judge, provincial court judge or justice, as the case may be, is of the opinion that it is in the interest of public ...
Pursuant to the open court principle and related legislation, legal proceedings are generally open to the public and the media. Section 135(1) of the Courts of Justice Act (Ontario) states the general principle that "all court hearings shall be open to the public". In Quebec, however, under the Quebec Act 1774, the French legal system ...
In the IRAC method of legal analysis, the "issue" is simply a legal question that must be answered. An issue arises when the facts of a case present a legal ambiguity that must be resolved in a case, and legal researchers (whether paralegals, law students, lawyers, or judges) typically resolve the issue by consulting legal precedent (existing statutes, past cases, court rules, etc.).
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.