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An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that "[t]he term legal proceedings includes proceedings brought by or at the instigation of a public authority, and an appeal against the decision of a court or tribunal". [1]
The Nature of the Judicial Process established Cardozo "as one of the leading jurists of his time" [11] and "has become a classic of legal education." [12] Its continuing appeal is due, in part, to its self-effacing tone, its lapidary prose, and its attempt to strike a happy medium between legal formalism and radical realist theories that wholly reject traditional views of law, legal reasoning ...
The Court found that the operation to which the plaintiff did not consent constituted medical battery. Justice Benjamin Cardozo wrote in the Court's opinion: . Every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patient's consent commits an assault for which he is liable in damages.
In short, an administrative function is called ‘quasi-judicial’ when there is an obligation to assume a judicial approach and to comply with the basic requirements of natural justice. Thus, the fundamental purpose of a quasi-judicial hearing is to provide the affected parties due process. [ 2 ]
The Bangalore Code of Judicial Conduct was drafted in 2001 for the Judicial Group on Strengthening Judicial Integrity and presented to the Round Table Meeting of Chief Justices in November 2002. [3] Resolution 23 of the United Nations Social and Economic Council promotes implementation of the Bangalore Principles by the judiciaries of Member ...