procedure rule

Examples of procedure rule in the following topics:

• The Rights of the Accused

  • Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defendant prove that s/he is innocent; any doubt is resolved in favor of the defendant.
  • United States criminal procedure derives from several sources of law: the baseline protections of the United States Constitution, federal and state statutes, federal and state rules of criminal procedure (such as the Federal Rules of Criminal Procedure), and state and federal case law either interpreting the foregoing or deriving from inherent judicial supervisory authority.
  • The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains provisions regarding criminal procedure.

• The Growth of Bureaucracy

  • Bureaucracy is a complex means of managing life in social institutions that includes rules and regulations, patterns and procedures that both are designed to simplify the functioning of complex organizations.
  • An example of bureaucracy would be the forms used to pay one's income taxes - they require specific information and procedures to fill them out.
  • Included in that form, however, are countless rules and laws the dictate what can and can't be tied into one's taxes.
  • Thus, bureaucracy simplifies the process of paying one's taxes by putting the process into a formulaic structure, but simultaneously complicates it by adding rules and regulations that govern the procedure.
  • Weber did believe bureaucracy was the most rational form of institutional governance, but because Weber viewed rationalization as the driving force of society, he believed bureaucracy would increase until it ruled society.

• Debate

  • In the Senate, Senators sometimes use this rule to filibuster a bill—that is, continue debating a bill endlessly so that it cannot be voted on.
  • Because of its size, the House relies heavily upon fixed rules and strict timetables for debate.
  • Times for debate and other procedures are set by the House Rules Committee, which is generally considered to be one of the most powerful committees in Congress.

• Legislative Agendas

  • In parliamentary procedure, an agenda is not binding upon an assembly unless its own rules make it so or unless it has been adopted as the agenda for the meeting by majority vote at the start of the meeting.
  • If it is desired to do otherwise, the rules can be suspended for that purpose.

• The Senate

  • Senate procedure depends not only on the rules, but also on a variety of customs and traditions.
  • The Senate commonly waives some of its stricter rules by unanimous consent.
  • The presiding officer enforces the rules of the Senate, and may warn members who deviate from them.
  • Holds can be overcome, but require time-consuming procedures such as filing cloture.

• The Right to Due Process

  • Due process rights provides legal protections while a citizen is charged by the courts and other legal procedures.
  • At a basic level, procedural due process is essentially based on the concept of fundamental fairness.
  • Specifically, the Supreme Court has ruled that in certain circumstances, the Due Process Clause of the Fourteenth Amendment requires a judge to recuse himself on account of a potential or actual conflict of interest.
  • Massey Coal Co. (2009), the Court ruled that a justice of the Supreme Court of Appeals of West Virginia could not participate in a case involving a major donor to his election to that court.
  • In criminal cases, many of these due process protections overlap with procedural protections provided by the Eighth Amendment to the United States Constitution, which guarantees reliable procedures that protect innocent people from being executed, which would be an obvious example of cruel and unusual punishment.

• Conference Committee

  • House rules require that one conference meeting be open to the public, unless the house, in open session, votes that a meeting will be closed to the public.
  • In such a case, the rules of each house provide that a Member may object through a point of order, although each house has procedures under which it can vote to waive the point of order.
  • The house provides a procedure by which the offending provision may be stricken from the bill.
  • If the objection was well founded, the Presiding Officer ruled and a Senator could appeal the ruling of the Chair.
  • If the appeal was sustained by a majority of the Senate, it had precedential effect, eroding the rule on the scope of conference committees.

• The Power of Judicial Review

  • This principle is interpreted differently in different jurisdictions, so the procedure and scope of judicial review differs from state to state.
  • Common law judges are seen as sources of law, capable of creating new legal rules and rejecting legal rules that are no longer valid.
  • In the civil law tradition, judges are seen as those who apply the law, with no power to create or destroy legal rules.
  • First introduced by French philosopher Charles de Secondat, Baron de Montesquieu , separation of powers was later institutionalized in the United States by the Supreme Court ruling in Marbury v.

• The Caucus

  • Members of a political party or subgroup may meet to coordinate actions, choose group policy or nominate candidates for various offices.The term caucus is often used to discuss procedures implemented by states, including Iowa and Texas, to select presidential nominees. .
  • Despite a Democratic Party rule that delegates are allocated proportionally rather than "winner takes all," some caucus groups decide individually how to allocate their group's delegates.
  • Discussion of party rules is not necessarily part of the caucus experience, while few rules govern the actual process.

• U.S. Court of Appeals

  • Every federal court litigant has the right to appeal an unfavorable ruling from the district court by requesting a hearing in a circuit court.
  • The procedure within appellate courts diverges widely from that within district courts.
  • After a ruling has been made, other federal courts in the circuit must follow the appellate court's guidance in similar cases, even if the trial judge thinks that the case should be handled differently.