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56-463: A judicial summons is served on a person involved in a legal proceeding. Legal action may be in progress against the person, or the person's presence as witness may be required. In the former case, the summons will typically announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a case has been initiated in the issuing court. In some jurisdictions, it may be drafted in legal English difficult for

112-533: A subpoena compelling a witness to appear in court often ends with the archaic threat "Fail not, at your peril"; the "peril" is not described (being arrested and held in contempt of court ) but the formality of the language tends to have a stronger effect on the recipient of the subpoena than a simple statement like "We can arrest you if you don't show up". Whereas legal language in the medieval period combined Latin, French, and English to avoid ambiguity. According to Walter Probert, judicial lawyers, roughly starting in

168-513: A "Notice to Appear." The Notice to Appear is a dated document served by a U.S. immigration official (typically U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection ) to a person suspected of entering the United States without inspection, remaining in the United States beyond the terms permitted by a visa , committing certain crimes which result in removability even if in lawful status, or otherwise being present in

224-485: A court summons will be issued as for any other offence. A civil summons is most often accompanied by a complaint. Depending on the type of summons, there is often an option to endorse a summons so that the entity being served may be identified. In the court system in California, for civil unlimited cases in the superior court, a summons will often have these options to endorse: One example of an administrative summons

280-440: A criminal penalty of up to one year in prison or a fine, or both, for failure to obey the summons, except that the person summoned may, to the extent applicable, assert a privilege against self incrimination or other evidentiary privileges, if applicable. In the U.S. immigration court system, a "Notice to Appear" is an administrative summons ordering a respondent to appear before an immigration court for removal proceedings . In

336-475: A field court attendance notice is issued. In the United Kingdom and Hong Kong, law enforcement officials may deal with certain minor offences, such as littering , by issuing a fixed penalty notice , colloquially called an "on-the-spot fine", although legally they are not fines. They allow the recipient to avoid going to court by paying a penalty fixed by statute. If such a notice is ignored or disputed,

392-406: A long period in the international legal community that traditional English language training is not sufficient to meet lawyers’ English language requirements. The main reason for this is that such training generally ignores the ways in which English usage may be modified by the particular demands of legal practice – and by the conventions of legal English as a separate branch of English in itself. As

448-422: A merits hearing date when respondents file an application for relief or express to the immigration judge seeking a specific form of relief not precluded by law. The merits hearing may be a matter of days or perhaps even more than a year later, depending on the type of relief requested and the particular court's docket . However, if the only form of relief from removal available or requested is voluntary departure ,

504-536: A particular monetary amount depending on the offence. The accused person has the right to have the matter heard in a court; if found not guilty the accused person pays nothing other than his legal costs (if any); if found guilty the accused person faces the prospect of a conviction for the offence and/or a substantial increase in the fine up to the maximum. For example, proceeding through a red light could go from A$ 353 up to A$ 2,200 if convicted in NSW . For more serious offences,

560-470: A result, non-native English speaking legal professionals and law students increasingly seek specialist training in legal English, and such training is now provided by law schools, language centres, private firms and podcasts that focus on legal language. The UK TOLES examination was set up to teach legal English to non-native English speakers. The exams focus on the aspects of legal English noted as lacking by lawyers. An annual Global Legal Skills Conference

616-781: A stylistic influence upon English legal language. During the medieval period, lawyers used a mixture of Latin , French and English. To avoid ambiguity, lawyers often offered pairs of words from different languages. Sometimes there was little ambiguity to resolve and the pairs merely gave greater emphasis, becoming a stylistic habit. This is a feature of legal style that continues to the present day. Examples of mixed language doublets are: "breaking and entering" (English/French), "fit and proper" (English/French), "lands and tenements" (English/French), and "will and testament" (English/Latin). Examples of English-only doublets are "let and hindrance" and "have and hold". Modern English vocabulary draws significantly from Germanic languages, French, and Latin,

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672-473: Is being summoned. The process by which a summons is served is called service of process . The form and content of service in the federal courts is governed by Rule 4 of the Federal Rules of Civil Procedure , and the rules of many state courts are similar. The federal summons is usually issued by the clerk of the court. In many states, the summons may be issued by an attorney, but some states use filing as

728-526: Is expected to find (and pay for) an attorney by that time. Immigration decisions may be appealed by either side with the Board of Immigration Appeals . However, the BIA does not generally accept new evidence regarding the original case, but instead, simply aims to determine whether the previous court made an incorrect judgment based on the law or the facts available to it at that time. It is therefore critical that all

784-514: Is found in the tax law of the United States. The Internal Revenue Code authorizes the U.S. Internal Revenue Service (IRS) to issue a summons for a taxpayer—or any person having custody of books of account relating to a business of a taxpayer—to appear before the U.S. Secretary of the Treasury or his delegate (generally, this means the IRS employee who issued the summons) at the time and place named in

840-467: Is issued to the accused person on the spot after an offence has been detected. Or by way of a future court attendance notice (future CAN), which replaced the old court issued summons and is served in person by police or sometimes by mail. In all of these cases, the CAN is filed at the court after it has been served. Historically, in early English law, a summons was called an auxilium curiae , although this term

896-535: Is listed, the respondent may be notified of the court date by mail or in person at a future date. Failure to appear for a removal hearing will result in an in absentia order of removal being entered by the Immigration Judge absent extenuating circumstances for the respondent's failure to appear, such as a serious illness. On the date of the removal hearing, also known as a master hearing or Master Calendar Hearing (sometimes abbreviated as MCH), before

952-417: Is no longer provided on the claim form itself. The CPR is oddly silent about this, but the claimant is generally expected to concurrently serve Form N1C, Notes to defendant on replying to the claim form, which does warn that the defendant must respond within 14 days of service of particulars of claim. In criminal matters, either a requisition, summons or warrant is issued to initiate criminal proceedings. In

1008-525: Is now obsolete. In England and Wales , the various royal writs traditionally used to commence the forms of action were abolished by the Uniformity of Process Act 1832 ( 2 & 3 Will. 4 . c. 39). They were consolidated into a writ of summons , which like its predecessors, was traditionally issued in the name of the monarch . From 1832 to 1980, a writ of summons in England and Wales began with

1064-546: The Attorney General and are part of the Department of Justice . Removal proceedings are prosecuted by attorneys from the Department of Homeland Security ("DHS"), or more specifically, U.S. Immigration and Customs Enforcement . Removal proceedings begin when an immigration attorney files a NTA with the immigration court. The respondent (typically an alien ) is served with an administrative summons called

1120-594: The Republic of Korea , a criminal summons may come from the Korean Prosecution Services or a Court of Law and is a manner to initiate criminal proceedings or call a witness in for questioning. A summons may be served on an individual within Korea or that is abroad. In most U.S. jurisdictions, the service of a summons is in most cases required for the court to have jurisdiction over the party who

1176-647: The claim form by the Civil Procedure Rules 1999 (CPR). This was part of the CPR's reforms to simplify legal terminology; at the same time, the plaintiff was renamed the claimant . Despite its name, the claim form may but is not required to present the details of the claim itself. The statement of claim (which had already replaced the complaint in England and Wales under the Rules of the Supreme Court )

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1232-430: The common law . It replaces the former procedure in common-law countries by which the plaintiff actually had to ask the sheriff to arrest the defendant in order for the court to obtain personal jurisdiction in both criminal and civil actions. A citation , traffic violation ticket , or notice to appear is a type of summons prepared and served at the scene of the occurrence by a law enforcement official, compelling

1288-458: The layman to understand, while several U.S. states expressly require summonses to be drafted in plain English and that they must start with this phrase: "Notice! You have been sued." The summons announces a date by which the person or persons summoned must either appear in court, or respond in writing to the court or the opposing party or parties. The summons is the descendant of the writ of

1344-558: The Australian state of New South Wales (NSW) the service of a court attendance notice can be issued in a number of ways, the most common of which is by the NSW Police Force when charging someone after an arrest is made, a bail court attendance notice (with bail conditions) or regular court attendance notice is issued. Other methods the police use include via a paper form called a field court attendance notice (field CAN) which

1400-535: The Court Office mentioned below the accompanying Acknowledgement of Service stating therein whether you intend to contest these proceedings." This was followed by a paragraph warning of the risk of entry of default judgment . The writ was no longer witnessed by the Lord Chancellor and in lieu of that simply stated which court office had issued the writ. In 1999, the writ of summons was replaced with

1456-453: The United States unlawfully. Among other things, a Notice to Appear contains a numbered list of factual allegations against the respondent. For example, a typical Notice to Appear might state: These factual allegations may also list any crimes allegedly committed by the respondent in the United States, whether the respondent previously filed any applications with United States Citizenship and Immigration Services and their disposition, and if

1512-413: The appearance of a defendant before the local magistrate within a certain period of time to answer for a minor traffic infraction , misdemeanor , or other summary offence . Failure to appear within the allotted period of time is a separate crime of failure to appear . In Australia , minor traffic and some summary offences are known as an infringement notice or a fine and can be dealt with by paying

1568-462: The arguments and facts be presented in the original removal proceeding. BIA appeals are generally handled through paper, with physical hearings very rare. Beyond the BIA, decisions may be appealed in the United States court of appeals for the jurisdiction where the removal proceeding was held. There is more flexibility regarding the sort of evidence that may be presented in these appeals but

1624-512: The court generally focuses on whether the original BIA decision was made correctly based on the information available, rather than re-adjudicating the facts involved. The following are ways people may be removed without removal proceedings: Removal proceedings also should not be confused with Operation Streamline , that involves the use of federal criminal charges being pressed against aliens for unlawful entry. People who are found guilty through Operation Streamline courts generally have to spend

1680-413: The day of the master calendar hearing. The pro bono attorney helps the respondent in the following ways: If the respondent's situation is complicated, the pro bono attorney may request a continuance on the respondent's behalf, so that the respondent can secure an attorney. The pro bono attorney does not typically continue to represent the respondent for the merits hearing. Rather, the respondent

1736-592: The general linguistic register of modern legal English. That use also accounts for some of the complex linguistic structures used in legal writing. In 1362, the Statute of Pleading was enacted, which stated that all legal proceedings should be conducted in English (but recorded in Latin). This marked the beginning of formal Legal English; Law French continued to be used in some forms into the 17th century, although Law French became increasingly degenerate. From 1066, Latin

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1792-557: The immigration judge will most often grant or deny the respondent's request for voluntary departure on the same date of the request. At the merits hearing, also known as the "individual hearing," the respondent will be able to present his or her documentary evidence (which is typically required to be submitted to the court prior to the date of the merits hearing) for the court's consideration. The respondent may also testify in support of his or her application for relief, and may call witnesses. The Department of Homeland Security also questions

1848-455: The immigration judge, the respondent may be represented by an attorney of his or her choosing. However, an attorney will not be provided by the court if the respondent does not secure his or her own counsel. The respondent will be expected to answer the charges against him or her by pleading to the factual allegations and charge of removability contained in the Notice to Appear. Thereafter, if

1904-441: The immigration judge. A respondent with a final order of removal from an immigration judge is susceptible to being arrested and deported from the United States at any time. There are three categories of aliens who appear in removal proceedings: In criminal proceedings, the legal burden of proof always falls on the prosecutor, i.e., the state. However, in removal proceedings, as is the case with other administrative proceedings,

1960-496: The lattermost often by way of French. These vocabularies are used preferentially in different registers, with words of French origin being more formal than those of Germanic origin, and words of Latin origin being more formal than those of French origin. Thus, the extensive use of French and Latin words in Legal English results in a relatively formal style. Further, legal English is useful for its dramatic effect: for example,

2016-407: The legal burden of proof may fall on either side depending on the specifics of the charges. Specifically: Regardless of the category, if the alien is claiming any relief from removal (such as asylum or cancellation of removal ) the legal burden of proof for demonstrating eligibility for that relief falls on the alien. For criminal proceedings in the United States (and in most other countries),

2072-459: The means to commence an action and in those states, the attorney must first file the summons in duplicate before it becomes effective. One or more copies are stamped by the court clerk with the court seal and returned to the attorney, who then uses it to actually serve the defendants. Other jurisdictions may only require that the summons be filed after it is served on the defendants. New York is distinguished by its permissive filing system, in which

2128-417: The monarch was too intimidating for ordinary laypeople. Therefore, as of 1992, a writ of summons simply gave notice, in lieu of the traditional royal command: "This Writ of Summons has been issued against you by the above-named Plaintiff in respect of the claim set out on the back. Within 14 days after the service of this Writ upon you, counting the day of service, you must either satisfy the claim or return to

2184-461: The name of the court, case number, the word "Between", and the names of the parties to the case. This was followed by the name and full title of the current monarch, the word "To:", the defendant's name and their city of residence, and then the royal command, starting with the royal we : "WE COMMAND YOU that within 14 days after service of this Writ on you, inclusive of the date of service, you do cause an appearance to be entered for you in an action at

2240-613: The passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), deportation proceedings were used to determine whether a person could be deported from the United States. When IIRIRA took effect in 1997, deportation proceedings were replaced by removal proceedings, though any cases begun before IIRIRA's effective date continue to be processed as deportation proceeding. Persons in removal proceedings are called "respondents." Cases are decided by immigration judges , who are appointed by

2296-571: The preserve of lawyers from English-speaking countries (especially the U.S., the UK , Ireland, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of international business , as well as its role as a legal language within the European Union , Legal English is now a global phenomenon . In prehistoric Britain , traditional common law

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2352-399: The respondent and witnesses, and DHS may also call its own witnesses in some cases. At the conclusion of the merits hearing, the immigration judge issues a decision. This decision might be oral and given on the same day as the merits hearing, or written and served by mail on all parties at a later date. If a respondent's application for relief from removal is denied by an immigration judge,

2408-448: The respondent is eligible to apply for any relief from removal (such as asylum or cancellation of removal , among others), the respondent may request such relief and file any applications required for the relief. If the respondent is not eligible for any form of relief or if the respondent refuses to request relief from removal, the immigration judge may order the respondent removed from the United States. The immigration judge will set

2464-413: The respondent may be eligible to appeal that decision to the Board of Immigration Appeals ("BIA") within 30 days of the date of the decision. If appealed, the respondent's removal proceedings continue at the appellate level at the BIA. If no appeal is filed and the immigration judge has ordered a respondent to be removed, the order removing the respondent becomes final 30 days after it has been entered by

2520-477: The respondent presently holds or previously held any lawful status. The Notice to Appear also contains a charge of removability, which is often a reference to which section of the Immigration and Nationality Act that DHS is attempting to use to remove the respondent. The Notice to Appear may or may not contain a court date for the respondent to appear and answer the charges contained therein. If no court date

2576-439: The state has a responsibility to provide a public defender for the accused. However, removal proceedings are not criminal proceedings, and the state does not provide a public defender or compensate the respondent for the costs of an attorney. Respondents are allowed to defend themselves without the help of an attorney. However, most immigration courts have set up programs where pro bono (free, volunteer) attorneys are available on

2632-533: The suit of [plaintiff's name] and take notice that in default of you so doing the Plaintiff may proceed therein, and judgment may be given in your absence". Next came the word "Witness," then the name and title of the Lord Chancellor , and the date on which the writ was issued. The traditional writ language was changed in 1980 at the insistence of Lord Chancellor Hailsham , who felt that a command from

2688-611: The summons or complaint need not be filed at all. [REDACTED]  This article incorporates public domain material from websites or documents of the Government Publishing Office . Legal English Legal English , also known as legalese , is a register of English used in legal writing . It differs from day-to-day spoken English in a variety of ways including the use of specialized vocabulary, syntactic constructions, and set phrases such as legal doublets . Legal English has traditionally been

2744-413: The summons. The person summoned may be required to produce books, papers, records, or other data, and to give testimony under oath before an IRS employee. The IRS is also empowered to issue the section 7602 summons for the purpose of "inquiring into any offense connected with the administration or enforcement of the internal revenue laws". The summons may be enforced by a court order, and the law provides

2800-414: The twentieth century, often manipulate the language to be more persuasive of their campaign ideals. As noted above, legal English differs greatly from standard English in a number of ways. The most important of these differences are as follows: Because of the prevalence of the English language in international business relations, as well as, its role as a legal language globally, a feeling has existed for

2856-633: Was also established as a forum for professors of Legal English and other skills professionals to exchange information on teaching methods and materials. Removal proceedings In the United States , removal proceedings are administrative proceedings to determine an individual's removability under federal immigration law . Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review ) by an immigration judge (IJ). Prior to

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2912-755: Was discussed in the Germanic vernacular ( Old English ), and written in Old English since circa 600, beginning with the Law of Æthelberht . Following the Norman invasion of England in 1066 , Anglo-Norman French became the official language of legal proceedings in England for a period of nearly 300 years until the Pleading in English Act 1362 (and continued in minor use for another 300 years), while Medieval Latin

2968-593: Was discussed in the vernacular (see Celtic law ). The legal language and legal tradition changed with waves of conquerors over the following centuries. Roman Britain (after the conquest beginning in AD 43) followed Roman legal tradition, and its legal language was Latin. Following the Roman departure from Britain circa 410 and the Anglo-Saxon invasion of Britain , the dominant tradition was instead Anglo-Saxon law , which

3024-411: Was replaced by another document known as particulars of claim . The claim form (Form N1) has space for "brief details of claim" on the first page, and then on the third page, the claimant can either provide particulars of claim or indicate by tick box that they are "to follow" (that is, as a separate document). Unlike the traditional writ of summons, the notice to the defendant about when to respond

3080-683: Was the language of formal records and statutes , and was replaced by English in the Proceedings in Courts of Justice Act 1730 . However, because only the highly-educated were fluent in Latin, it never became the language of legal pleading or debate. The influence of Latin can be seen in a number of words and phrases such as ad hoc , de facto , de jure , bona fide , inter alia , and ultra vires , which remain in current use in legal writing (see Legal Latin ). In 2004, David Crystal proposed

3136-434: Was used for written records for over 650 years. Some English technical terms were retained, however (see Anglo-Saxon law: Language and dialect for details). In legal pleadings, Anglo-Norman developed into Law French , from which many words in modern legal English are derived. These include property , estate , chattel , lease , executor , and tenant . The use of Law French during this period had an enduring influence on

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