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Any legal action
- (law) Any legal action, especially one that is not a lawsuit.
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1. : legal action. a divorce proceeding. 2. : procedure. 3. proceedings plural : events, happenings. 4. : transaction. 5. proceedings plural : an official record of things said or done. Synonyms. action. lawsuit. suit. See all Synonyms & Antonyms in Thesaurus. Examples of proceeding in a Sentence.
- Overview
- Origins and development
- Rules of parliamentary procedure
parliamentary procedure, the generally accepted rules, precedents, and practices commonly employed in the governance of deliberative assemblies. Such rules are intended to maintain decorum, to ascertain the will of the majority, to preserve the rights of the minority, and to facilitate the orderly transaction of the business of an assembly.
Rules of order originated in the early British Parliaments. In the 1560s Sir Thomas Smith wrote an early formal statement of procedures in the House of Commons, which was published in 1583. Lex Parliamentaria (1689; “Parliamentary Law”) was a pocket manual for members of Parliament and included many precedents that are now familiar. Drawing from the Journal of the House of Commons, it included points such as the following:
•1. One subject should be discussed at a time (adopted 1581).
•2. The chair must always call for the negative vote (1604).
•3. Personal attacks and indecorous behaviour are to be avoided in debate (1604): “He that digresseth from the Matter to fall upon the Person ought to be suppressed by the Speaker.…No reviling or nipping words must be used.”
•4. Debate must be limited to the merits of the question (1610): “A member speaking, and his speech, seeming impertinent, and there being much hissing and spitting, it was conceived for a Rule, that Mr. Speaker may stay impertinent speeches.”
Depending heavily on procedures developed in the British Parliament, colonists in America governed under written charters and grants, an experience that influenced the framing of state constitutions and the Constitution of the United States (1787). The first work to interpret and define parliamentary principles for the new American government was A Manual of Parliamentary Practice (1801), written by Thomas Jefferson, the third president of the United States.
According to Robert’s Rules, a “deliberative assembly,” to which parliamentary law is ordinarily applied, has the following characteristics: it is an independent or autonomous group convened to determine actions of the group in free discussion; its size is sufficiently large that formal proceedings are necessary; its members are free to act, and each member’s vote has equal weight; failure to agree “does not constitute withdrawal from the body”; and members who are present act for the entire membership “subject only to such limitations as may be established by the body’s governing rules.”
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The will of such a deliberative assembly is expressed by its action on proposals submitted for consideration in the form of motions or resolutions offered by members. In order to make a motion, a member ordinarily must rise and address the chair and secure recognition. If the motion is considered in order and is seconded by another member, it is “stated” by the presiding officer and then is subject to the action of the assembly.
Motions may be classified as main motions, which introduce a proposition, or as secondary motions, which are designed to affect the main motion or its consideration. A main motion is in order only when there is no other business before an assembly. It yields in precedence to all other questions.
Secondary motions may be subdivided into (1) subsidiary, (2) incidental, and (3) privileged. Subsidiary motions are applicable to other motions for the purpose of modifying the main question or affecting its consideration and disposition. The subsidiary motion to lay on the table is, in American usage, a motion to suspend consideration of the question until such time as the assembly may determine to take it from the table for further consideration. The motion is not debatable and may not be amended, postponed, committed, divided, or reconsidered. The purpose of the motion for the previous question is to close debate peremptorily and bring the assembly to an immediate vote on the pending question. It precludes both debate and amendment and requires a two-thirds vote for passage under general parliamentary procedure. The motions to commit, recommit, and refer are practically equivalent.
- The Editors of Encyclopaedia Britannica
Feb 2, 2024 · Impeachment is the process of bringing charges against a government official for wrongdoing. A trial may be held, and the official may be removed from office. The impeachment process. The Constitution gives Congress the power to impeach federal officials. An official can be impeached for treason, bribery, and “other high crimes and misdemeanors.”
- The impeachment processThe Constitution gives Congress the power to impeach federal officials. An official can be impeached for treason, bribery, and “other high crimes a...
- Past impeachments of federal officialsThe House has initiated impeachment proceedings more than 60 times. But there have been only 21 impeachments. This includes three presidents, one c...
- Impeachment of state and local officialsA state legislature can impeach its governor and other state officials. Many local governments also have impeachment procedures. Find your state le...
Legal proceedings are generally characterized by an orderly process in which participants or their representatives are able to present evidence in support of their claims, and to argue in favor of particular interpretations of the law, after which a judge, jury, or other trier of fact makes a determination of the factual and legal issues. [2]
The Due Process Clause of the Fourteenth Amendment provides that no state shall deprive any person of life, liberty, or property, without due process of law. 1.
Proceedings means all proceedings, actions, claims, suits, investigations and inquiries by or before any arbitrator or Governmental Entity.
Due process under the Fifth and Fourteenth Amendment s can be broken down into two categories: procedural due process and substantive due process. Procedural due process, based on principles of “fundamental fairness,” addresses which legal procedures are required to be followed in state proceedings.
