Sanctions (law)
Encyclopedia
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law
, or with rules and regulation
s. Criminal sanctions can take the form of serious punishment
, such as corporal
or capital punishment
, incarceration
, or severe fines. Within the civil law
context, sanctions are usually monetary fines, levied against a party to a lawsuit
or his/her attorney, for violating rules of procedure
, or for abusing the judicial process. The most severe sanction in a civil lawsuit is the involuntary dismissal
, with prejudice, of a complaining party's cause of action
, or of the responding party's answer. This has the effect of deciding the entire action against the sanctioned party without recourse, except to the degree that an appeal
or trial de novo
may be allowed because of reversible error
.
As a noun, the term is usually used in the plural, even when it refers to a single event: if a judge
fines a party, it is not said that he or she imposed a sanction, but that he or she imposed sanctions.
A judge may sanction a party during a legal proceeding, by which it is meant that he or she imposes penalties. In the United States federal court system
, certain types of conduct are sanctionable under Rule 11 of the Federal Rules of Civil Procedure
.
Conversely and to some surprisingly, the word may be used to mean "approve of," especially in an official sense. "The law sanctions such behavior" would mean that the behavior spoken of enjoys the specific approval of law.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, or with rules and regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
s. Criminal sanctions can take the form of serious punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
, such as corporal
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
or capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, incarceration
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...
, or severe fines. Within the civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
context, sanctions are usually monetary fines, levied against a party to a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
or his/her attorney, for violating rules of procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
, or for abusing the judicial process. The most severe sanction in a civil lawsuit is the involuntary dismissal
Involuntary dismissal
Involuntary dismissal is the termination of a court case despite the plaintiff's objection.In United States Federal courts, involuntary dismissal is governed by Federal Rules of Civil Procedure Rule 41....
, with prejudice, of a complaining party's cause of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
, or of the responding party's answer. This has the effect of deciding the entire action against the sanctioned party without recourse, except to the degree that an appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
or trial de novo
Trial de novo
In law, the expression trial de novo means a "new trial" by a different tribunal...
may be allowed because of reversible error
Reversible error
In law, a reversible error is an error by the trier of law or the trier of fact or malfeasance by one of the trying attorneys which results in an unfair trial...
.
As a noun, the term is usually used in the plural, even when it refers to a single event: if a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
fines a party, it is not said that he or she imposed a sanction, but that he or she imposed sanctions.
A judge may sanction a party during a legal proceeding, by which it is meant that he or she imposes penalties. In the United States federal court system
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, certain types of conduct are sanctionable under Rule 11 of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
.
Conversely and to some surprisingly, the word may be used to mean "approve of," especially in an official sense. "The law sanctions such behavior" would mean that the behavior spoken of enjoys the specific approval of law.