Difference between revisions of "Sanction"
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==Etymology== | ==Etymology== | ||
Middle French or Latin; Middle French, from [[Latin]] sanction-, sanctio, from sancire to make [[holy]] (see [[sacred]]) | Middle French or Latin; Middle French, from [[Latin]] sanction-, sanctio, from sancire to make [[holy]] (see [[sacred]]) | ||
| − | *Date: [ | + | *Date: [https://www.wikipedia.org/wiki/15th_Century 15th century] |
==Definitions== | ==Definitions== | ||
*1 : a [[formal]] [[decree]]; especially : an ecclesiastical decree | *1 : a [[formal]] [[decree]]; especially : an ecclesiastical decree | ||
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*5 : an [[economic]] or military [[coercive]] measure adopted usually by several nations in concert for forcing a nation violating international [[law]] to desist or yield to [[adjudication]] | *5 : an [[economic]] or military [[coercive]] measure adopted usually by several nations in concert for forcing a nation violating international [[law]] to desist or yield to [[adjudication]] | ||
==Description== | ==Description== | ||
| − | '''Sanctions''' are penalties or other means of enforcement used to provide incentives for [[obedience]] with the [[law]], or with rules and regulations. [[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 [ | + | '''Sanctions''' are penalties or other means of enforcement used to provide incentives for [[obedience]] with the [[law]], or with rules and regulations. [[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 [https://en.wikipedia.org/wiki/Trial_de_novo 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. | 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 [ | + | A [[judge]] may sanction a party during a [[legal]] proceeding, by which it is meant that he or she imposes penalties. In the [https://en.wikipedia.org/wiki/United_States_federal_courts United States federal court system], certain types of conduct are sanctionable under Rule 11 of the [https://en.wikipedia.org/wiki/Federal_Rules_of_Civil_Procedure 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.[ | + | 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.[https://en.wikipedia.org/wiki/Sanctions_%28law%29] |
[[Category: Law]] | [[Category: Law]] | ||
Latest revision as of 02:35, 13 December 2020
Etymology
Middle French or Latin; Middle French, from Latin sanction-, sanctio, from sancire to make holy (see sacred)
- Date: 15th century
Definitions
- b : something that makes an oath binding
- 3 : the detriment, loss of reward, or coercive intervention annexed to a violation of a law as a means of enforcing the law
- 4 a : a consideration, principle, or influence (as of conscience) that impels to moral action or determines moral judgment
- b : a mechanism of social control for enforcing a society's standards
- c : explicit or official approval, permission, or ratification : approbation
- 5 : an economic or military coercive measure adopted usually by several nations in concert for forcing a nation violating international law to desist or yield to adjudication
Description
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. 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.[1]
