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Bushel's Case
''Bushel’s Case'' (1670) 124 E.R. 1006, also spelled ''Bushell's Case'', is a famous English decision on the role of juries. It established beyond question the independence of the jury. It also confirmed that the Court of Common Pleas could issue a writ of ''habeas corpus'' in ordinary criminal cases. Background ''Bushel's Case'' arose from a previous case (''R v. Penn and Mead'' or ''Trial of Penn and Mead,'' 6 How. 951) involving two Quakers charged with unlawful assembly, William Penn (the future founder of Pennsylvania) and William Mead. They had been arrested in August 1670 for violating the Conventicle Act, which forbade religious assemblies of more than five people outside the auspices of the Church of England. The jury found the two "guilty of speaking in Gracechurch Street" but refused to add "to an unlawful assembly". The infuriated judge charged the jury that they "shall not be dismissed until we have a verdict that the court will accept". The jury modified the ...
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Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of ...
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Church Of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain by the 3rd century and to the 6th-century Gregorian mission to Kent led by Augustine of Canterbury. The English church renounced papal authority in 1534 when Henry VIII failed to secure a papal annulment of his marriage to Catherine of Aragon. The English Reformation accelerated under Edward VI's regents, before a brief restoration of papal authority under Queen Mary I and King Philip. The Act of Supremacy 1558 renewed the breach, and the Elizabethan Settlement charted a course enabling the English church to describe itself as both Reformed and Catholic. In the earlier phase of the English Reformation there were both Roman Catholic martyrs and radical Protestant martyrs. The later phases saw the Penal Laws punish Ro ...
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Legal History Of England
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdiction ...
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English Criminal Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ...
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1670 In England
Events from the year 1670 in England. Incumbents * Monarch – Charles II * Parliament – Cavalier Events * 21 January – French-born 'gentleman highwayman' Claude Duval is hanged at Tyburn gallows in London and subsequently buried in St Paul's, Covent Garden. * 24 March – John Manners, Lord Roos, obtains a private act of Parliament giving him a divorce from his wife, Anne Manners, Lady Roos, on the grounds of her adultery. * 31 March – warship HMS ''Sapphire'' is wrecked beyond repair when her captain, John Pearce, orders the ship to be run aground at Sicily while fleeing what he believes to be four Algerian pirate ships, rather than attempting to fight. The ships turn out to have been friendly, and Pearce and his lieutenant, Andrew Logan, are court-martialed for their cowardice and executed on 17 September. * 2 May – a royal charter is granted to the Hudson's Bay Company with the jurisdiction to control administration and commerce in Rupert's Land, governed for the c ...
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1670 In Law
Year 167 ( CLXVII) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Aurelius and Quadratus (or, less frequently, year 920 ''Ab urbe condita''). The denomination 167 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Lucius Aurelius Verus Augustus and Marcus Ummidius Quadratus Annianus become Roman Consuls. * The Marcomanni tribe wages war against the Romans at Aquileia. They destroy aqueducts and irrigation conduits. Marcus Aurelius repels the invaders, ending the Pax Romana (Roman Peace) that has kept the Roman Empire free of conflict since the days of Emperor Augustus. * The Vandals (Astingi and Lacringi) and the Sarmatian Iazyges The Iazyges (), singular Ἰάζυξ. were an ancient Sarmatian tribe that traveled westw ...
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Constitution Society
The Constitution Society is a nonprofit educational organization headquartered at San Antonio, Texas, U.S., and founded in 1994 by Jon Roland, an author and computer specialist who has run for public office as a Libertarian Party candidate on a "Constitutionalist Platform". The society publishes online a large selection of works on constitutional history, law, and government. Web site The society’s web site features digital library resources including the online Liberty Library of Constitutional Classics, launched for the purpose of hosting complete, annotated, and cross-linked copies of most of the major works written or read by the American Founders, or by persons whose writings can enable one to understand their writings. As of April 2011, it had an Alexa Traffic Rank of 78,617, with 2943 links in. It also has documents from other countries. The ideological orientation of the site ranges from libertarian to militia support. According to a 2010 Southern Poverty Law Center rep ...
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Jury Nullification
Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses. Nullification is not an official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists: # Jurors cannot be punished for passing an incorrect verdict. # A defendant who is acquitted can, in many jurisdictions, not be tried a second time for the same offence. A jury verdict that is contrary t ...
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Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To recov ...
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William Penn & William Mead - Plaque - 01
William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the given name ''Wilhelm'' (cf. Proto-Germanic ᚹᛁᛚᛃᚨᚺᛖᛚᛗᚨᛉ, ''*Wiljahelmaz'' > German ''Wilhelm'' and Old Norse ᚢᛁᛚᛋᛅᚼᛅᛚᛘᛅᛋ, ''Vilhjálmr''). By regular sound changes, the native, inherited English form of the name should b ...
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Magna Carta
(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood behind their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War. After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of the war in 1217, it formed part of the pe ...
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Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ...
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