Bill Of Middlesex
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Bill Of Middlesex
The Bill of Middlesex was a legal fiction used by the Court of King's Bench (England), Court of King's Bench to gain jurisdiction over cases traditionally in the remit of the Court of Common Pleas (England), Court of Common Pleas. Hinging on the King's Bench's remaining criminal jurisdiction over the county of Middlesex, the Bill allowed it to take cases traditionally in the remit of other common law courts by claiming that the defendant had committed Trespass in English law, trespass in Middlesex. Once the defendant was in custody, the trespass complaint would be quietly dropped and other complaints (such as debt or detinue) would be substituted. The bill was part of a large reform movement to prevent equity (law), equitable courts such as the Court of Chancery from undermining their business. It was far cheaper and faster than the older equivalents used by the Chancery and Common Pleas, leading to a drop in their business and an increase in that of the King's Bench. As such, th ...
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Court Of King's Bench
The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court court of common law in the English legal system until 1875 * Court of King's Bench (Ireland), a historic senior court of common law in Ireland * King's Bench Division, a division of the High Court of England and Wales that assumed many of the responsibilities of the historic King's Bench in 1875 * Court of King's Bench of Alberta, the superior trial court of the Canadian province of Alberta * Court of King's Bench of Manitoba, the superior trial court of the Canadian province of Manitoba * Court of King's Bench of New Brunswick, the superior trial court of the Canadian province of New Brunswick * Court of King's Bench for Saskatchewan, the superior trial court of the Canadian province of Saskatchewan * Court of King's Bench of Quebec, a historical trial co ...
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Francis Gawdy
Sir Francis Gawdy (died 15 December 1605) was an English judge. He was a Justice of the King's Bench, and Chief Justice of the Common Pleas. His country seat and estates were in Norfolk. Career Family and name Francis Gawdy was the third son of Thomas Gawdy, and was baptised Thomas Gawdy, as were his two elder half-brothers,D. Ibbetson, 'Gawdy, Sir Francis (d. 1605)', ''Oxford Dictionary of National Biography'' (Oxford University Press 2004)subscription required for online access Thomas Gawdy (d.1556) and Thomas Gawdy (d.1588). Francis then had his name changed at his Confirmation, establishing legal precedent that a name given at baptism could be changed at confirmation. Legal education and progress He may have studied at Trinity Hall, Cambridge, matriculating in 1545, but this record might rather be attributable to Francis's half-brother, the Thomas Gawdy who died in 1588. He was called to the bar at Inner Temple in 1549, becoming a bencher in 1558 and treasurer in 1571. He ...
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Edmund Anderson (judge)
Sir Edmund Anderson (15301 August 1605), Chief Justice of the Common Pleas under Elizabeth I of England, Elizabeth I, sat as judge at the trial of Mary, Queen of Scots. Life The Anderson family originated in Scotland and then came to Northumberland. They settled in Lincolnshire in the 14th century and became a prominent family there. Sir Edmund Anderson, son of Edward Anderson, was born in Flixborough in Lincolnshire c. 1530. He received the first part of his education in the country and then spent a brief period at Lincoln College, Oxford, before entering the Inner Temple in June 1550. He is recorded to have matriculated at St John's College, Cambridge, in 1549. In 1577, Anderson was created Serjeant-at-Law and in 1578 he was appointed Queen's Sergeant. In 1581 he was appointed Justice of Assize on the Norfolk circuit and tried Edmund Campion and others for high treason in November 1581, securing an unexpected conviction. This set the pattern for the rest of his career: as a jud ...
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John Popham (Lord Chief Justice)
Sir John Popham (1531 – 10 June 1607) of Wellington, Somerset, was Speaker of the House of Commons (1580 to 1583), Attorney General (1581 to 1592) and Lord Chief Justice of England (1592 to 1607). Origins Popham was born in 1531 at Huntworth in the parish of North Petherton, near Bridgwater, in Somerset, the second son of Alexander Popham (c. 1504 – 1556) of Huntworth, twice MP for Bridgwater in 1545 and 1547, by his wife Jane Stradling, a daughter of Sir Edward Stradling (died 1535) of St Donat's Castle, Glamorgan; one of Jane's brothers is Thomas Stradling. St Donat's Castle situated on the south coast of Glamorgan was a short sail across the Bristol Channel into the inland port of Bridgwater on the River Parret. The Popham family had held the manor of Huntworth since the 13th century when Sir Hugh de Popham (tempore Edward I) (a younger son of the Popham family of the manor of Popham, Hampshire) married Joan de Kentisbury, daughter and heiress of Sir Stephen de Kent ...
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Chief Justice Of The King's Bench
Chief may refer to: Title or rank Military and law enforcement * Chief master sergeant, the ninth, and highest, enlisted rank in the U.S. Air Force and U.S. Space Force * Chief of police, the head of a police department * Chief of the boat, the senior enlisted sailor on a U.S. Navy submarine * Chief petty officer, a non-commissioned officer or equivalent in many navies * Chief warrant officer, a military rank Other titles * Chief of the Name, head of a family or clan * Chief mate, or Chief officer, the highest senior officer in the deck department on a merchant vessel * Chief of staff, the leader of a complex organization * Fire chief, top rank in a fire department * Scottish clan chief, the head of a Scottish clan * Tribal chief, a leader of a tribal form of government * Chief, IRS-CI, the head and chief executive of U.S. Internal Revenue Service, Criminal Investigation Places * Chief Mountain, Montana, United States * Stawamus Chief or the Chief, a granite dome in ...
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Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordina ...
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Assumpsit
Assumpsit ("he has undertaken", from Latin, ''assumere''), or more fully, action in assumpsit, was a form of action at common law used to enforce what are now called obligations arising in tort and contract; and in some common law jurisdictions, unjust enrichment. The origins of the action can be traced to the 14th century, when litigants seeking justice in the royal courts turned from the writs of covenant and debt to the trespass on the case. History Fragmentation of actions for breach of agreement In the early days of the English common law, agreements were enforced in local courts. Where one wished to enforce an agreement in the royal courts, it was necessary to fit one's claim within a form of action. In the 13th and 14th centuries the forms of action for the enforcement of agreements were covenant, debt, detinue, and account. These were all writs in the ''praecipe'' form, meaning that they commanded the defendant to perform an act: for example, to keep a promise; to yiel ...
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James I Of England
James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and King of Ireland, Ireland as James I from the Union of the Crowns, union of the Scottish and English crowns on 24 March 1603 until his death in 1625. The kingdoms of Kingdom of Scotland, Scotland and Kingdom of England, England were individual sovereign states, with their own parliaments, judiciaries, and laws, though both were ruled by James in personal union. James was the son of Mary, Queen of Scots, and a great-great-grandson of Henry VII of England, Henry VII, King of England and Lord of Ireland, and thus a potential successor to all three thrones. He succeeded to the Scottish throne at the age of thirteen months, after his mother was compelled to abdicate in his favour. Four different regents governed during his minority, which ended officially in 1578, though he did not gain full control of his government until 1583. In 1603, ...
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Common Pleas
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one another without involving the King. List * Court of Common Pleas at Westminster * Court of Common Pleas (Ireland) * Court of Common Pleas of the County Palatine of Durham * Court of Common Pleas of the County Palatine of Lancaster * Delaware Court of Common Pleas * New York Court of Common Pleas * New Jersey Court of Common Pleas * Ohio Courts of Common Pleas * Pennsylvania Courts of Common Pleas In Pennsylvania, the courts of common pleas are the trial courts of the Unified Judicial System of Pennsylvania (the State court (United States), state court system). The courts of common pleas are the trial courts of general jurisdiction in the ... * South Carolina Court of Common Pleas {{SIA ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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Guy Fairfax
Sir Guy Fairfax (died 1495), was an English judge. Fairfax was of a Yorkshire family, and third son of Richard Fairfax of Walton, by his wife, Anastasia, daughter of John Carthorpe. He is mentioned in 1421 as seised of the manor of Hameldene, being then very young. From his father he inherited the manor of Steeton in North Yorkshire, where he built a castle. At first he seems to have been occupied with purely local business. He was in the commission of array for the West Riding in 1435, and in 1460 was commissioned to inquire what lands there were in that riding belonging to Richard, duke of York, who had been attainted in the previous parliament. One of his colleagues was Sir William Plumpton, whose counsel he afterwards was in 1469. He first appears in the year-books in Michaelmas 1463 as a serjeant and member of Gray's Inn. On 28 April 1468 he was appointed King's serjeant, and in 1476 became Recorder of York. He was raised to a judgeship of the King's bench and is first me ...
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