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Coram Non Judice
''Coram non judice'', Latin for "not before a judge", is a legal term typically used to indicate a legal proceeding that is outside the presence of a judge (or in the presence of a person who is not a judge), with improper venue, or without jurisdiction. Any indictment or sentence passed by a court which has no authority to try an accused of that offence, is clearly in violation of the law and would be ''coram non judice'' and a nullity. The exception ''non sui juris'', "not of one's own right", is available at any time, including after judgment (Bracton). The "coram" part of the term means "in the presence of". References See also *Coram nobis *Sub judice In law, ''sub judice'', Latin for "under a judge", means that a particular case or matter is under trial or being considered by a judge or court. The term may be used synonymously with "the present case" or "the case at bar" by some lawyers. I ... Latin legal terminology {{Latin-legal-phrase-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Term
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Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Venue (law)
In law, the venue is the location where a case is heard. United States Criminal venue The perceived abuse of English criminal venue law was one of the enumerated grievances in the United States Declaration of Independence, which accused George III of the United Kingdom of "transporting us beyond Seas to be tried for pretended offenses."U.S. Declaration of Independence. Article Three of the United States Constitution provides: "Trial of all Crimes . . . shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed." The "where the said Crimes shall have been committed" language refers to the locus delicti, and a single crime may often give rise to several constitutionally permissible venues. " e ''locus delicti'' must be determined from the nature of the crime alleged and the location of the act or acts constituting it." Thus, venue may be cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coram Nobis
A writ of ''coram nobis'' (also writ of error ''coram nobis'', writ of ''coram vobis'', or writ of error ''coram vobis'') is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment's proceedings and that would have prevented the judgment from being pronounced. ''Google Scholar'' The term ''coram nobis'' is Latin for "before us" (''i.e.'', the king) and the meaning of its full form, , is "which hingsremain in our presence". The writ of ''coram nobis'' originated in the courts of common law in the English legal system during the sixteenth century. The writ of ''coram nobis'' still exists today in a few courts in the United States. In 1907, the writ became obsolete in England and replaced by other means of correcting errors; however, the writ survives in the United States in various forms in the federal courts, in the courts of sixteen states, and the District of Columbia court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sub Judice
In law, ''sub judice'', Latin for "under a judge", means that a particular case or matter is under trial or being considered by a judge or court. The term may be used synonymously with "the present case" or "the case at bar" by some lawyers. In England and Wales, Ireland, New Zealand, Australia, South Africa, Bangladesh, India, Pakistan, Canada, Sri Lanka, and Israel it is generally considered inappropriate to comment publicly on cases ''sub judice'', which can be an offence in itself, leading to contempt of court proceedings. This is particularly true in criminal cases, where publicly discussing cases ''sub judice'' may constitute interference with due process. Prior to 1981, the term was correctly used in English law to describe material which would prejudice court proceedings by publication. ''Sub judice'' is now irrelevant to journalists because of the introduction of the Contempt of Court Act 1981. Under Section 2 of the Act, a substantial risk of serious prejudice can o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
