Court Of Common Pleas Of The County Palatine Of Lancaster
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Court Of Common Pleas Of The County Palatine Of Lancaster
The Court of Common Pleas of the County Palatine of Lancaster, sometimes called the Common Pleas of or at Lancaster was a court of common pleas that exercised jurisdiction within the County Palatine of Lancaster until its jurisdiction was transferred to the High Court by the Supreme Court of Judicature Act 1873. It was a Superior Court of Record, exercising, within the limits of the County Palatine, a jurisdiction similar to that of the superior courts of common law at Westminster. Judges The Judges of this Court were formerly limited to two in number, being always the two judges of the courts at Westminster who had chosen the Northern Circuit; but by section 24 of the statute 4 and 5 Will 4 c 62, the King was empowered "in right of his duchy and county palatine of Lancaster, from time to time to nominate and appoint all or any of the judges of the superior courts at Westminster, to be judges of this court: provided nevertheless, that the judges before whom the assizes for this co ...
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Court Of 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 system). The courts of common pleas are the trial courts of general jurisdiction in the state. The name derives fro ... * South Carolina Court of Common Pleas {{SIA ...
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Tried At Bar
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type of d ...
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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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Chancellor Of The Duchy Of Lancaster
The chancellor of the Duchy of Lancaster is a ministerial office in the Government of the United Kingdom. The position is the second highest ranking minister in the Cabinet Office, immediately after the Prime Minister, and senior to the Minister for the Cabinet Office. The role includes as part of its duties the administration of the estates and rents of the Duchy of Lancaster. Formally, the chancellor of the Duchy of Lancaster is appointed by the Sovereign on the advice of the prime minister, and is answerable to Parliament for the governance of the Duchy. In modern times, however, the involvement of the chancellor in the running of the day-to-day affairs of the Duchy is slight, and the office is held by a senior politician whose main role is usually quite different. In practical terms, it is a sinecure, allowing the prime minister to appoint an additional minister without portfolio to the Cabinet of the United Kingdom. In September 2021 the role was endowed with responsibilit ...
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Preston, Lancashire
Preston () is a city on the north bank of the River Ribble in Lancashire, England. The city is the administrative centre of the county of Lancashire and the wider City of Preston local government district. Preston and its surrounding district obtained city status in 2002, becoming England's 50th city in the 50th year of Queen Elizabeth II's reign. Preston has a population of 114,300, the City of Preston district 132,000 and the Preston Built-up Area 313,322. The Preston Travel To Work Area, in 2011, had a population of 420,661, compared with 354,000 in the previous census. Preston and its surrounding area have provided evidence of ancient Roman activity, largely in the form of a Roman road that led to a camp at Walton-le-Dale. The Angles established Preston; its name is derived from the Old English meaning "priest's settlement" and in the ''Domesday Book'' is recorded as "Prestune". In the Middle Ages, Preston was a parish and township in the hundred of Amounderness an ...
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Lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession. Terminology Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically specia ...
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Habeas Corpora
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a w ...
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Venire Facias
In law, ''venire facias'' (Latin for "may you cause to come"), also ''venire facias juratores'', and often shortened to ''venire'', is a writ directing a sheriff to assemble a jury.''Black's Law Dictionary'' (9th ed. 2009), ''venire facias''. Various types are: *''venire facias ad respondendum'' – "a writ requiring a sheriff to summon a person against whom an indictment for a misdemeanor has been issued," now superseded by the use of warrants. *''venire facias de novo'', often shortened to ''venire de novo'' – a writ for summoning a new jury panel, or venire, "because of some impropriety or irregularity in the original jury return or verdict such that a judgment cannot be entered on it." This results in a trial de novo. "In substance, the writ is a motion for a new trial, but when the party objects to the verdict because of a procedural error (and not an error on the merits), the form of motion was traditionally for a venire facias de novo." For example, see the 1817 decisi ...
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Special Juries
A special jury, which is a jury selected from a special roll of persons with a restrictive qualification, could be used for civil or criminal cases, although in criminal cases only for misdemeanours such as seditious libel. The party opting for a special jury was charged a fee, which was 12 guineas just prior to abolition in England. The qualifications to be a special juror in England were governed by the Juries Act 1870, and the main difference between the special jury and a common jury under that Act was merely a matter of wealth; indeed, it was little more than a question of whether a person lived in a larger house, because it was mainly a question of the rateable value of the house. A householder rated at £100 in a large town, or £50 in a small town, was qualified to be a special juror, while a householder rated at £30 in London and Middlesex, and £20 elsewhere, was qualified to be a common juror. There were various other qualifications for a special juror, such as if a man ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Writs Of Error
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time ...
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