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Ecclesiastical Court
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than before the development of nation states. They were experts in interpreting canon law, a basis of which was the ''Corpus Juris Civilis'' of Justinian, which is considered the source of the civil law legal tradition. Catholic Church The tribunals of the Catholic Church are governed by the 1983 Code of Canon Law in the case of the Western Church ( Latin Church), and the Code of Canons of the Eastern Churches in the case of the Eastern Catholic Churches (Byzantine, Ukrainian, Maronite, Melkite, etc.). Both systems of canon law underwent general revisions in the late 20th century, resulting in the new code for the Latin Church in 1983, and the compilation for the first time of the Eastern Code in 1990. First instance Cases normally originate ...
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Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority give ...
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Judicial Vicar
In the Roman Catholic Church, a judicial vicar or episcopal official ( la, links=no, officialis) is an officer of the diocese who has ordinary power to judge cases in the diocesan ecclesiastical court. Although the diocesan bishop can reserve certain cases to himself, the judicial vicar and the diocesan bishop are a single tribunal, which means that decisions of the judicial vicar cannot be appealed to the diocesan bishop but must instead be appealed to the appellate tribunal. The judicial vicar (or ) ought to be someone other than the vicar general, unless the smallness of the diocese or the limited number of cases suggest otherwise. Other judges, who may be priests, deacons, religious brothers or sisters or nuns, or laypersons, and who must have knowledge of canon law and be Catholics in good standing, assist the judicial vicar either by deciding cases on a single judge basis or by forming with him a panel over which he or one of them presides. A judicial vicar may also b ...
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Inquisitorial System
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia (except Hong Kong), Indochina, Thailand, the Philippines, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors or infractions, such as minor traffic ...
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Adversarial System
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems (i.e. those deriving from Roman law or the Napoleonic code) where a judge investigates the case. The adversarial system is the two-sided structure under which criminal trial courts operate, putting the prosecution against the defense. Basic features As an accused is not compelled to give evidence in a criminal adversarial proceeding, they may not be questioned by a prosecutor or judge unless they choose to be; however, should they decide to testify, they are subject to cross-examination and could be found guilty of perjury. As the election to maintain an accused person's right to silence prevents any examinatio ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules s ...
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Ordination
Ordination is the process by which individuals are consecrated, that is, set apart and elevated from the laity class to the clergy, who are thus then authorized (usually by the denominational hierarchy composed of other clergy) to perform various religious rites and ceremonies. The process and ceremonies of ordination vary by religion and denomination. One who is in preparation for, or who is undergoing the process of ordination is sometimes called an ordinand. The liturgy used at an ordination is sometimes referred to as an ordination. Christianity Roman Catholic, Orthodox, Lutheran and Anglican churches In Roman Catholicism and Orthodoxy, ordination is one of the seven sacraments, variously called holy orders or '' cheirotonia'' (" Laying on of Hands"). Apostolic succession is considered an essential and necessary concept for ordination in the Catholic, Orthodox, High Church Lutheran, Moravian, and Anglican traditions, with the belief that all ordained clergy are ...
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Marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is considered a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding. Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Whom they marry may be influenced by gender, socially determined rules of incest, prescriptive marriage rules, parental choice, and individual desire. In some areas of the world, arrang ...
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Laity
In religious organizations, the laity () consists of all members who are not part of the clergy, usually including any non-ordained members of religious orders, e.g. a nun or a lay brother. In both religious and wider secular usage, a layperson (also layman or laywoman) is a person who is not qualified in a given profession or does not have specific knowledge of a certain subject. The phrase " layman's terms" is used to refer to plain language that is understandable to the everyday person, as opposed to specialised terminology understood only by a professional. Some Christian churches utilise lay preachers, who preach but are not clergy. The Church of Jesus Christ of Latter-day Saints uses the term ''lay priesthood'' to emphasise that its local congregational leaders are unpaid. Terms such as ''lay priest'', ''lay clergy'' and ''lay nun'' were once used in certain Buddhist cultures to indicate ordained persons who continued to live in the wider community instead of retiring t ...
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Episcopal Conference
An episcopal conference, sometimes called a conference of bishops, is an official assembly of the bishops of the Catholic Church in a given territory. Episcopal conferences have long existed as informal entities. The first assembly of bishops to meet regularly, with its own legal structure and ecclesial leadership function, is the Swiss Bishops' Conference, which was founded in 1863. More than forty episcopal conferences existed before the Second Vatican Council. Their status was confirmed by the Second Vatican Council and further defined by Pope Paul VI's 1966 '' motu proprio'', '' Ecclesiae sanctae''. Episcopal conferences are generally defined by geographic borders, often national ones, with all the bishops in a given country belonging to the same conference, although they may also include neighboring countries. Certain authority and tasks are assigned to episcopal conferences, particularly with regard to setting the liturgical norms for the Mass. Episcopal conferences receiv ...
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Licentiate (degree)
A licentiate (abbreviated Lic.) is an academic degree present in many countries, representing different educational levels. It may be similar to a master's degree when issued by pontifical universities and other universities in Europe, Latin America, and Syria. The term is also used for a person who holds this degree. Etymology The term derives from Latin ''licentia'', "freedom" (from Latin ''lic─ôre'', "to be allowed"), which is applied in the phrases ''licentia docendi'' (also ''licentia doctorandi''), meaning "permission to teach", and ''licentia ad practicandum'' (also ''licentia practicandi''), meaning "permission to practice", signifying someone who holds a certificate of competence to practise a profession. History The Gregorian Reform of the Catholic Church led to an increased focus on the liberal arts in episcopal schools during the 11th and 12th centuries, with Pope Gregory VII ordering all bishops to make provisions for the teaching of liberal arts. Chancell ...
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Doctorate
A doctorate (from Latin ''docere'', "to teach"), doctor's degree (from Latin ''doctor'', "teacher"), or doctoral degree is an academic degree awarded by universities and some other educational institutions, derived from the ancient formalism ''licentia docendi'' ("licence to teach"). In most countries, a research degree qualifies the holder to teach at university level in the degree's field or work in a specific profession. There are a number of doctoral degrees; the most common is the Doctor of Philosophy (PhD), awarded in many different fields, ranging from the humanities to scientific disciplines. In the United States and some other countries, there are also some types of technical or professional degrees that include "doctor" in their name and are classified as a doctorate in some of those countries. Professional doctorates historically came about to meet the needs of practitioners in a variety of disciplines. Many universities also award honorary doctorates to individuals de ...
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