Henry Finch (died 1625)
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Henry Finch (died 1625)
Sir Henry Finch (died 1625) was an English lawyer and politician, created serjeant-at-law and knighted, and remembered as a legal writer. Life He was born the son of Sir Thomas Finch of Eastwell and Catherine Moyle, daughter of Sir Thomas Moyle and the brother of Moyle Finch. He was educated at Christ's College, Cambridge, under Laurence Chaderton, graduating BA, and was admitted of Gray's Inn in 1577, and called to the bar there in 1585. In February 1593 he was elected to parliament for Canterbury, and he retained the seat at the election of 1597. He became an ancient of his inn in 1593, and the same year was appointed counsel to the Cinque ports. He was reader at his inn in the autumn of 1604. In 1613 he was appointed recorder of Sandwich, on 11 June 1616 he was called to the degree of serjeant-at-law, and nine days later he was knighted at Whitehall Palace. At this time he was engaged, in conjunction with Francis Bacon, William Noy, and others, in an abortive attempt to cod ...
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Serjeant-at-law
A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France before the Norman Conquest, thus the Serjeants are said to be the oldest formally created order in England. The order rose during the 16th century as a small, elite group of lawyers who took much of the work in the central common law courts. With the creation of Queen's Counsel (or "Queen's Counsel Extraordinary") during the reign of Elizabeth I, the order gradually began to decline, with each monarch opting to create more King's or Queen's Counsel. The Serjeants' exclusive jurisdictions were ended during the 19th century and, with the Judicature Act 1873 coming into force in 1875, it was felt that there was no need to have such figures, and no more were created. The ...
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Jews
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The people of the Kingdom of Israel and the ethnic and religious group known as the Jewish people that descended from them have been subjected to a number of forced migrations in their history" and Hebrews of historical History of ancient Israel and Judah, Israel and Judah. Jewish ethnicity, nationhood, and religion are strongly interrelated, "Historically, the religious and ethnic dimensions of Jewish identity have been closely interwoven. In fact, so closely bound are they, that the traditional Jewish lexicon hardly distinguishes between the two concepts. Jewish religious practice, by definition, was observed exclusively by the Jewish people, and notions of Jewish peoplehood, nation, and community were suffused with faith in the Jewish God, ...
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Commentaries On The Laws Of England
The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. The ''Commentaries'' were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The ''Commentaries'' were influential largely because they were in fact readable, and because they met a need. The ''Commentaries'' are often quoted as the definitive ...
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William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a barris ...
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Danby Pickering
Danby Pickering ( fl. 1769) was an English legal writer. Biography Born circa 1716 (christened 17 March that year),Parish records the son of Danby Pickering of Hatton Garden, Middlesex by his wife Mary (née Horson), Pickering was admitted, on 28 June 1737, a student at Gray's Inn, where he was called to the bar on 8 May 1741. He married Ann Walter or Walten on 12 July 1736, and died on 24 March 1781. Works Pickering re-edited the original four volumes of ''Modern Reports'' (1682–1703), with the supplements of 1711, 1713, and 1716, under the title ''Modern Reports, or Select Cases adjudged in the Courts of King's Bench, Chancery, Common Pleas, and Exchequer, since the Restoration of His Majesty King Charles II to the Fourth of Queen Anne'', London, 1757. He also edited Sir Henry Finch's ''Law, or a Discourse thereof in Four Books'', London, 1759. His major work was an abridgment of the ''Statute Book The Statute Book is "the surviving body of enacted legislation published ...
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Special Jurisdiction
Limited jurisdiction, or special jurisdiction, is the court's jurisdiction only on certain types of cases such as bankruptcy, and family matters. Courts of limited jurisdiction, as opposed to general jurisdiction, derive power from an issuing authority, such as a constitution or a statute. Special jurisdiction courts must demonstrate that they are authorized to exert jurisdiction under their issuing authority. In contrast, general jurisdiction courts need only to demonstrate that they may assert in personal jurisdiction over a party. Differences Sometimes the term "special courts" is used to refer to courts of limited jurisdiction: "Special courts" has unfortunate connotations, however, because the designation is often given by totalitarian governments to tribunals set up to persecute government opponents or otherwise help commit human rights abuses. That is a different kind of justice: not because it does not confer upon courts the power to hear only certain types of cases; but a ...
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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 so ...
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Positive Law
Positive laws ( la, links=no, ius positum) are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of positive law is distinct from "natural law", which comprises inherent rights, conferred not by act of legislation but by "God, nature, or reason." Positive law is also described as the law that applies at a certain time (present or past) and at a certain place, consisting of statutory law, and case law as far as it is binding. More specifically, positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society." ''Lex humana'' versus ''lex posita'' Thomas Aquinas conflated man-made law () and positive law ( or ). However, there is a subtle distinction between them. Whereas human-made law regards law from the position of its orig ...
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Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ...
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David Seipp
David (; , "beloved one") (traditional spelling), , ''Dāwūd''; grc-koi, Δαυΐδ, Dauíd; la, Davidus, David; gez , ዳዊት, ''Dawit''; xcl, Դաւիթ, ''Dawitʿ''; cu, Давíдъ, ''Davidŭ''; possibly meaning "beloved one". was, according to the Hebrew Bible, the third king of the United Kingdom of Israel. In the Books of Samuel, he is described as a young shepherd and harpist who gains fame by slaying Goliath, a champion of the Philistines, in southern Canaan. David becomes a favourite of Saul, the first king of Israel; he also forges a notably close friendship with Jonathan, a son of Saul. However, under the paranoia that David is seeking to usurp the throne, Saul attempts to kill David, forcing the latter to go into hiding and effectively operate as a fugitive for several years. After Saul and Jonathan are both killed in battle against the Philistines, a 30-year-old David is anointed king over all of Israel and Judah. Following his rise to power, Davi ...
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Ramist
Ramism was a collection of theories on rhetoric, logic, and pedagogy based on the teachings of Petrus Ramus, a French academic, philosopher, and Huguenot convert, who was murdered during the St. Bartholomew's Day massacre in August 1572. According to British historian Jonathan Israel: " amism despite its crudity, enjoyed vast popularity in late sixteenth-century Europe, and at the outset of the seventeenth, providing as it did a method of systematizing all branches of knowledge, emphasizing the relevance of theory to practical applications .. Development Ramus was a cleric and professor of philosophy who gained notoriety first by his criticism of Aristotle and then by conversion to Protestantism. He was killed in the St Bartholomew's Day Massacre of 1572, and a biography by Banosius (Théophile de Banos) appeared by 1576. His status as Huguenot martyr certainly had something to do with the early dissemination of his ideas. His ideas had influence in some (but not all) parts ...
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Law French
Law French ( nrf, Louai Français, enm, Lawe Frensch) is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman conquest of England in 1066. Its use continued for several centuries in the courts of England and Wales and Ireland. Although Law French as a narrative legal language is obsolete, many individual Law French terms continue to be used by lawyers and judges in common law jurisdictions (see the section "Survivals in modern legal terminology", below). History The earliest known documents in which ''French'' (i.e. Anglo-Norman) is used for discourse on English law date from the third quarter of the thirteenth century and include two particular documents. The first is '' The Provisions of Oxford'' (1258), consisting of the terms of oaths sworn by the 24 magnates appointed to rectify abuses in the administration of King H ...
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