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Hoge Raad Van Holland En Zeeland
The Hoge Raad van Holland, Zeeland en West-Friesland (; usually translated in the literature as "High Court of Holland and Zeeland," though "Supreme Court" may better designate its function, and the literal translation is: "High ''Council'' of Holland and Zeeland") was the supreme court of the provinces of Holland and Zeeland in the Dutch Republic in the period 1582-1795. This court is considered a direct predecessor of the current ''Hoge Raad der Nederlanden'' (Supreme Court of the Netherlands). It played an important role in the formation of Roman-Dutch law, which still influences law in Southern Africa, through its jurisprudence. History The Great Council of Mechelen was the final Court of Appeal in the Habsburg Netherlands for all provincial High Courts. When, however, the rebellious provinces of Holland and Zeeland became physically separated from this court due to the difficulties for travellers during the military campaigns of the early Eighty Years' War after 1572, the prac ...
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Cornelius Van Bynkershoek
Cornelis van Bijnkershoek (a.k.a. ''Cornelius van Bynkershoek'') (29 May 1673, in Middelburg – 16 April 1743, in The Hague) was a Dutch jurist and legal theorist who was educated at the University of Franeker. After two years study, he began to apply himself to jurisprudence. He resolved to reform the common law of his country, and took as the basis of a new system the principles of Roman law. He later contributed to the development of international law in works like ''De Dominio Maris Dissertatio'' (1702); ''Observationes Juris Romani'' (1710), of which a continuation in four books appeared in 1733; the treatise ''De foro legatorum'' (1721); and the ''Quaestiones Juris Publici'' (1737).Online copy
Complete editions of his works were published after his death; one in folio at Geneva in 1761, and another in two volumes folio at Leiden ...
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States Of Holland And West Friesland
The States of Holland and West Frisia ( nl, Staten van Holland en West-Friesland) were the representation of the two Estates (''standen'') to the court of the Count of Holland. After the United Provinces were formed — and there no longer was a count, but only his "lieutenant" (the stadtholder) — they continued to function as the government of the County of Holland. The nobility was normally represented by the Land's Advocate of Holland or Grand Pensionary of Holland, who combined the votes of the ten members of the ''Ridderschap'' (the "Knighthood") in the estates; the nobility was also supposed to represent all rural interest, including those of the farmers. The Commons consisted of representatives of eighteen cities, in ancient feudal order: eleven of the Southern Quarter: Dordrecht, Haarlem, Delft, Leyden, Amsterdam, Gouda, Rotterdam, Gorinchem, Schiedam, Schoonhoven and Brill; seven of the Northern West Frisian Quarter: Alkmaar, Hoorn, Enkhuizen, Edam, Monnikenda ...
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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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Trial Court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called ''findings of fact'' are made based on the evidence. The court, presided over by one or more judges, makes ''findings of law'' based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acting as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial. In the ...
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Heerlijkheid
A ''heerlijkheid'' (a Dutch word; pl. ''heerlijkheden''; also called ''heerschap''; Latin: ''Dominium'') was a landed estate that served as the lowest administrative and judicial unit in rural areas in the Dutch-speaking Low Countries before 1800. It originated as a unit of lordship under the feudal system during the Middle Ages. The English equivalents are '' manor'', ''seigniory'' and ''lordship''.. The translation used by J.L. Price in ''Dutch Society 1588-1713'' is "manor"; by David Nicholas in ''Medieval Flanders'' is "seigneury". The German equivalent is ''Herrschaft''. The ''heerlijkheid'' system was the Dutch version of manorialism that prevailed in the Low Countries and was the precursor to the modern municipality system in the Netherlands and Flemish Belgium. Characteristics and types A typical ''heerlijkheid'' manor consisted of a village and the surrounding lands extending out for a kilometre or so. Taking 18th-century Wassenaar as an example of a large ''hoge heerlij ...
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Bailli
A bailiff (french: bailli, ) was the king's administrative representative during the ''ancien régime'' in northern France, where the bailiff was responsible for the application of justice and control of the administration and local finances in his bailiwick ('). Name ''Bailli'' (12th-century French ''bailif'', "administrative official, deputy") was derived from a Vulgar Latin term ''*bajulivus'' meaning "official in charge of a castle", i.e. a royal castellan. History In the late 12th and early 13th century, King Philip II, an able and ingenious administrator who founded the central institutions on which the French monarchy's system of power would be based, prepared the expansion of the royal demesne through his appointment of bailiffs in the king's northern lands (the '' domaine royal''), based on medieval fiscal and tax divisions (the "") which had been used by earlier sovereign princes such as the Duke of Normandy. In Flanders Flanders (, ; Dutch: ''Vlaanderen'' ) ...
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Schepen
A schepen (Dutch; . ') or échevin (French) or Schöffe (German) is a municipal officer in Belgium and formerly the Netherlands. It has been replaced by the ' in the Netherlands (a municipal executive). In modern Belgium, the ''schepen'' or ''échevin'' is part of the municipal government. Depending on the context, it may be roughly translated as an alderman, councillor, or magistrate. Name The Dutch word ''schepen'' comes from the Old Saxon word ''scepino'' 'judge' and is related to German ''Schöffe'' 'lay magistrate'. In early Medieval Latin used in France, it was ''scabinus''. Originally, the word referred to member of a council of "deciders" – literally, "judgment finders" (''oordeelvinders'') – that sat at a mandatory public assembly called a ''ding'' ("thing" in English). Their judgments originally required ratification by a majority of the people present. Later, mandatory attendance (''dingplicht'') and ratification were no longer required. Belgium In Flanders, ...
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Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ...
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Legal Remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a traditional form of judicial remedies that serve ...
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Clerk Of Court
A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witnesses, jurors, and grand jurors as well as performing some quasi-secretarial duties. United Kingdom England and Wales In the magistrates' courts of England and Wales, where the bench will usually have no legal qualifications, the justices' clerk will be legally qualified. The magistrates decide on the facts at issue; the clerk advises them on the law relating to the case. Scotland Clerks of court can be found at every level of the Courts of Scotland, with a legally qualified clerk acting as legal adviser to justices of the peace in justice of the peace courts. In the sheriff courts the clerk is known as a sheriff clerk, and the sheriff clerks are responsible for the administration and running of all cases in the court. Clerks also sup ...
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Ordonnance
In French politics, an ''ordonnance'' (, "order") is a statutory instrument issued by the Council of Ministers in an area of law normally reserved for primary legislation enacted by the French Parliament. They function as temporary statutes pending ratification by the Parliament; failing ratification they function as mere executive regulations. ''Ordonnances'' should not be confused with '' décrets'' issued by the prime minister (an order-in-council) or president, or with ministerial orders (''arrêtés''); these are issued either in matters where the Constitution allows primary legislation from the Council or as secondary legislation implementing a statute. In the French justice system, the word can also refer to a summary ruling made by a single judge for simple cases. Current usage Motivations Article 34 of the Constitution of France restricts certain legal matters to primary legislation to be enacted by Parliament. All other areas of law fall within the domain of delegate ...
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William The Silent
William the Silent (24 April 153310 July 1584), also known as William the Taciturn (translated from nl, Willem de Zwijger), or, more commonly in the Netherlands, William of Orange ( nl, Willem van Oranje), was the main leader of the Dutch Revolt against the Spanish Habsburgs that set off the Eighty Years' War (1568–1648) and resulted in the formal independence of the United Provinces in 1648. Born into the House of Nassau, he became Prince of Orange in 1544 and is thereby the founder of the Orange-Nassau branch and the ancestor of the monarchy of the Netherlands. In the Netherlands, he is also known as Father of the Fatherland (''Pater Patriae'') ( nl, Vader des Vaderlands). A wealthy nobleman, William originally served the Habsburgs as a member of the court of Margaret of Parma, governor of the Spanish Netherlands. Unhappy with the centralisation of political power away from the local estates and with the Spanish persecution of Dutch Protestants, William joined the D ...
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