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Judicature Act 1875
In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 (36 & 37 Vict. c. 66) and the Supreme Court of Judicature Act 1875 (38 & 39 Vict. c. 77), with a further series of amending acts (12 in all by 1899). By the Act of 1873 (ss. 3, 4), the Court of Chancery, the Court of King's Bench (known as the Queen's Bench when there is a female Sovereign), the Court of Common Pleas, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court of Divorce and Matrimonial Causes were consolidated into the Supreme Court of Judicature, subdivided into two courts: the "High Court of Justice" ("High Court"), with (broadly speaking) original jurisdiction, and the "Court of Appeal". Besides this restructuring, the objects of the act were threefold: *t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of The Courts Of England And Wales
Certain former courts of England and Wales have been abolished or merged into or with other courts, and certain other courts of England and Wales have fallen into disuse. For nearly 300 years, from the time of the Norman Conquest until 1362, French was the language of the courts, rather than English. Until the twentieth century, many legal terms were still expressed in Latin. Higher civil court system Middle Ages Henry VIII *Court of Augmentations *Court of First Fruits and Tenths * Court of General Surveyors *Court of Wards and Liveries Conciliar courts Conciliar courts included the Court of Star Chamber and the Court of Requests. =Regional conciliar courts= These included the Council in the North Parts and the Council in the Principality and Marches of Wales. Eyres Superior courts at Westminster Although the words "Superior Courts of Law at Westminster", in the preamble of the Uniformity of Process Act 1832 were, it was conceived by Palmer, sufficient to comprehend the la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right Of Audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have rights of audience in the superior court, and solicitors, who have rights of audience in the lower courts, unless a certificate of advocacy is obtained, which allows a solicitor advocate to represent clients in the superior courts also. There is no such distinction in American law. In superior courts, generally only barristers or advocates have a right of audience. Depending on territorial jurisdiction, jurisdiction, solicitors may have a right of audience in the County Court, magistrates' court (England and Wales), magistrates' courts and justice of the peace courts. Further, a Litigant in person, person appearing in court without legal representation has a right of audience but a McKenzie friend, person who is not a lawyer that assists a party to a legal matte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pleadings
In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action. The Civil Procedure Rules (CPR) govern pleading in England and Wales. Federal Rules of Civil Procedure govern pleading in United States federal courts. Each state in the United States has its own statutes and rules that govern pleading in the courts of that state. Examples Pleading in early American law was done through common law writs (for example ''demurrer''). Under the Federal Rules of Civil Procedure a ''complaint'' is the first pleading in American law filed by a plaintiff which initiates a lawsuit. A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maxims Of Equity
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental and time honored of the maxims, listed on this page, are often referred to on their own as the 'maxims of equity' or 'the equitable maxims',The first equitable maxim is 'equity delights in equality' or equity is equality Like other kinds of legal maxims or principles, they were originally, and sometimes still are, expressed in Latin. Role of maxims Maxims of equity are not a rigid set of rules, but are, rather, general principles which can be derived from in spe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Earl Of Oxford's Case
''Earl of Oxford's case'' (1615) 21 ER 485 is a foundational case for the common law world, that held equity (equitable principle) takes precedence over the common law. The Lord Chancellor held: "The Cause why there is Chancery is, for that Mens Actions are so divers and infinite, that it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some Circumstances." The judgment stresses that the legal position for chancery (equity) is tempered to dealing with voids ( lacunae) in the common law, a principle regularly asserted in the courts of appeal i.e. "equity follows the law", one of the maxims of equity which taken together impose many limits on the eligibility of cases and applicants. The King decreed on the advice of the Attorneys General that if there was a conflict between the common law and equity, equity would prevail. Equity's primacy in England was later enshrined in the Judicature Acts in 1873 and 1875, which also served to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bleak House
''Bleak House'' is a novel by Charles Dickens, first published as a 20-episode serial between March 1852 and September 1853. The novel has many characters and several sub-plots, and is told partly by the novel's heroine, Esther Summerson, and partly by an omniscient narrator. At the centre of ''Bleak House'' is a long-running legal case in the Court of Chancery, ''Jarndyce and Jarndyce'', which comes about because a testator has written several conflicting wills. In a preface to the 1853 first edition, Dickens claimed there were many actual precedents for his fictional case. One such was probably the ''Thellusson v Woodford'' case in which a will read in 1797 was contested and not determined until 1859. Though many in the legal profession criticised Dickens's satire as exaggerated, this novel helped support a judicial reform movement which culminated in the enactment of legal reform in the 1870s. There is some debate among scholars as to when ''Bleak House'' is set. The Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jarndyce And Jarndyce
''Jarndyce and Jarndyce'' (or ''Jarndyce v Jarndyce'') is a fictional probate case in ''Bleak House'' (1852–53) by Charles Dickens, progressing in the English Court of Chancery. The case is a central plot device in the novel and has become a byword for seemingly interminable legal proceedings. Dickens refers to the case as "Jarndyce and Jarndyce", the way it would be spoken of. The ''v'' in the case title is an abbreviation of the Latin '' versus'', but is normally pronounced "and" for civil cases in England and Wales. Plot ''Jarndyce v Jarndyce'' concerns the fate of a large inheritance; due to the apparent existence of multiple wills and trusts deriving therefrom (with those containing multiple beneficiaries), the heir or heirs cannot be determined. The case has dragged on for many generations before the action of the novel, so that, by the end of the narrative when the correct heirs appear to have finally been established, legal costs have devoured the whole estate, ren ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Dickens
Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English writer and social critic. He created some of the world's best-known fictional characters and is regarded by many as the greatest novelist of the Victorian era.. His works enjoyed unprecedented popularity during his lifetime and, by the 20th century, critics and scholars had recognised him as a literary genius. His novels and short stories are widely read today. Born in Portsmouth, Dickens left school at the age of 12 to work in a boot-blacking factory when his father was incarcerated in a debtors' prison. After three years he returned to school, before he began his literary career as a journalist. Dickens edited a weekly journal for 20 years, wrote 15 novels, five novellas, hundreds of short stories and non-fiction articles, lectured and performed readings extensively, was an indefatigable letter writer, and campaigned vigorously for children's rights, for education, and for other social ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parody
A parody, also known as a spoof, a satire, a send-up, a take-off, a lampoon, a play on (something), or a caricature, is a creative work designed to imitate, comment on, and/or mock its subject by means of satiric or ironic imitation. Often its subject is an original work or some aspect of it (theme/content, author, style, etc), but a parody can also be about a real-life person (e.g. a politician), event, or movement (e.g. the French Revolution or 1960s counterculture). Literary scholar Professor Simon Dentith defines parody as "any cultural practice which provides a relatively polemical allusive imitation of another cultural production or practice". The literary theorist Linda Hutcheon said "parody ... is imitation, not always at the expense of the parodied text." Parody may be found in art or culture, including literature, music, theater, television and film, animation, and gaming. Some parody is practiced in theater. The writer and critic John Gross observes in his ''Oxford Boo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922. The lord chancellor is a member of the Cabinet and is, by law, responsible for the efficient functioning and independence of the courts. In 2005, there were a number of changes to the legal system and to the office of the lord chancellor. Formerly, the lord chancellor was also the presiding officer of the House of Lords, the head of the judiciary of England and Wales and the presiding judge of the Chancery Division of the High Court of Justic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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