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Justices' Clerk
A justices' clerk or clerk to the justices is an official of the magistrates' court in England and Wales whose primary role is to provide legal advice to justices of the peace (also known as magistrates). History The office of justices' clerk (or clerk to the justices) is historically linked with the development of the office of justice of the peace in England and Wales from the 12th century. The Justices of the Peace Act 1361 provided, amongst other things, "That in every county of England shall be assigned for the keeping of the peace, one lord and with him three or four of the most worthy of the county, with "some learned in the law", and they shall have the power to restrain the Offenders, Rioters, and all other Barators, and to pursue, arrest, take and chastise them according to their Trespass or Offence". Originally known as "clerk of the peace", "clerk of the justices" or "clerk of the keepers of the peace", the clerk who assisted the justices at Quarter Sessions was req ...
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Magistrates' Court (England And Wales)
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980. All criminal proceedings start at a magistrates' court. Summary offences are lesser crimes (for example, public order offences and most driving matters) that can be punished under the magistrates' courts maximum sentencing powers of 12 months imprisonment, and/or an unlimited fine. Indictable only offences, on the other hand, are serious crimes (e.g. rape, murder); if it is found at the initial hearing of the magistrates' court that there is a case to answer, they are committed to the Crown Court, which has a mu ...
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Courts Act 2003
The Courts Act 2003 (c.39) is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's (a Court of Appeal judgeReview of the Criminal Courtsin England and Wales (also known as the "Auld Review"). The White Paper which preceded the Act was published by the Home Office on the 17 July 2002 and called "Justice for All". The Act has nine parts: * Maintenance of the court system * Justices of the Peace * Magistrates' courts * Court security * Inspectors of court administration * Judges * Procedure rules and practice directions * Miscellaneous * Final provisions (technical provisions) The Act deals predominantly with criminal courts' administration, though certain sections deal with civil matters (notably creating a post of "Head of Civil Justice", enabling provisions for family procedure rules, and amendments to its civil procedure equivalent). The Act also abolished magistrates' courts committees, combining the magistrates' cour ...
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Legal Professions
A lawyer is a person who Practice of law, practices law. The role of a lawyer varies greatly across different Jurisdiction, legal jurisdictions. A lawyer can be classified as an advocate, attorney at law, attorney, barrister, canonist, 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 j ...
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Historical Legal Occupations
History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the invention of writing systems is considered prehistory. "History" is an umbrella term comprising past events as well as the memory, discovery, collection, organization, presentation, and interpretation of these events. Historians seek knowledge of the past using historical sources such as written documents, oral accounts, art and material artifacts, and ecological markers. History is not complete and still has debatable mysteries. History is also an academic discipline which uses narrative to describe, examine, question, and analyze past events, and investigate their patterns of cause and effect. Historians often debate which narrative best explains an event, as well as the significance of different causes and effects. Historians also debate the nature of history as an end in itself, as well as its usefulness to give perspective on the problems of the p ...
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Law Clerk
A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant roles in the formation of case law through their influence upon judges' decisions and perform some quasi-secretarial duties. Judicial clerks should not be confused with legal clerks/paralegals (also called "law clerks" in Canada), court clerks (clerks of the court), or courtroom deputies who perform other duties within the legal profession and perform more quasi-secretarial duties than law clerks, or legal secretaries that only provide secretarial and administrative support duties to attorneys and/or judges. In the United States, judicial law clerks are usually recent law school graduates who performed at or near the top of their class and/or attended highly ranked law schools. Serving as a law clerk, especially to a U.S. federal judge, ...
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Magistrates' Courts Committee
From 1949 to 2005, magistrates' courts committees (MCCs) had overall responsibility for management of the magistrates' courts service within their areas in England and Wales. Origin The system for managing magistrates' courts arose in piecemeal fashion over the centuries following the creation of justices of the peace (also known as magistrates) in 1327. As the work of justices increased in their petty sessions sittings, about 1,000 county and borough commissions of the peace of different sizes developed. Benches of magistrates administered summary justice in court buildings usually provided and maintained by their local authorities. They were largely independent entities who appointed their own justices' clerk, usually a part-time appointment from among the local solicitors, and contributed to their running costs out of fines and fees that they paid to their local authorities. Local authorities found themselves making up increasing deficits in the cost of running their local cour ...
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Local Justice Area
Local justice areas are units in England and Wales established by the Courts Act 2003, replacing and directly based on the previous petty sessional divisions. They have been in existence since 2005. Local justice areas are used to determine which magistrates' courts may hear a particular case. Specifically, cases may only be heard in courts which are in: * a place in the local justice area in which the offence is alleged to have been committed, * a place in the local justice area in which the person charged with the offence resides, * a place in the local justice area in which the witnesses, or the majority of the witnesses, reside, or * a place where other cases raising similar issues are being dealt with. The areas established were identical to the petty sessional divisions. They have since been amended by the merger of South Pembrokeshire and North Pembrokeshire to a single Pembrokeshire local justice area, and the merger of De Maldwyn and Welshpool to a single Montgomeryshi ...
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Lord Chief Justice
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a wid ...
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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 ...
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Senior Presiding Judge For England And Wales
The Senior Presiding Judge for England and Wales is a member of the Court of Appeal appointed by the Lord Chief Justice to supervise the Presiding Judges for the various judicial circuits of England and Wales. The Senior Presiding Judge is responsible for deployment and personnel issues for all circuits and acts as a "general point of liaison" for the courts, judiciary and Government. The post dates to the appointment in 1983 of Sir Tasker Watkins, who remains the longest-serving holder of the office. The arrangement was put on a statutory footing with the enactment of the Courts and Legal Services Act 1990. Presiding Judges In each circuit, there are two Presiding Judges appointed by the Lord Chief Justice to preside each of the six circuits in England and Wales, with the exception of the South-Eastern circuit which is supervised by the Lord Chief Justice and two High Court judges. The judge is responsible for the deployment of the judiciary and allocation of cases and for th ...
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Justice Of The Peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs. History In 1195, Richard I ("the Lionheart") of England and his Minister Hubert Walter commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King in ensuring that the law was upheld and preserving the " King's peace". Therefore, they were known as "keepers of th ...
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