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Law Of The Land
The phrase ''law of the land'' is a legal term, equivalent to the Latin ''lex terrae'', or ''legem terrae'' in the accusative case. It refers to all of the laws in force within a country or region, including statute law and case-made law. Use in Magna Carta In the year 1215, this term was used in Magna Carta. Perhaps the most famous clause (number 39 in the 1215 charter, clause 29 in the 1297 statute) of Magna Carta states: No Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the ''Law of the Land''. This is sometimes called the "law of the land clause". Magna Carta was originally written in Latin, and the Latin term is ''lex terrae'', or ''legem terrae'' in the accusative case (i.e. when the term is being used as the object in a sentence).Black, Henry. ''A Law Dictionary'', page ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accusative Case
The accusative case (abbreviated ) of a noun is the grammatical case used to mark the direct object of a transitive verb. In the English language, the only words that occur in the accusative case are pronouns: 'me,' 'him,' 'her,' 'us,' and ‘them’. The spelling of those words will change depending on how they are used in a sentence. For example, the pronoun ''they'', as the subject of a sentence, is in the nominative case ("They wrote a book"); but if the pronoun is instead the object, it is in the accusative case and ''they'' becomes ''them'' ("The book was written by them"). The accusative case is used in many languages for the objects of (some or all) prepositions. It is usually combined with the nominative case (for example in Latin). The English term, "accusative", derives from the Latin , which, in turn, is a translation of the Greek . The word may also mean "causative", and this may have been the Greeks' intention in this name, but the sense of the Roman translation has ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supremacy Clause
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution. The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with fede ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Of Proclamations
The ''Case of Proclamations'' English constitutional law case during the reign of King James I">UK constitutional law">English constitutional law case during the reign of King James I (1603–1625) which defined some limitations on the Royal Prerogative at that time. Principally, it established that the Monarch could make laws only through Parliament. The judgment began to set out the principle in English law (later developed by future Parliament of the United Kingdom, parliaments and other members of the judiciary in subsequent cases, for example '' Dr. Bonham's Case'') that when a case involving an alleged exercise of prerogative power came before the courts, the courts could determine: * whether the proclaimed prerogative existed in law and how far it extended; * whether it had been limited by statute, and if so, in what way; and * whether there was any requirement that the Crown pay compensation after the exercise of the prerogative. Facts Tudor monarchs believed that they ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice Of The Common Pleas
The chief justice of the Common Pleas was the head of the Court of Common Pleas, also known as the Common Bench or Common Place, which was the second-highest common law court in the English legal system until 1875, when it, along with the other two common law courts and the equity and probate courts, became part of the High Court of Justice. As such, the chief justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord High Chancellor and the Lord Chief Justice of England, who headed the Queen's Bench (King's when the monarch was male). History Initially, the position of Chief Justice of the Common Pleas was not an appointment; of the justices serving in the court, one would become more respected than his peers, and was therefore considered the "chief" justice. The position was formalised in 1272, with the raising of Sir Gilbert of Preston to Chief Justice, and from then on, it was a formally-appointed role, similar to the positions o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divine Law
Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or godsin contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, divine laws are typically perceived as superior to man-made laws, sometimes due to an assumption that their source has resources beyond human knowledge and human reason. Believers in divine laws might accord them greater authority than other laws, for example by assuming that divine law cannot be changed by human authorities. According to Chaniotis, Divine laws are noted for their apparent inflexibility. The introduction of interpretation into divine law is a controversial issue, since believers place high significance on adhering to the law precisely. Opponents to the application of divine law typically deny that it is purely divine and point out human influences in the law. These opponents characterize such laws as belonging to a particular cultural tradition. Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Vaughan (judge)
Sir John Vaughan SL (14 September 1603 – 10 December 1674), of Trawsgoed, was a justice in the Kingdom of England. Life He was born in Ceredigion, Wales, Kingdom of England the eldest of eight children of Edward Vaughan and his wife Letitia (Lettic) Stedman of Strata Florida, and was educated initially at The King's School, Worcester between 1613 and 1618, when he was admitted to Christ Church, Oxford. He attended until 1621, leaving without gaining a degree, and the same year was accepted into the Inner Temple. In 1625 he married his cousin Jane Stedman, with whom he had a son Edward, and two daughters Anne and Lucy, and in 1628 he was elected as a Member of Parliament for Cardigan, representing them again at both the Short and Long Parliaments. He was a moderate royalist, helping to prosecute William Laud and write the Triennial Acts, but refused to support a bill of attainder against Thomas Wentworth, saying it was unconstitutional. In 1630 he was called to the Bar. I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Keilway
Robert Keilway (''alias'' Kellway, Keylway, Kaylway, Kelloway, etc.) (1497–1581) of Minster Lovell Hall in Oxfordshire, was an English politician and court official. He was the son of Robert Keilway of Salisbury and educated at Oxford University and the Inner Temple. Career He was appointed Surveyor of the Court of Wards and Liveries in 1546 and Custos Rotulorum of Berkshire in 1549. He was elected a Member of Parliament for Bristol (1545 and 1547) and for Steyning in 1559. He was legal advisor to Edward Seymour, 1st Duke of Somerset, Lord Protector of England. and appointed serjeant-at-law in 1552. Marriage and children He married Cecily Bulstrode, a daughter of Edward Bulstrode of Hedgerley in Buckinghamshire and widow of Sir Alexander Unton of Wadley House in the parish of Faringdon, Berkshire (now Oxfordshire). He was therefore the step-father of Sir Edward Unton. By his wife he had children including: * Anne Keilway (c. 1554–1620), wife of John Harington, 1st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Fineux
Sir John Fineux (or Fyneux) ( 1441 – 1526) was an English judge and Chief Justice of the King's Bench. Early life and career Fineux was the son of William Fyneux of Swingfield, Kent, his mother's name being Monyngs. The family of Fyneux or Fineux (sometimes also written Finiox or Fineaux) was of great antiquity in Kent. The judge is said by Fuller, on the authority of one of his descendants, a certain Thomas Fyneux, to have begun the study of law at the age of twenty-eight, to have practised at the bar for twenty-eight years, and to have sat on the bench for the same period. As he died not earlier than 1526, he must, if Fuller's statements are correct, have been born about 1441. He was a member of Gray's Inn and a reader there, though the dates of his admission, call, and reading are alike uncertain. He was appointed in 1474 one of the commissioners for administering the marsh lands lying between Tenterden and Lydd, and in 1476 seneschal of the manors of the prior and chapt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speaker Of The House Of Commons (United Kingdom)
The speaker of the House of Commons is the presiding officer of the House of Commons, the lower house and primary chamber of the Parliament of the United Kingdom. The current speaker, Sir Lindsay Hoyle, was elected Speaker on 4 November 2019, following the retirement of John Bercow. Hoyle began his first full parliamentary term in the role on 17 December 2019, having been unanimously re-elected after the 2019 general election. The speaker presides over the House's debates, determining which members may speak and which amendments are selected for consideration. The speaker is also responsible for maintaining order during debate, and may punish members who break the rules of the House. Speakers remain strictly non-partisan and renounce all affiliation with their former political parties when taking office and afterwards. The speaker does not take part in debate or vote (except to break ties; and even then, the convention is that the speaker casts the tie-breaking vote accor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Pollard (speaker)
Sir John Pollard (died August 1557) was a Speaker of the House of Commons. He became Speaker in 1553 and was made a Knight Bachelor only a few weeks before his death. Life He was second son of Walter Pollard of Plymouth, by Avice, daughter of Richard Pollard of Way, in the parish of St Giles in the Wood, near Great Torrington, Devon. John Pollard may have been the Pollard who, without Christian name, is mentioned as entering the Middle Temple on 3 June 1515; but it may also be that this entry is that of his relative Lewis Pollard, son of Sir Hugh Pollard and grandson of Sir Lewis Pollard (c. 1465 – 1526), Justice of the Common Pleas. John was appointed Autumn Reader of the Middle Temple in 1535, and became serjeant-at-law in 1547. In 1529 and 1536 he was elected Member of Parliament for Plymouth. After 1545 he received, perhaps through the influence of a relative, Richard Pollard, who had taken part in the suppression of the monasteries, a grant of the manor of Nuneham C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
