Matrimonial Causes Act 1857
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Matrimonial Causes Act 1857
The Matrimonial Causes Act 1857 was an Act of the Parliament of the United Kingdom. The Act reformed the law on divorce, moving litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage based on contract rather than sacrament and widening the availability of divorce beyond those who could afford to bring proceedings for annulment or to promote a private Bill. It was one of the Matrimonial Causes Acts 1857 to 1878. Background Before the Act, divorce was governed by the ecclesiastical Court of Arches and the canon law of the Church of England. As such, it was not administered by the barristers who practised in the common law courts but by the "advocates" and "proctors" who practised civil law from Doctors' Commons, adding to the obscurity of the proceedings.Squibb (1977) ''pp'' 104–105 Divorce allowing remarriage was ''de facto'' restricted to the very wealthy, as it demanded either a complex annulment process or a priv ...
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Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ...
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Proctor
Proctor (a variant of ''procurator'') is a person who takes charge of, or acts for, another. The title is used in England and some other English-speaking countries in three principal contexts: * In law, a proctor is a historical class of lawyers, and the King's (or Queen's) Proctor is a senior government lawyer. * In religion, a proctor represents the clergy in Church of England dioceses. * In education, proctor is the name of university officials in certain universities. In the United States and some other countries, the word "proctor" is frequently used to describe someone who supervises an examination (i.e. a supervisor or invigilator) or dormitory. Law England A proctor was a legal practitioner in the ecclesiastical and admiralty courts in England. These courts were distinguished from the common law courts and courts of equity because they applied "civil law" derived from Roman law, instead of English common law and equity. Historically, proctors were licensed by the Arc ...
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House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ...
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Henry Temple, 3rd Viscount Palmerston
Henry John Temple, 3rd Viscount Palmerston, (20 October 1784 – 18 October 1865) was a British statesman who was twice Prime Minister of the United Kingdom in the mid-19th century. Palmerston dominated British foreign policy during the period 1830 to 1865, when Britain stood at the height of its imperial power. He held office almost continuously from 1807 until his death in 1865. He began his parliamentary career as a Tory, defected to the Whigs in 1830, and became the first prime minister from the newly formed Liberal Party in 1859. He was highly popular with the British public. David Brown argues that "an important part of Palmerston's appeal lay in his dynamism and vigour". Henry Temple succeeded to his father's Irish peerage (which did not entitle him to a seat in the House of Lords, leaving him eligible to sit in the House of Commons) as the 3rd Viscount Palmerston in 1802. He became a Tory MP in 1807. From 1809 to 1828 he served as Secretary at War, organising the fina ...
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John Campbell, 1st Baron Campbell
John Campbell, 1st Baron Campbell, PC, QC, FRSE (15 September 1779 – 23 June 1861) was a British Liberal politician, lawyer and man of letters. Background and education The second son of the Reverend George Campbell, D.D., and Magdalene Hallyburton, he was born a son of the manse at Cupar, Fife, Scotland, where his father was for fifty years parish minister. For seven years, from the age of 11, Campbell studied at the United College, St Andrews. When he was 18, he was offered the opportunity to leave home and see something of the world by becoming tutor to James Wedderburn-Webster. The family lived in Clapham, just south of London, with a summer house at Shenley, Hertfordshire. His employer was David Webster, London merchant of a sugar trading house, with family connections through the Wedderburn baronets to the slave plantations of Jamaica. Living in this wealthy household, the young Campbell saw a different world, and it didn't impress him: the commercial conversation ...
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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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Coalition Government 1852–1855
After the collapse of Lord Derby's minority government, the Whigs and Peelites formed a coalition under the Peelite leader Lord Aberdeen. The government resigned in early 1855 after a large parliamentary majority voted for a select committee to enquire into the incompetent management of the Crimean War. The former Home Secretary, Lord Palmerston, then formed his first government. Cabinet December 1852 – February 1855 † After June 1854 office became Secretary of State for War. Notes *Lord John Russell served as Leader of the House of Commons from December 1852 to February 1855. Changes *February 1853: Lord John Russell becomes Minister without Portfolio A minister without portfolio is either a government minister with no specific responsibilities or a minister who does not head a particular ministry. The sinecure is particularly common in countries ruled by coalition governments and a cabinet w ..., remaining Leader of the Commons. Lord Clarendon ...
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George Hamilton-Gordon, 4th Earl Of Aberdeen
George Hamilton-Gordon, 4th Earl of Aberdeen, (28 January 178414 December 1860), styled Lord Haddo from 1791 to 1801, was a British statesman, diplomat and landowner, successively a Tory, Conservative and Peelite politician and specialist in foreign affairs. He served as Prime Minister from 1852 until 1855 in a coalition between the Whigs and Peelites, with Radical and Irish support. The Aberdeen ministry was filled with powerful and talented politicians, whom Aberdeen was largely unable to control and direct. Despite his trying to avoid this happening, it took Britain into the Crimean War, and fell when its conduct became unpopular, after which Aberdeen retired from politics. Born into a wealthy family with largest estates in Scotland, his personal life was marked by the loss of both parents by the time he was eleven, and of his first wife after only seven years of a happy marriage. His daughters died young, and his relations with his sons were difficult. He travelled extens ...
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Civil Litigation
Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United States, United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and civil procedure, procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informer ...
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Bill (proposed Law)
A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature as well as, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an '' act of the legislature'', or a ''statute''. Bills are introduced in the legislature and are discussed, debated and voted upon. Usage The word ''bill'' is primarily used in Anglophone United Kingdom and United States, the parts of a bill are known as ''clauses'', until it has become an act of parliament, from which time the parts of the law are known as ''sections''. In Napoleonic law nations (including France, Belgium, Luxembourg, Spain and Portugal), a proposed law may be known as a "law project" (Fr. ''projet de loi''), which is a government-introduced bill, or a "law proposition" (Fr. ''proposition de loi''), a private member's bill. For example the Dutch parliamentary system does not make this terminological distinction (''wetsontwe ...
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British House Of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom. Like the upper house, the House of Lords, it meets in the Palace of Westminster in London, England. The House of Commons is an elected body consisting of 650 members known as members of Parliament (MPs). MPs are elected to represent constituencies by the first-past-the-post system and hold their seats until Parliament is dissolved. The House of Commons of England started to evolve in the 13th and 14th centuries. In 1707 it became the House of Commons of Great Britain after the political union with Scotland, and from 1800 it also became the House of Commons for Ireland after the political union of Great Britain and Ireland. In 1922, the body became the House of Commons of the United Kingdom of Great Britain and Northern Ireland after the independence of the Irish Free State. Under the Parliament Acts 1911 and 1949, the Lords' power to reject legislation was reduced to a delaying power. The gov ...
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Private Bill
Proposed bills are often categorized into public bills and private bills. A public bill is a proposed law which would apply to everyone within its jurisdiction. This is unlike a private bill which is a proposal for a law affecting only a single person, group, or area, such as a bill granting a named person citizenship or, previously, granting named persons a legislative divorce. After a bill is enacted, these bills become public acts and private acts, respectively. Private law can afford relief from another law, grant a unique benefit or powers not available under the general law, or relieve someone from legal responsibility for some allegedly wrongful act. There are many examples of such private law in democratic countries, although its use has changed over time. A private bill is not to be confused with a private member's bill, which is a bill introduced by a "private member" of the legislature rather than by the ministry. In practice, a (technically) public act can have the e ...
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