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R V Secretary Of State For Home Affairs Ex Parte O'Brien
''R v Secretary of State for Home Affairs ex parte O'Brien'' 9232 KB 361 was a 1923 test case in English law that sought to have the internment and deportation of Irish nationalist sympathisers earlier that year declared legally invalid. In March 1923 between 80 and 100 suspected Irish nationalists in Britain were arrested by the police and sent to the Irish Free State under the Restoration of Order in Ireland Act 1920 (ROIA). One of the detainees, Art O'Brien, challenged his detention in a test case at the Divisional Court. The case eventually went to both the Court of Appeal and House of Lords, who decided that the internments were illegal because the Irish Free State was an independent nation and so British Acts of Parliament no longer applied to it. The decision effectively illegalised the ROIA and led to the immediate release of O'Brien and the other detained individuals, who sued the British Government for false imprisonment. The government pushed through the Restorati ...
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Test Case (law)
In case law, a test case is a legal action whose purpose is to set a precedent. Test cases are brought to court as a means to provide a clearer definition to laws with disputed meaning and/or intent. An example of a test case might be a legal entity who files a lawsuit to see if the court considers a certain law or a certain legal precedent applicable in specific circumstances. This is useful, for example, to validate later filing similar lawsuits. Government agencies sometimes bring test cases to confirm or expand their powers.In FTC v. Dean Foods Co., the FTC sought to establish its power to obtain preliminary injunctions in anti-merger cases. In FTC v. Sperry & Hutchinson Co., the FTC sought to establish its power to invoke section 5 of the FTC Act, 15 U.S.C. sec. 45, against business practices that were "unfair" without being similar to antitrust violations. In United States v. Glaxo Group Ltd., the Justice Department sought to establish its power to invalidate patents even ...
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House Of Commons Of The United Kingdom
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 (UK), members of Parliament (MPs). MPs are elected to represent United Kingdom constituencies, constituencies by the first-past-the-post system and hold their seats until Dissolution of the Parliament of the United Kingdom, 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 Acts of Union 1707, political union with Scotland, and from 1800 it also became the House of Commons for Ireland after the Acts of Union 1800, 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 independenc ...
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Mountjoy Prison
Mountjoy Prison ( ga, Príosún Mhuinseo), founded as Mountjoy Gaol and nicknamed ''The Joy'', is a medium security men's prison located in Phibsborough in the centre of Dublin, Ireland. The current prison Governor is Edward Mullins. History Mountjoy was designed by Captain Joshua Jebb of the Royal Engineers and opened in 1850. It was based on the design of London's Pentonville Prison also designed by Jebb. Originally intended as the first stop for men sentenced to transportation, they would spend a period in separate confinement before being transferred to Spike Island and transported from there to Van Diemen's Land. A total of 46 prisoners (including one woman, Annie Walsh) were executed within the walls of the prison, prior to the abolition of capital punishment. Executions were carried out by hanging and firing squads, after which the bodies of the dead were taken down from the gallows and buried within the prison grounds in unmarked graves. The list of Irish republic ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for ...
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Arthur Salter (judge)
Sir Arthur Clavell Salter KC (30 October 1859 – 30 November 1928) was a British Conservative Party politician and judge who sat on the Kings Bench Division of the High Court of Justice. Early life and education Born to Dr Henry Hyde Salter, FRS (1823–71) and his wife Henrietta, Salter was educated at Wimborne Grammar School and King's College London, where he studied arts and law. He married Mary Dorothea (d. 1917) in 1894, daughter of Major J. H. Lloyd. Him and Mary had a daughter and a son, 2nd Lieutenant John Henry Clavell Salter, who was killed in action in World War 1 in 1918. After Mary's death, he married Nora Constance, of Lieutenant Colonel T. H. Ouchterloney. Career He was called to the Bar in 1885 by the Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, ...
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Horace Avory
Sir Horace Edmund Avory (31 August 1851 – 13 June 1935) was an English High Court judge. Biography He was the son of Henry Avory, clerk of the Central Criminal Court. He was educated at King's College London, and Corpus Christi College, Cambridge, where he was captain of boats and took the degree of LL.B. in 1874. He became a barrister of the Inner Temple in 1875 and married Maria Louisa Castle in 1877. He was elected Bencher in 1908 and was knighted and made a judge, later to become a senior judge, of the King's Bench division in 1910. He received a Hon.D.LL. degree in 1911 and was made Treasurer in 1929. He died at Rye, East Sussex. Avory was one of the most noted English criminal lawyers of the late 19th and early 20th centuries. He was involved in many sensational trials and became a household word as the most dreaded "hanging judge" of his age. He was called "thin-lipped, cold, utterly unemotional, silent, and humourless, and relentless towards lying witnesses and ...
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Barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and giving expert legal opinions. Barristers are distinguished from both solicitors and chartered legal executives, who have more direct access to clients, and may do transactional legal work. It is mainly barristers who are appointed as judges, and they are rarely hired by clients directly. In some legal systems, including those of Scotland, South Africa, Scandinavia, Pakistan, India, Bangladesh, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man, the word ''barrister'' is also regarded as an honorific title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of a solicitor, and increasingly - chartered legal executives, who perform tasks such as cor ...
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Labour Party (UK)
The Labour Party is a political party in the United Kingdom that has been described as an alliance of social democrats, democratic socialists and trade unionists. The Labour Party sits on the centre-left of the political spectrum. In all general elections since 1922, Labour has been either the governing party or the Official Opposition. There have been six Labour prime ministers and thirteen Labour ministries. The party holds the annual Labour Party Conference, at which party policy is formulated. The party was founded in 1900, having grown out of the trade union movement and socialist parties of the 19th century. It overtook the Liberal Party to become the main opposition to the Conservative Party in the early 1920s, forming two minority governments under Ramsay MacDonald in the 1920s and early 1930s. Labour served in the wartime coalition of 1940–1945, after which Clement Attlee's Labour government established the National Health Service and expanded the welfa ...
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Member Of Parliament (UK)
In the United Kingdom, a member of Parliament (MP) is an individual elected to serve in the House of Commons of the Parliament of the United Kingdom. Electoral system All 650 members of the UK House of Commons are elected using the first-past-the-post voting system in single member constituencies across the whole of the United Kingdom, where each constituency has its own single representative. Elections All MP positions become simultaneously vacant for elections held on a five-year cycle, or when a snap election is called. The Fixed-term Parliaments Act 2011 set out that ordinary general elections are held on the first Thursday in May, every five years. The Act was repealed in 2022. With approval from Parliament, both the 2017 and 2019 general elections were held earlier than the schedule set by the Act. If a vacancy arises at another time, due to death or resignation, then a constituency vacancy may be filled by a by-election. Under the Representation of the People Ac ...
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King's Counsel
In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or advocate) who is typically a senior trial lawyer. Technically appointed by the monarch of the country to be one of 'His erMajesty's Counsel learned in the law', the position originated in England and Wales. Some Commonwealth countries have either abolished the position, or renamed it so as to remove monarchical connotations, for example, ' Senior counsel' or 'Senior Advocate'. Appointment as King's Counsel is an office, conferred by the Crown, that is recognised by courts. Members have the privilege of sitting within the inner bar of court. As members wear silk gowns of a particular design (see court dress), appointment as King's Counsel is known informally as ''receiving, obtaining,'' or ''taking silk'' and KCs are often colloquially ca ...
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Patrick Hastings
Sir Patrick Gardiner Hastings (17 March 1880 – 26 February 1952) was an English barrister and politician noted for his long and highly successful career as a barrister and his short stint as Attorney General. He was educated at Charterhouse School until 1896, when his family moved to continental Europe. There he learnt to shoot and ride horses, allowing him to join the Suffolk Imperial Yeomanry after the outbreak of the Second Boer War. After demobilisation he worked briefly as an apprentice to an engineer in Wales before moving to London to become a barrister. Hastings joined the Middle Temple as a student on 4 November 1901, and after two years of saving money for the call to the bar he finally qualified as a barrister on 15 June 1904. Hastings first rose to prominence as a result of the Case of the Hooded Man in 1912, and became noted for his skill at cross-examinations. After his success in ''Gruban v Booth'' in 1917, his practice steadily grew, and in 1919 he became ...
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Attorney General For England And Wales
His Majesty's Attorney General for England and Wales is one of the law officers of the Crown and the principal legal adviser to sovereign and Government in affairs pertaining to England and Wales. The attorney general maintains the Attorney General's Office and currently attends (but is not a member of) Cabinet. Unlike in other countries employing the common law legal system, the attorney general does not govern the administration of justice; that function is carried out by the secretary of state for justice and lord chancellor. The incumbent is also concurrently advocate general for Northern Ireland. The position of attorney general has existed since at least 1243, when records show a professional attorney was hired to represent the King's interests in court. The position first took on a political role in 1461 when the holder of the office was summoned to the House of Lords to advise the Government there on legal matters. In 1673, the attorney general officially became the C ...
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