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Assize
The assizes (), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both Civil law (common law), civil and English criminal law, criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, most notably those subject to capital punishment or, later, life imprisonment. Other serious cases were dealt with by the quarter sessions (local county courts held four times per year), while the more minor offences were dealt with summarily by justice of the peace, justices of the peace in petty sessions (also known as magistrates' court (England and Wales), magistrates' courts). The word ''assize'' refers to the sittings or sessions (Old French ''assises'') of the judges, known as "justices of assize", who were judges who travelled across the seven circu ...
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Assize Of Clarendon
The Assize of Clarendon was an act of Henry II of England in 1166 that began a transformation of English law and led to Jury trial, trial by jury in common law countries worldwide, and that established assize courts. Prior systems for deciding the winning party in a case, especially felony, felonies, included trial by ordeal, trial by battle, or compurgation, trial by compurgation (trial by oath), in which evidence, inspection, and inquiry was made under oath by laymen, knights or ordinary Franklin (class), freemen. After the Assize of Clarendon Jury trial, trial by jury developed, though some historians say beginnings of the jury system predate this act. The Assize of Clarendon did not lead to this change immediately; recourse to trial by combat was not officially rescinded until 1819 in the aftermath of the Ashford v Thornton, murder of Mary Ashford. The assize takes its name from Clarendon Palace, Wiltshire, the royal hunting lodge at which it was promulgated. Problems addre ...
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Quarter Session
The courts of quarter sessions or quarter sessions were local courts that were traditionally held at four set times each year in the Kingdom of England from 1388; they were extended to Wales following the Laws in Wales Act 1535. Scotland established quarter sessions in the 17th century. Quarter sessions were also established in Ireland and British colonies overseas. Quarter sessions generally sat in the seat of each county and county borough, and in numerous non-county boroughs which were entitled to hold their own quarter sessions, although some of the smaller boroughs lost theirs in 1951; these non-county boroughs were mainly, but not exclusively, ancient boroughs. In 1972, all quarter sessions were abolished in England and Wales with the commencement of the Courts Act 1971, which replaced them and the assizes with a single permanent Crown Court. In Scotland, they survived until 1975, when they were abolished and replaced by district courts and later by justice of the pea ...
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Nisi Prius
''Nisi prius'' () (Latin: "unless before") is a historical term in English law. In the 19th century, it came to be used to denote generally all legal actions tried before judges of the King's Bench Division and in the early twentieth century for actions tried at assize by a judge given a commission.Curzon (2002) Used in that way, the term has had no currency since the abolition of assizes in 1971. Courts Act 1971 Trial at ''nisi prius'' Before the reforms of the Judicature Act 1873, civil cases at common law were begun in one of the three courts that sat in Westminster Hall: the Court of Common Pleas, Court of Exchequer and King's Bench. Because of their historical origins, these courts were to some extent in competition, especially as their respective judges and officers lived on the fees deriving from them. Given that travel to London was an onerous burden during the medieval period, however, the Statute of Westminster II provided in 1285 for trial of fact in civil cases a ...
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Henry II Of England
Henry II () was King of England The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the form of government used by the United Kingdom by which a hereditary monarch reigns as the head of state, with their powers Constitutional monarchy, regula ... from 1154 until his death in 1189. During his reign he controlled Kingdom of England, England, substantial parts of Wales in the High Middle Ages, Wales and Lordship of Ireland, Ireland, and much of Kingdom of France, France (including Duchy of Normandy, Normandy, County of Anjou, Anjou, and Duchy of Aquitaine, Aquitaine), an area that altogether was later called the Angevin Empire, and also held power over Kingdom of Scotland, Scotland and the Duchy of Brittany. Henry was the eldest son of Geoffrey Plantagenet, Count of Anjou, and Empress Matilda, Matilda, daughter of Henry I of England. By the age of fourteen, he became politically and militarily involved in The Anarchy, his mother's efforts ...
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Courts Act 1971
The Courts Act 1971The citation of this act by this short title is authorised bsection 59(1)of this act. (c. 23) is an act of the Parliament of the United Kingdom, the purpose of which was to reform and modernise the courts system of England and Wales, as well as effectively separating the business of the criminal and civil courts. It established the Crown Court, introduced the posts of circuit judge and recorder, and abolished various local courts across the country. Many of its provisions have since been repealed by the Senior Courts Act 1981, but the essential structure described in the act is still in place. Provisions The first part of the act concerns the new Crown Court. It is established as part of the Supreme Court of Judicature, replacing courts of assize and quarter sessions. The appellate jurisdiction of these courts is transferred, and the new court given exclusive jurisdiction in "trial on indictment". It is described as a "superior court of record" for Engl ...
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Crown Court
The Crown Court is the criminal trial court, court of first instance in England and Wales responsible for hearing all indictable offences, some Hybrid offence, either way offences and appeals of the decisions of magistrates' courts. It is one of three Senior Courts of England and Wales. The Crown Court sits in around 92 List of Crown Court venues in England and Wales, locations in England and Wales, divided into Circuits of England and Wales, Circuits. When sitting in the City of London, it is known as the Central Criminal Court (England and Wales), Central Criminal Court or "Old Bailey". The Crown Court is administered by His Majesty's Courts and Tribunals Service, HM Courts and Tribunals Service, an executive agency of the Ministry of Justice (United Kingdom), Ministry of Justice. History England and Wales formerly used a system of courts of assizes, assize and court of quarter sessions, quarter sessions for indictment trials at first instance. However, the Beeching C ...
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Oyer And Terminer
In English law, oyer and terminer (; a partial translation of the Anglo-French , which literally means 'to hear and to determine') was one of the commissions by which a judge of assize sat. Apart from its Law French name, the commission was also known by the Law Latin name , and the Old English-derived term sac and soc. By the commission of oyer and terminer the commissioners (in practice the judges of assize, though other persons were named with them in the commission) were commanded to make diligent inquiry into all treasons, felonies and misdemeanours whatever committed in the counties specified in the commission, and to hear and determine the same according to law. The inquiry was by means of the grand jury; after the grand jury had found the bills of indictment submitted to it, the commissioners proceeded to hear and determine by means of the petit jury. The words ''oyer and terminer'' were also used to denote the court that had jurisdiction to try offences within the ...
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Jury Trial
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if a bench trial is actually contemplated in a particular case. In general, the availability of a jury trial if properly demanded has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are of ...
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Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court (law), court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the Monarchy of the United Kingdom, king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench (England), Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Edward Coke, Sir Edward Coke to be the "lock ...
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Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To r ...
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Westminster
Westminster is the main settlement of the City of Westminster in Central London, Central London, England. It extends from the River Thames to Oxford Street and has many famous landmarks, including the Palace of Westminster, Buckingham Palace, Westminster Abbey, Westminster Cathedral, Trafalgar Square and much of the West End of London, West End cultural centre including the entertainment precinct of West End theatre. The name () originated from the informal description of the abbey church and royal peculiar of St Peter's (Westminster Abbey), west of the City of London (until the English Reformation there was also an Eastminster abbey, on the other side of the City of London, in the East End of London). The abbey's origins date from between the 7th and 10th centuries, but it rose to national prominence when rebuilt by Edward the Confessor in the 11th century. With the development of the old palace alongside the abbey, Westminster has been the home of Governance of England, Engla ...
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