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Justices
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial pa ...
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Magistrate (England And Wales)
Magistrates are trained volunteers, selected from the local community, who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates decide on offences which carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the family court where they help resolve disputes that involve children, and in the youth court which deals with criminal matters involving young people aged 10-17. Established over 650 years ago, the magistracy is a key part of the judiciary of England and Wales, and it is a role underpinned by the principles of 'local justice' and 'justice by one's peers'. Magistrates typically sit as a bench of three, mixed in gender, age and ethnicity where possible, to bring a broad experience of life to the bench. They can sit alone to hear warrant applications or deal with uncontested matters heard under the single justice procedure. All members of the bench have e ...
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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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Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas. Original meaning In ancient Rome, the word '' magistratus'' referred to one of the highest offices of state. Analogous offices in the local authorities, such as ''municipium'', were subordinate only to the legislature of which they generally were members, '' ex officio'' ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ...
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Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ...
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International Court Of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the Second World War, both the league and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All member states of the UN are party to the ICJ Statute and may initiate contentious cases; ho ...
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Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law in the United States; unlike in some other jurisdictions, there is no undergraduate law degree in the United States. In the United States, along with Australia, Canada, and some other common law countries, the J.D. is earned by completing law school. It has the academic standing of a professional doctorate (in contrast to a research doctorate) in the United States, – mentions that the J.D. is a “professional doctorate”, in § ‘Data notes’ – describes differences between academic and professional doctorates; contains a statement that the J.D. is a professional doctorate, in § ‘Other references’. where the National Center for Education Statistics discontinued the use of the term "first professional degree" a ...
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Legal Education
Legal education is the education of individuals in the principles, practices, and theory of law. It may be undertaken for several reasons, including to provide the knowledge and skills necessary for admission to legal practice in a particular jurisdiction, to provide a greater breadth of knowledge to those working in other professions such as politics or business, to provide current lawyers with advanced training or greater specialisation, or to update lawyers on recent developments in the law. Legal education can take the form of a variety of programs, including: * Primary degrees in law, which may be studied at either undergraduate or graduate level depending on the country. * Advanced academic degrees in law, such as masters and doctoral degrees. * Practice or training courses, which prospective lawyers are required to pass in some countries before they may enter practice. * Applied or specialised law accreditation, which are less formal than degree programs but which pr ...
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Bailiff
A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offices and duties vary greatly. Another official sometimes referred to as a ''bailiff'' was the ''Vogt''. In the Holy Roman Empire a similar function was performed by the ''Amtmann''. British Isles Historic bailiffs ''Bailiff'' was the term used by the Normans for what the Saxons had called a '' reeve'': the officer responsible for executing the decisions of a court. The duty of the bailiff would thus include serving summonses and orders, and executing all warrants issued out of the corresponding court. The district within which the bailiff operated was called his '' bailiwick'', even to the present day. Bailiffs were outsiders and free men, that is, they were not usually from the bailiwick for which they were responsible. Throughout Nor ...
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Referendary
Referendary is the English form of a number of administrative positions, of various rank, in chanceries and other official organizations in Europe. Pre-modern history The office of ' (plural: ', from the Latin ', "I inform") existed at the Byzantine Court. Such officials reported to the Emperor on the memorials of petitioners, and conveyed to the judges the Emperor's orders in connection with such memorials. During the Frankish Empire's Merovingian period, the official who would later be known as the chancellor (') was termed the '. See also Royal Administration of Merovingian and Carolingian Dynasties. Other medieval kingdoms also had a referendary, e.g., Anianus, who in 506 CE compiled the ''Breviary of Alaric'' for that king of the Visigoths. Later the office proliferated and thus became devalued, as reflected in compound titles differentiating some such offices, e.g., in the Polish-Lithuanian Commonwealth. In later iterations of the Polish state, the title occurred again ...
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Lay Judge
A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permanent officers. They attend proceedings about once a month, and often receive only nominal or "costs covered" pay. Lay judges are usually used when the country does not have juries. Lay judges may be randomly selected for a single trial (as jurors are), or politically appointed. In the latter case they may usually not be rejected by the prosecution, the defense, or the permanent judges. Lay judges are similar to magistrates of England and Wales, but magistrates sit about twice as often. In different countries Austria In criminal proceedings, lay judges sit alongside professional judges on cases carrying a maximum punishment of more than five years, as well as for political crimes. Lay judges are also used in labor, social, and commercial ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ...
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