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Praecipe
Writs of praecipe (imperative of the Latin '' praecipio'' ("I order"), thus meaning "order his) are a widespread feature of the common law tradition, generally involving the instigation of some form of swift and peremptory action. Early development The word ''praecipe'' moved from the Roman Empire into the medieval Latin of the English Chancery, and so reached English law. In the twelfth century, writs praecipe, addressed to sheriffs, emerged as the swiftest way to bring legal disputes to the royal courts. While the so-called possessory assizes, such as Novel Disseisin, had marked a great advance in royal justice, they proved too rigid for the full complexities of land law, and so had to be supplemented by more specialised praecipe writs, such as Praecipe for Dower, or Praecipe Quod Reddat. The latter, one of the so-called writs of entry, was singled out in Magna Carta Ch 34 by the barons in an attempt (largely unsuccessful) to delimit more firmly private from royal jurisdiction. ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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American Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence o ...
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Close Roll
The Close Rolls () are an administrative record created in medieval England, Wales, Ireland and the Channel Islands by the royal chancery, in order to preserve a central record of all letters close issued by the chancery in the name of the Crown. History The first surviving Close Roll was started in 1204 (in the reign of King John), under the Chancellorship of Hubert Walter, though the actual practice may reach back to 1200, or even before.Sayles, G. O. ''The Medieval Foundations of England'' (London 1967) p. 291 Copies of the texts of the letters were written on sheets of parchment, which were stitched together into long rolls to form a roll for each year. Nature of contents Copies of royal grants of land or money (further transcribed to the Exchequer) made up the earliest contents of the Close Rolls; but the latter soon came to contain much wider matter, exchequer-related material being hived off after 1226 in separate Liberate Rolls. Indeed, in the early 13th century perh ...
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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 trial by jury in common law countries worldwide, and that established assize courts. Prior systems for deciding the winning party in a case, especially felonies, included trial by ordeal, trial by battle, or trial by compurgation (trial by oath), in which evidence, inspection, and inquiry was made under oath by laymen, knights or ordinary freemen. After the Assize of Clarendon 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, though by then it had fallen out of use. The assize takes its name from Clarendon Palace, Wiltshire, the royal hunting lodge at which it was promulgated. Problems addressed by the assize In 1154, Henry II inherited the throne of a troubled England. In f ...
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Bombay High Court
The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai (formerly known as Bombay), and is one of the oldest high courts in India. The High Court has regional branches at Nagpur and Aurangabad in Maharashtra and Panaji, the capital of Goa. The first Chief Justice, the Attorney General and Solicitor General of Independent India were from this court. Since India's Independence, 22 judges from this court have been elevated to the Supreme Court and 8 have been appointed to the office of Chief Justice of India. The court has Original Jurisdiction in addition to its Appellate. Judgements issued by this court can be appealed ''only'' to the Supreme Court of India. The Bombay High Court has a sanctioned strength of 94 judges (71 permanent, 23 additional). The building is part of The Victorian and Art Deco Ensemble of Mumbai, which was added to t ...
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Judge
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 p ...
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Registry
Registry may refer to: Computing * Container registry, an operating-system-level virtualization registry * Domain name registry, a database of top-level internet domain names * Local Internet registry * Metadata registry, information system for registering metadata * National Internet registry * Regional Internet registry, a database of allocated Internet number resources in a particular region of the world * Windows Registry, a database of configuration settings in Microsoft Windows operating systems * Service List Registry, an audiovisual service discovery platform Gifts * Gift registry, a particular type of wish list, e.g., for anniversaries, birthdays, graduations, honeymoons, housewarmings, showers, weddings ** Bridal registry, a retailers' plan that allows engaged couples to manage the purchase of wedding gifts ** Honeymoon registry, a service that assists engaged and married couples in financing their honeymoons Government and law * A registry is an authoritative list of o ...
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Motion (legal)
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the ''moving party'', or may simply be the ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions m ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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Customs
Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs has been considered as the fiscal subject that charges customs duties (i.e. tariffs) and other taxes on import and export. In recent decades, the views on the functions of customs have considerably expanded and now covers three basic issues: taxation, security, and trade facilitation. Each country has its own laws and regulations for the import and export of goods into and out of a country, enforced by their respective customs authorities; the import/export of some goods may be restricted or forbidden entirely. A wide range of penalties are faced by those who break these laws. Overview Taxation The traditional function of customs has been the assessment and collection of customs duties, which is a tariff or tax on the importation o ...
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England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Engli ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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