Patent Of Precedence
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Patent Of Precedence
A patent of precedence is a grant to an individual by letters patent of a higher social or professional position than the precedence to which his ordinary rank entitles him. Historical use in the English legal profession The principal instance in recent times of patents of grants of this description has been the grant of precedence to members of the English bar. Formerly, the rank of king's counsel not only precluded a barrister from appearing against the Crown, but, if he was a member of parliament, entailed that he give up his seat. A patent of precedence was resorted to as a means of conferring similar marks of honour on distinguished counsel without any such disability attached to it. The patents obtained by Mansfield, Erskine, Scott, Jervis and Brougham were granted on this ground. After the serjeants-at-law lost their exclusive right of audience in the Court of Common Pleas, it became customary to grant patents of precedence to a number of serjeants, giving them rank i ...
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Letters Patent
Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, title or status to a person or corporation. Letters patent can be used for the creation of corporations or government offices, or for granting city status or a coat of arms. Letters patent are issued for the appointment of representatives of the Crown, such as governors and governors-general of Commonwealth realms, as well as appointing a Royal Commission. In the United Kingdom, they are also issued for the creation of peers of the realm. A particular form of letters patent has evolved into the modern intellectual property patent (referred to as a utility patent or design patent in United States patent law) granting exclusive rights in an invention or design. In this case it is essential that the written grant should be in the form ...
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Right Of Audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have rights of audience in the superior court, and solicitors, who have rights of audience in the lower courts, unless a certificate of advocacy is obtained, which allows a solicitor advocate to represent clients in the superior courts also. There is no such distinction in American law. In superior courts, generally only barristers or advocates have a right of audience. Depending on jurisdiction, solicitors may have a right of audience in the County Court, magistrates' courts and justice of the peace courts. Further, a person appearing in court without legal representation has a right of audience but a person who is not a lawyer that assists a party to a legal matter in court does not have a right of audience. See ''D v S (Rights of Audience)'' 9972 FCR 217 Engla ...
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Intra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of powers ...
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Lieutenant-Governor (Canada)
In Canada, a lieutenant governor (; French asculine , or eminine ) is the viceregal representative in a provincial jurisdiction of the . On the advice of his or her prime minister, the Governor General of Canada appoints the lieutenant governors to carry out most of the monarch's constitutional and ceremonial duties for an unfixed period of time—known as serving '' at Excellency's pleasure''—though five years is the normal convention. Similar positions in Canada's three territories are termed '' Commissioners'' and are representatives of the federal government, not the monarch directly. The offices have their roots in the 16th and 17th century colonial governors of New France and British North America, though the present incarnations of the positions emerged with Canadian Confederation and the ''British North America Act'' in 1867, which defined the viceregal offices as the "Lieutenant Governor of the Province acting by and with the Advice the Executive Council thereof." ...
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Governor-General Of Canada
The governor general of Canada (french: gouverneure générale du Canada) is the federal viceregal representative of the . The is head of state of Canada and the 14 other Commonwealth realms, but resides in oldest and most populous realm, the United Kingdom. The , on the Advice (constitutional), advice of Canadian prime minister, appoints a Governor-General, governor general to carry on the Government of Canada in the 's name, performing most of constitutional and ceremonial duties. The commission is for an indefinite period—known as serving ''at Majesty's pleasure''—though five years is the usual length of time. Since 1959, it has also been traditional to alternate between French language in Canada, francophone and English language in Canada, anglophone officeholders—although many recent governors general have been bilingual. The office began in the 17th century, when the French crown appointed governors of the Canada (New France), colony of Canada. Following the ...
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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 and ...
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