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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 immedia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 of a publ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 territorial jurisdiction, jurisdiction, solicitors may have a right of audience in the County Court, magistrates' court (England and Wales), magistrates' courts and justice of the peace courts. Further, a Litigant in person, person appearing in court without legal representation has a right of audience but a McKenzie friend, person who is not a lawyer that assists a party to a legal matte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intra Vires
('beyond the powers') is a List of Latin phrases, 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: * Company, Companies and other legal persons sometimes have limited capacity (law), 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. * Primary and secondary legislation, 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 l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 of Canadian prime minister, appoints a 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 francophone and 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 colony of Canada. Following the British conquest of the colony, the British monarch appointed governors of the Province of Quebec (later the Canadas) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Simon (MP, Born 1818)
Sir John Simon, SL (9 December 1818 – 24 June 1897) was a British serjeant-at-law and Liberal Party politician. Biography Simon was born at Montego Bay, Jamaica, the son of Isaac Simon. He was sent to England in 1833 to a school in Liverpool. He also studied Hebrew as he wanted to become a rabbi, but he entered the law instead. He graduated from the University of London in 1841 and was called to the bar at the Middle Temple in 1842. He went to Jamaica after his marriage to Rachel Salaman in 1843 and practised law briefly at Spanish Town until returning to England later in 1843 for his wife's health. He became successful on the Northern Circuit, and in the superior courts in London and in 1864 he was created a serjeant-at-law. He was frequently a judge in Manchester and Liverpool, and at the City of London Court. He was granted a patent of precedence in 1868, giving him place and precedence immediately after those Queen's Counsel already created. Simon was elected as MP ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
King's Bench Division
The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on points of law from magistrates' courts and from the Crown Court. These are known as appeals by way of case stated, since the questions of law are considered solely on the basis of the facts found and stated by the authority under review. Specialised courts of the King's Bench Division include the Administrative Court, Technology and Construction Court, Commercial Court, and the Admiralty Court. The specialised judges and procedures of these courts are tailored to their type of business, but they are not essentially different from any other court of the King's Bench Division. Appeals from the High Court in civil matters are made to the Court of Appeal (Civil Division); in criminal matters appeal from the Divisional Court is made only to the S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Walter Phillimore, 1st Baron Phillimore
Walter George Frank Phillimore, 1st Baron Phillimore, (21 November 1845 – 13 March 1929), known as Sir Walter Phillimore, 2nd Baronet, from 1885 to 1918, was a British lawyer and judge. Biography Phillimore was the son of Sir Robert Phillimore, 1st Baronet, and of Charlotte Phillimore (''née'' Denison). His mother was the sister of Evelyn Denison, 1st Viscount Ossington and of Edward Denison. He was educated at Westminster School and Christ Church, Oxford, where he held a studentship. At Oxford he took Firsts in Classics, Law, and Modern History, was Secretary and Treasurer of the Oxford Union, and was awarded the Vinerian Scholarship. He was also elected a fellow of All Souls College, Oxford. He was called to the bar by the Middle Temple in 1868, and joined the Western Circuit. Phillimore was an eminent ecclesiastical lawyer, and mostly practiced in front of ecclesiastical and admiralty courts, seldom appearing in front of the common law courts. He was involved in many f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the 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. 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 Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Serjeants-at-law
A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France before the Norman Conquest, thus the Serjeants are said to be the oldest formally created order in England. The order rose during the 16th century as a small, elite group of lawyers who took much of the work in the central common law courts. With the creation of Queen's Counsel (or "Queen's Counsel Extraordinary") during the reign of Elizabeth I, the order gradually began to decline, with each monarch opting to create more King's or Queen's Counsel. The Serjeants' exclusive jurisdictions were ended during the 19th century and, with the Judicature Act 1873 coming into force in 1875, it was felt that there was no need to have such figures, and no more were created. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Order Of Precedence
An order of precedence is a sequential hierarchy of nominal importance and can be applied to individuals, groups, or organizations. Most often it is used in the context of people by many organizations and governments, for very formal and state occasions, especially where diplomats are present. It can also be used in the context of decorations, medals and awards. Historically, the order of precedence had a more widespread use, especially in court and aristocratic life. A person's position in an order of precedence is not necessarily an indication of functional importance, but rather an indication of ceremonial or historical relevance; for instance, it may dictate where dignitaries are seated at formal dinners. The term is occasionally used to mean the order of succession—to determine who replaces the head of state in the event they are removed from office or incapacitated—as they are often identical, at least near the top. What follows are the general orders of precedence ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
