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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 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] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Association Of Costs Lawyers
The Association of Costs Lawyers (ACL) is a professional association that represents costs lawyers in England and Wales. It was originally established in 1977 as the Association of Law Costs Draftsmen, but the name was changed in January 2011. The ACL became an "authorised body" or legal regulator, specifically for law costs draftsmen, on 1 January 2007. As a consequence of Schedule 4 of the Legal Services Act 2007, the ACL was listed as one of a number of authorised bodies regulating the carrying out of reserved legal activities. Specifically, costs lawyers can conduct costs litigation, and can administer oaths, with rights of audience in all courts in England and Wales. Under Practice Direction 46.5 of the Civil Procedure Rules, a Fellow of the ACL (or a law costs draftsman with membership of The Academy of Experts or the Expert Witness Institute) can be retained by a litigant in person as experts on costs. Organisation The ACL is governed by a Council, consisting of a Ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Society Of England And Wales
The Law Society of England and Wales (officially The Law Society) is the professional association that represents solicitors for the jurisdiction of England and Wales. It provides services and support to practising and training solicitors, as well as serving as a sounding board for law reform. Members of the Society are often consulted when important issues are being debated in Parliament or by the executive. The Society was formed in 1825. The Hall of The Law Society is in Chancery Lane, London, but it also has offices in Cardiff to deal with the Wales jurisdiction and the Senedd, and Brussels, to deal with European Union law. A president is elected annually to serve for one year. The current president is Lubna Shuja, the first Asian and first Muslim president in the organisation's history. The Law Society has nothing to do with barristers in England and Wales. The relevant professional body for barristers is the General Council of the Bar. History The London Law Insti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bar Council
{{see also, Bar association A bar council ( ga, Comhairle an Bharra) or bar association, in a common law jurisdiction with a legal profession split between solicitors and barristers or advocates, is a professional body that regulates the profession of barristers. In such jurisdictions, solicitors are generally regulated by the law society. In common law jurisdictions with no distinction between barristers and solicitors (i.e. where there is a "fused profession"), the professional body may be called variously a ''Law Society'', ''Bar Council'' or a ''bar association''. List of some bar councils and bar associations The following are bar councils and bar associations that are professional bodies for barristers in common law jurisdictions with a split legal profession. * General Council of the Bar, the professional body for England and Wales commonly known as the Bar Council ** Bar Council of Northern Ireland, in Northern Ireland * Australian Bar Association, in Australia **Aust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Access To Justice Act 1999
The Access to Justice Act 1999 is an Act of the Parliament of the United Kingdom. It replaced the legal aid system in England and Wales. It created the Legal Services Commission, replacing the Legal Aid Board, and two new schemes: Community Legal Service to fund civil and family cases, and the Criminal Defence Service for criminal cases. The Act put a cap on the amount spent on civil legal aid. The use of conditional fee agreements, commonly known as "no-win no-fee", was extended to most civil court cases. Rights of appeal Section 54 of the Act both creates and limits rights of appeal. One effect of this, as set out in the UK Supreme Court Practice Direction 1 is "The most important general restriction on rights of appeal is section 54(4) of the Access to Justice Act 1999. The effect of this provision is that the Supreme Court may not entertain any appeal against an order of the Court of Appeal refusing permission for an appeal to the Court of Appeal from a lower court." This acc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts And Legal Services Act 1990
The Courts and Legal Services Act 1990 (c. 41) was an Act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked. The changes introduced in the Act covered a variety of areas. Important changes were made to the judiciary, particularly in terms of appointments, judicial pensions and the introduction of district judges, the arbitration process of Alternative Dispute Resolution and the procedure in the courts, particularly in terms of the distribution of civil business between the High Court and the county courts. The most significant changes were made in the way the legal profession was organised and regulated. The Act broke the monopoly solicitors held on conveyancing work, creating an Authorised Conveyancing Practitioners Boar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, 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. The administration of the Crown Court is conducted by the Her Majesty's Courts and Tribunals Service, Courts and Tribunals Service (HMCTS). Previously conducted across six circuits (Midlands, Midland, Northern Circuit, Northern, North East England, North Eastern, South Eastern Circuit, South Eastern, Wales & Chester and Western Circuit, Western), HMCTS is now divided into seven regions; Midlands, North East, North West, South East, South West, London, and Wales. The Wales region was identified separately, having regard to the devolved legislative powers of the Welsh Go ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts Act 1971
The Courts Act 1971 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. 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. 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 England and Wales. This section has now been superseded by the Senior Courts Act 1981. History ''Report of the Royal Commission on Assizes and Quarter Sessions'' (Sessional Papers, House of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922. The lord chancellor is a member of the Cabinet and is, by law, responsible for the efficient functioning and independence of the courts. In 2005, there were a number of changes to the legal system and to the office of the lord chancellor. Formerly, the lord chancellor was also the presiding officer of the House of Lords, the head of the judiciary of England and Wales and the presiding judge of the Chancery Division of the High Court of Justic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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