Master (judiciary)
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Master (judiciary)
A master is a judge of limited jurisdiction in the superior courts of England and Wales and in numerous other jurisdictions based on the common law tradition. A master's jurisdiction is generally confined to civil proceedings and is a subset of that of a superior court judge or justice. Masters are typically involved in hearing specialized types of trials, case management, and in some jurisdictions dispute resolution or adjudication of specific issues referred by judges. Besides the courts of England and Wales, masters may be found in the Republic of Ireland, Australia, New Zealand, Hong Kong, several Caribbean countries and a number of Canadian provinces. Several state courts in the United States utilize masters or similar officers and also make extensive use of special masters. In some jurisdictions such as the Federal Court in Canada the office of Prothonotary is similar to that of the master. In some countries, the office of master has been renamed to Associate Judge. To d ...
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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 ...
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Court Of King's Bench Of Alberta
The Court of King's Bench of Alberta (abbreviated in citations as ABKB or Alta. K.B.) is the superior court of the Canadian province of Alberta. Until 2022, it was named Court of Queen's Bench of Alberta. The Court of Queen's Bench in Calgary was relocated to the Calgary Courts Centre in 2007. The Court of King's Bench has been located at the Law Courts building in Edmonton since the 1970s. History The court originates from the old Supreme Court of the Northwest Territories. Two years after Alberta became a province in 1905, the court was reorganized as the Supreme Court of Alberta and several lower district courts possessing a more limited jurisdiction. In 1921, the Supreme Court was reorganized to have an independent trial division (Supreme Court of Alberta Trial Division), and an independent appellate division (Supreme Court of Alberta Appellate Division), the precursor to the Court of Appeal of Alberta. On June 30, 1979, the Supreme Court Trial Division was renamed as "Court ...
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Registrar (law)
The registrar is a chief executive officer of a judicial forum. They are in charge of the entire registry of the department. In common law jurisdictions, registrars are usually judicial officers with the power to hear certain civil matters such as interlocutory applications and assessment of damages. In some jurisdictions, they may also hear trials of cases if both parties consent. Registrars are assisted by deputy-registrars, who in 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 omnipresen ... jurisdictions are sometimes called masters. The registrar is the chief administrator of the department, normally they happen to be the head of the department. The posts of the registrar are generally created in a judicial forums such as tribunals, high courts and supreme courts and in educa ...
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Special Master
In the law of the United States, a special master is generally a subordinate official appointed by a judge to ensure judicial orders are followed, or in the alternative, to hear evidence on behalf of the judge and make recommendations to the judge as to the disposition of a matter. The special master should not be confused with the traditional common law concept of a master, a judge of the High Court entrusted to deal with summary and administrative matters falling short of a full trial. In the federal judiciary of the United States, a special master is an adjunct to a federal court. Rule 53 of the Federal Rules of Civil Procedure allows a federal court to appoint a special master, with the consent of the parties, to conduct proceedings and report to the Court. Role The role of the special master, who is frequently but not necessarily an attorney, is to supervise those falling under the order of the court to ensure that the court order is being followed and to report on the ac ...
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High Court Of Fiji
The High Court of Fiji is one of three courts that was established by Chapter 9 of the 1997 Constitution of Fiji — the others being the Court of Appeal and the Supreme Court. The Constitution empowered Parliament to create other courts; these were to be subordinate to the High Court, which was authorized to oversee all proceedings of such courts. The High Court had unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other original jurisdiction as is conferred on it under the Constitution. The High Court consists of the Chief Justice and at least ten (and no more than eighteen) puisne judges. Parliament may also allow for junior judges, called Masters of the High Court, to sit on the High Court. Section 129 of the Constitution declares that ''"A judge who has sat in a trial of a matter that is the subject of appeal to a higher court must not sit in the appeal."'' As the membership of the High Court overlaps to a large ...
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High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ...
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Prothonotary
The word prothonotary is recorded in English since 1447, as "principal clerk of a court," from L.L. ''prothonotarius'' ( c. 400), from Greek ''protonotarios'' "first scribe," originally the chief of the college of recorders of the court of the Byzantine Empire, from Greek ' ''protos'' "first" + Latin ''notarius'' ("notary"); the -h- appeared in Medieval Latin. The title was awarded to certain high-ranking notaries. Byzantine usage The office of ''prōtonotarios'' ( el, πρωτονοτάριος), also ''proedros'' or '' primikērios'' of the ''notarioi'', existed in mid-Byzantine (7th through 10th centuries) administration as head of the colleges of the ''notarioi'' in various administrative departments. There were ''prōtonotarioi'' of the imperial ''notarioi'' (secretaries of the court), of the various ''sekreta'' or ''logothesia'' (government ministries), as well as for each '' thema'' or province.* The latter appeared in the early 9th century and functioned as the chief c ...
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Judge's Chambers
A judge's chambers is the office of a judge, where the judge may hear certain types of cases, instead of in open court. Description A judge's chambers is the office of a judge, where certain types of matters can be heard "in chambers", also known as ''in camera'', rather than in open court. Generally, cases heard in chambers are cases, or parts of cases, in which the public and press are not allowed to observe the procedure.Eugene Ehrlich, ''Amo, Amas, Amat and More'', p. 151. Judge's chambers are often located on upper floors of the courthouse, away from the courtrooms, sometimes in groupings of judge's chambers; however, they may also be directly adjacent to the courtroom to which the judge is assigned. In some jurisdictions, a courtroom, rather than the judge's actual chambers, is used to hear matters "in chambers". Such courtrooms may also be called "chambers". History In English legal history, there was no such statutory sanction for the process before 1821, though the c ...
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Interlocutory
Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an issue. Thus, an interlocutory order is not final and is not subject to immediate appeal. In many U.S. legal systems, interlocutory orders are not appealable, save for in a few extraordinary cases. Interlocutory orders are orders that are issued by a court while a case is still ongoing, before the final resolution of the case. When the case is concluded, any aspect of an interlocutory order that has not become moot may be challenged in an appeal from the final judgment. However, in other legal systems, such as in England and Wales, in Hong Kong, and in Canada, interlocutory orders in civil matters can be appealed by leave of the appellate court. In criminal matters in Canada, the general rule is that there are no interlocutory appeals, exce ...
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Constitution Of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the ''Constitution Act, 1982'', the Canadian Constitution consists of the ''Canada Act 1982'' (which includes the ''Constitution Act, 1982''), acts and orders referred to in its schedule (including in particular the ''Constitution Act, 1867'', formerly the ''British North America Act, 1867''), and any amendments to these documents. The Supreme Court of Canada has held that the list is not exhaustive and also includes a number of pre-confederation acts and unwritten components ...
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Government Of Canada
The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown-in-Council''; the legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ..., as the ''Crown-in-Parliament''; and the courts, as the ''Crown-on-the-Bench''. Three institutions—the Privy Council ( conventionally, the Cabinet); the Parliament of Canada; and the Judiciary of Canada, judiciary, respectively—exercise the powers of the Crown. The term "Government of Canada" (french: Gouvernement du Canada, links=no) more commonly refers specifically to the executive—Minister of the Crown, ministers of the Crown (the Cabinet) and th ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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