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Allocatur
In law, ''allocatur'' (from med. Lat. ''allocatur'', "it is allowed") refers to the allowance of a writ or other pleading.Henry Campbell Black, ''Black's Law Dictionary (Second Edition)'' (1910), p. 60. It may also designate a certificate given by a taxing master, at the termination of an action, for the allowance of costs. The 1910 ''Black's Law Dictionary (Second Edition)'' described it as: "A word formerly used to denote that a writ or order was allowed", as well as a word "denoting the allowance by a master or prothonotary of a bill referred for his consideration, whether touching costs, damages, or matter of account". The dictionary also defined a "Special allocatur" as the "special allowance of a writ (particularly a writ of error) which is required in some particular cases" and an "Allocatur exigent" as a kind of writ "anciently issued in outlawry proceedings, on the return of the original writ of exigent". Pennsylvania In Pennsylvania courts, the term is still commonly us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writs, 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 Feudalism in England, feudal era, a military summons by the king to one of his tenant-in-chief, tenants-in-chief to appear dressed for battle with retinue at a specific 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 of Canada, Governor General and, in Australia, by the Governor-General of Australia, Governor-General for elections for the House of Representatives, or state gove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement of one party's claims or defenses in response to another party's complaint(s) in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action. The Civil Procedure Rules (CPR) govern pleading in England and Wales. Federal Rules of Civil Procedure govern pleading in United States federal courts. Each state in the United States has its own statutes and rules that govern pleading in the courts of that state. Examples Under the Federal Rules of Civil Procedure a '' complaint'' is the first pleading in American law filed by a plaintiff which initiates a lawsuit. A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause). In some situations, a complaint is called a ''petition'', i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West Publishing, with the full title ''A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems''. A second edition was published in 1910 as ''A Law Dictionary''. Black died in 1927 and future editions were titled ''Black's Law Dictionary''. The sixth and earlier editions of the book additionally provided case citations for the term cited, which was viewed by lawyers as its most useful feature, providing a useful starting point with leading cases. The development of the Internet made lega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prothonotary
A prothonotary is the "principal clerk of a court," from Late Latin, L.L. ''prothonotarius'' (Wiktionary:circa, c. 400), from Greek ''protonotarios'' "first scribe," originally the chief of the college of recorders of the court of the Byzantine Empire, from Greek language, Greek ' ''protos'' "first" + Latin ''notarius'' ("notary"); the ''h'' appeared in Medieval Latin. The title was awarded to certain high-ranking Solicitor, notaries, and was first recorded in the English language in 1447. = Usage = Byzantine Empire The office of ''prōtonotarios'' (), also ''proedros'' or ''primikerios, primikērios'' of the ''notarioi'', existed in mid-Byzantine Empire, 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 ''Theme (Byzan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Outlawry
An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so anyone was legally empowered to persecute or kill them. Outlawry was thus one of the harshest penalties in the legal system. In early Germanic law, the death penalty is conspicuously absent, and outlawing is the most extreme punishment, presumably amounting to a death sentence in practice. The concept is known from Roman law, as the status of '' homo sacer'', and persisted throughout the Middle Ages. A secondary meaning of outlaw is a person systematically avoiding capture by evasion and violence. These meanings are related and overlapping but not necessarily identical. A fugitive who is declared outside protection of law in one jurisdiction but who receives asylum and lives openly and obedient to local laws in another jurisdiction is an outlaw in the first meaning but not the second (one exa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pennsylvania
Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions of the United States. It borders Delaware to its southeast, Maryland to its south, West Virginia to its southwest, Ohio and the Ohio River to its west, Lake Erie and New York (state), New York to its north, the Delaware River and New Jersey to its east, and the Provinces and territories of Canada, Canadian province of Ontario to its northwest via Lake Erie. Pennsylvania's most populous city is Philadelphia. Pennsylvania was founded in 1681 through a royal land grant to William Penn, the son of William Penn (Royal Navy officer), the state's namesake. Before that, between 1638 and 1655, a southeast portion of the state was part of New Sweden, a Swedish Empire, Swedish colony. Established as a haven for religious and political tolerance, the B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Legal Terminology
Latin ( or ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally spoken by the Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, including English, having contributed many words to the English lexicon, particularly after the Christianization of the Anglo-Saxons and the Norman Conquest. Latin roots appear frequently in the technical vocabulary used by fields such as theology, the sciences, medicine, and law. By the late Roman Republic, Old Latin had evolved into standardized Classical Latin. Vulgar Latin refers to the less prestigious colloquial registers, attested in inscriptions and some literary works such as those of the comic playwrights Plautus and Terence and the author Petronius. While ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
