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Bar (law)
In law, the bar is the legal profession as an institution. The term is a metonym for the line (or "bar") that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers. In the United Kingdom, the term "the bar" refers only to the professional organization for barristers (referred to in Scotland as advocates); the other type of UK lawyer, solicitors, have their own body, the Law Society. Correspondingly, being "called to the bar" refers to admission to the profession of barristers, not solicitors. Courtroom division The origin of the term ''bar'' is from the barring furniture dividing a medieval European courtroom, which defined the areas restricted to lawyers and court personnel from which the general public was excluded. Within most modern courts of the U.S., Europe and many other countries, the bar continues to be represented by a physical partition, such as a railing or barrier. The area behind the bar i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admission To The Bar In The United States
Admission to the bar in the United States is the granting of permission by a particular court system to a lawyer to practice law in the jurisdiction. Each U.S. state and jurisdiction (e.g. territories under federal control) has its own court system and sets its own rules and standards for bar admission. In most cases, a person is admitted or called to the bar of the highest court in the jurisdiction and is thereby authorized to practice law in the jurisdiction. Federal courts, although often overlapping in admission requirements with states, include additional steps for admission. Typically, lawyers seeking admission to the bar of one of the U.S. states must earn a Juris Doctor degree from a law school approved by the jurisdiction, pass a bar exam and professional responsibility examination, and undergo a character and fitness evaluation, with some exceptions to each requirement. A lawyer admitted in one state is not automatically allowed to practice in any other. Some st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bench (law)
Bench used in a legal context can have several meanings. First, it can simply indicate the location in a courtroom where a judge sits. Second, the term bench is a metonym used to describe members of the judiciary collectively, or the judges of a particular court, such as the King's Bench or the Common Bench in England and Wales, or the federal bench in the United States. Third, the term is used to differentiate judges, who are referred to as "the bench", from attorneys or barristers, who are referred to as " the bar". The phrase "bench and bar" denotes all judges and lawyers collectively. The term "full bench" is used when all the judges of a certain court sit together to hear a case, as in the phrase "before the full bench", which is also referred to as . The historical roots of the term come from judges formerly having sat on long seats or benches (freestanding or against a wall) when presiding over a court. The bench is usually an elevated desk area that allows a ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Junior Barrister
A junior barrister is a barrister who has not yet attained the rank of King's Counsel. Although the term is archaic and not commonly used, junior barristers (or "juniors") can also be referred to as utter barristers derived from "outer barristers" or barristers of the outer bar, in distinction to King's Counsel at the inner bar. They may also be referred to as stuff gownsmen, in contradistinction to the silk gowns worn by King's Counsel (who are therefore also known as "silks"). When students are called to the bar in jurisdictions which maintain barristers as a separate profession, they are said to be "called to the Degree of an Utter Barrister..." on their certificate of call. This reflects that in English court rooms King's Counsel sits one row further forward than junior barristers (historically, the Attorney General sits one row further forward still, although the Attorney General appears so rarely in court in modern times that the convention has largely been abandoned ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
King's Counsel
A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarch is a woman, the title is Queen's Counsel (QC). The position originated in England and Wales. Some Commonwealth countries have retained the designation, while others have either abolished the position or renamed it so as to remove monarchical connotations — for example, "Senior Counsel" or "Senior Advocate". Appointment as King's Counsel is an office recognised by courts. Members in the UK have the privilege of sitting within the inner Bar (law), bar of court. As members wear silk gowns of a particular design, appointment as King's Counsel is known informally as ''taking silk'' and KCs are often colloquially called ''silks''. Appointments are made from within the legal profession on the basis of merit and not a particular level of expe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Call To The Bar
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to the bar". "The bar" is now used as a collective noun for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs. Like many other common law terms, the term originated in England in the Middle Ages, and the ''call to the bar'' refers to the summons issued to one found fit to speak at the "bar" of the royal courts. In time, English judges allowed only legally qualified men to address them on the law and later delegated the qualification and admission of barristers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solicitors
A solicitor is a lawyer 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 in South Africa, attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barrister A barrister is a type of lawyer in common law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Advocates
An advocate is a professional in the field of law. Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "advocate" indicates a lawyer of superior classification. "Advocate" is in some languages an honorific for lawyers, such as " Adv. Sir Alberico Gentili". "Advocate" also has the everyday meaning of speaking out to help someone else, such as patient advocacy or the support expected from an elected politician; this article does not cover those senses. Europe United Kingdom and Crown dependencies England and Wales In England and Wales, Advocates and proctors practiced civil law in the Admiralty Courts and also, but in England only, in the ecclesiastical courts of the Church of Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barristers
A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprudence, researching the law and giving legal opinions. Barristers are distinguished from solicitors and other types of lawyers (e.g. chartered legal executives) who have more direct access to clients, and may do transactional legal work. In some legal systems, including those of Anglo-Dutch law, South Africa, Stockholm Institute for Scandinavian Law#Scandinavian Law, Scandinavia, Law of Pakistan, Pakistan, Law of India, India, Law of Bangladesh, Bangladesh and the Crown Dependencies of Law of Jersey, Jersey, Guernsey#Politics, Guernsey and the Manx Law, Isle of Man, ''barrister'' is also regarded as an honorific. In a few jurisdictions barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of ano ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
