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Bill Of Middlesex
The Bill of Middlesex was a legal fiction used by the Court of King's Bench to gain jurisdiction over cases traditionally in the remit of the Court of Common Pleas. Hinging on the King's Bench's remaining criminal jurisdiction over the county of Middlesex, the Bill allowed it to take cases traditionally in the remit of other common law courts by claiming that the defendant had committed trespass in Middlesex. Once the defendant was in custody, the trespass complaint would be quietly dropped and other complaints (such as debt or detinue) would be substituted. The bill was part of a large reform movement to prevent equitable courts such as the Court of Chancery from undermining their business. It was far cheaper and faster than the older equivalents used by the Chancery and Common Pleas, leading to a drop in their business and an increase in that of the King's Bench. As such, the Chancery issued injunctions in an ineffective attempt to prevent its use. The bill was finally abol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of King's Bench
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To rec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Praecipe
Writs of praecipe (imperative of the Latin ''wikt:praecipio, praecipio'' ("I order"), thus meaning "order [this]") are a widespread feature of the common law tradition, generally involving the instigation of some form of swift and peremptory action. Early development The word ''praecipe'' moved from the Roman Empire into the medieval Latin of the English Chancery (medieval office), Chancery, and so reached English law. In the twelfth century, writs praecipe, addressed to sheriffs, emerged as the swiftest way to bring legal disputes to the royal courts. While the so-called possessory assizes, such as Assize of novel disseisin, novel disseisin, had marked a great advance in royal justice, they proved too rigid for the full complexities of land law, and so had to be supplemented by more specialised praecipe writs, such as praecipe for dower, or praecipe quod reddat. The latter, one of the so-called writs of entry, was singled out in Magna Carta Ch 34 by the barons in an attempt (largel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edmund Anderson (judge)
Sir Edmund Anderson (15301 August 1605), Chief Justice of the Common Pleas under Elizabeth I, sat as judge at the trial of Mary, Queen of Scots. Life The Anderson family originated in Scotland and then came to Northumberland. They settled in Lincolnshire in the 14th century and became a prominent family there. Sir Edmund Anderson, son of Edward Anderson, was born in Flixborough in Lincolnshire c. 1530. He received the first part of his education in the country and then spent a brief period at Lincoln College, Oxford, before entering the Inner Temple in June 1550. He is recorded to have matriculated at St John's College, Cambridge, in 1549. In 1577, Anderson was created Serjeant-at-Law and in 1578 he was appointed Queen's Sergeant. In 1581 he was appointed Justice of Assize on the Norfolk circuit and tried Edmund Campion and others for high treason in November 1581, securing an unexpected conviction. This set the pattern for the rest of his career: as a judge, he was notorious ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Popham (Lord Chief Justice)
Sir John Popham (c. 1531 – 10 June 1607) of Wellington, Somerset, was Speaker of the House of Commons (1580 to 1583), Attorney General (1581 to 1592) and Lord Chief Justice of England (1592 to 1607). Origins Popham was born in 1531 at Huntworth in the parish of North Petherton, near Bridgwater, in Somerset, the second son of Alexander Popham (c. 1504 – 1556) of Huntworth, twice MP for Bridgwater in 1545 and 1547, by his wife Jane Stradling, a daughter of Sir Edward Stradling (died 1535) of St Donat's Castle, Glamorgan; one of Jane's brothers is Thomas Stradling. St Donat's Castle situated on the south coast of Glamorgan was a short sail across the Bristol Channel into the inland port of Bridgwater on the River Parret. The Popham family had held the manor of Huntworth since the 13th century when Sir Hugh de Popham ( tempore Edward I) (a younger son of the Popham family of the manor of Popham, Hampshire) married Joan de Kentisbury, daughter and heiress of Sir Stephen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice Of The King's Bench
The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English and Welsh courts, surpassed by the lord chancellor, who normally sat in the highest court. The Constitutional Reform Act 2005 changed the roles of judges, creating the position of President of the Supreme Court of the United Kingdom and altering the duties of the lord chief justice and the lord chancellor. The lord chief justice ordinarily serves as president of the Criminal Division of the Court of Appeal and head of criminal justice, meaning its technical processes within the legal domain, but under the 2005 Act can appoint another judge to these positions. The lord chancellor became a purely executive office, with no judicial role. The equivalent in Scotland is the Lord President of the Court of Session, who also holds the post of Lor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Court
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of the deference it will give to the lower court's decision, based on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assumpsit
Assumpsit ("he has undertaken", from Latin, ''assumere''), or more fully, action in assumpsit, was a form of action at common law used to enforce what are now called obligations arising in tort and contract; and in some common law jurisdictions, unjust enrichment. The origins of the action can be traced to the 14th century, when litigants seeking justice in the royal courts turned from the writs of covenant and debt to the trespass on the case. History Fragmentation of actions for breach of agreement In the early days of the English common law, agreements were enforced in local courts. Where one wished to enforce an agreement in the royal courts, it was necessary to fit one's claim within a form of action. In the 13th and 14th centuries the forms of action for the enforcement of agreements were covenant, debt, detinue, and account. These were all writs in the ''praecipe'' form, meaning that they commanded the defendant to perform an act: for example, to keep a promise; to yie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James I Of England
James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until his death in 1625. Although he long tried to get both countries to adopt a closer political union, the kingdoms of Scotland and England remained sovereign states, with their own parliaments, judiciaries, and laws, ruled by James in personal union. James was the son of Mary, Queen of Scots, and a great-great-grandson of Henry VII, King of England and Lord of Ireland, and thus a potential successor to all three thrones. He acceded to the Scottish throne at the age of thirteen months, after his mother was forced to abdicate in his favour. Although his mother was a Catholic, James was brought up as a Protestant. Four regents governed during his minority, which ended officially in 1578, though he did not gain full control of his governmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Pleas
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one another that did not involve the King. The courts of common pleas in England and Ireland were abolished in the 19th century. The only remaining courts retaining the name "court of common pleas" are therefore in the United States: the Courts of Common Pleas of Ohio, Pennsylvania, South Carolina, and Delaware. Of these, the first two are superior trial courts of general jurisdiction, the third is the civil division of the superior trial court of general jurisdiction, and the fourth is an inferior trial court of limited jurisdiction. In all cases, their scope is different from the original Court of Common Pleas at Westminster, as they all have jurisdiction to hear civil matters involving the government, and all but South Carolina's have juri ... [...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] |
Guy Fairfax
Sir Guy Fairfax (died 1495), was an English judge. Fairfax was of a Yorkshire family, and third son of Richard Fairfax of Walton, by his wife, Anastasia, daughter of John Carthorpe. He is mentioned in 1421 as seised of the manor of Hameldene, being then very young. From his father he inherited the manor of Steeton in North Yorkshire, where he built a castle. At first he seems to have been occupied with purely local business. He was in the commission of array for the West Riding in 1435, and in 1460 was commissioned to inquire what lands there were in that riding belonging to Richard, duke of York, who had been attainted in the previous parliament. One of his colleagues was Sir William Plumpton, whose counsel he afterwards was in 1469. He first appears in the year-books in Michaelmas 1463 as a serjeant and member of Gray's Inn. On 28 April 1468 he was appointed King's serjeant, and in 1476 became Recorder of York. He was raised to a judgeship of the King's bench and is firs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas: # '' subpoena ad testificandum'' orders a person to testify before the ordering authority or face punishment. The subpoena can also request that the testimony be given by phone or in person. # '' subpoena duces tecum'' orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to a requesting party or directly to a court. Etymology The term ''subpoena'' is from the Middle English ''suppena'' and the Latin phrase ''sub poena'' meaning "under penalty". It is also spelled "subpena".See, e.g., ; ; ; and . The subpoena has its source in English common law and it is now used almost with universal application throughout the E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
