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R V Hay
''R v Hay'' (1860) was an English robbery trial argued by R. S. Nolan as suggesting a narrow priest–peninent privilege exists in England and Wales, such that the court did not require the priest to disclose any conversation which may have occurred, but on the facts of the case, imprisoned him for not stating who handed a stolen item to him by way of restitution to the victim of a robbery, the priest not having denied he knew the identity of the person who handed it to him. Facts The case was tried before Mr Justice Hill at Durham Assizes. The complainant alleged that he had been robbed of his watch by the defendant and another man. A police inspector then received the watch from Father Kelly, a priest in the neighbourhood, upon his calling at the presbytery. Kelly was summoned as a witness by the prosecutor, and as the oath was about to be administered to him he objected to its form, not, he explained, to that part of it which required him to tell the truth and nothing but t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assize Court
The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both civil and criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, which were committed to it by the quarter sessions (local county courts held four times per year), while the more minor offences were dealt with summarily by justices of the peace in petty sessions (also known as magistrates' courts). The word ''assize'' refers to the sittings or sessions (Old French ''assises'') of the judges, known as "justices of assize", who were judges who travelled across the seven circuits of England and Wales on commissions of " oyer and terminer", setting up court and summoning juries at the various assize towns. Etymology Middle English < |
Jury Instructions
Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial. Description Jury instructions are the set of legal rules governing how jurors should behave when deciding a case, often addressing with whom jurors may discuss the case and how jurors will decide who is guilty. They are a type of jury control procedure, intended to mitigate potential actions of jurors that may prevent a fair trial; the judge provides these instructions to ensure their interests are represented and nothing prejudicial is said. Use United States Under the American judicial system, juries are often the trier of fact when they serve in a trial. In other words, it is their job to sort through disputed accounts presented in evidence. The judge decides questions of law, meaning he or she decides how the law applies to a given set of facts. Jury instructions are given to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Priest–penitent Privilege In England
The doctrine of priest–penitent privilege does not appear to apply in English law. The orthodox view is that under the law of England and Wales privileged communication exists only in the context of legal advice obtained from a professional adviser. A statement of the law on priest–penitent privilege is contained in the nineteenth century case of ''Wheeler v. Le Marchant'': Justification of the rule The foundation of the rule protecting communications to attorneys and counsel was stated by Henry Brougham, 1st Baron Brougham and Vaux, Lord Chancellor, in an exhaustive judgment on the subject in the case of ''Greenough v. Gaskell'' (1833) 1 Mylne & Keen 103, to be the necessity of having the aid of men skilled in jurisprudence for the purpose of the administration of justice. It was not, he said, on account of any particular importance which the law attributed to the business of people in the legal profession or of any particular disposition to afford them protection, though it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Durham Assizes
The palatine courts of Durham were a set of courts that exercised jurisdiction within the County Palatine of Durham. The bishop purchased the wapentake of Sadberge in 1189, and Sadberge's initially separate institutions were eventually merged with those of the County Palatine.; The Bishop of Durham was the supreme judge of all the courts of Durham, both ecclesiastical and temporal, by virtue of the privileges of his palatinate. Free courts The Court of Pleas probably developed from the free court of the Bishop of Durham. There was also a free court of the Prior of Durham.Constance M Fraser, "The Free Court of the Priors of Durham" in Christian Drummond Liddy (ed). The Bishopric of Durham in the Late Middle Ages: Lordship, Community and the Cult of St Cuthbert. The Boydell Press. Woodbridge. 2008p 111 Chancery This court was abolished by the Courts Act 1971. Courts of common law Court of Pleas This court was abolished by the Supreme Court of Judicature Act 1873. Assizes The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Among the ty ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow. Etymology The word come from Anglo-Saxon ' judicial swearing, solemn appeal to deity in witness of truth or a promise," from Proto-Germanic '' *aiþaz'' (source also of Old Norse eiðr, Swedish ed, Old Saxon, Old Frisian eth, Middle Dutch eet, Dutch eed, German Eid, Gothic aiþs "oath"), from PIE *oi-to- "an oath" (source also of Old Irish oeth "oath"). Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may ultimately b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness Box
A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual technology to permit everyone present to clearly hear testimony and see exhibits. By country United States The judge generally sits behind a raised desk, known as the '' bench''. Behind the judge are the great seal of the jurisdiction and the flags of the appropriate federal and state governments. Judges usually wear a plain black robe (a requirement in many jurisdictions). An exception was the late U.S. Supreme Court Chief Justice William Rehnquist, who broke tradition by adorning his robe with four gold stripes on each sleeve. (Rehnquist reportedly said that he had been inspired to add the stripes by his having seen such stripes worn by the character of the judge, in a local production of the Gilbert and Sullivan comic operatic spoof ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Catholic Encyclopedia
The ''Catholic Encyclopedia: An International Work of Reference on the Constitution, Doctrine, Discipline, and History of the Catholic Church'' (also referred to as the ''Old Catholic Encyclopedia'' and the ''Original Catholic Encyclopedia'') is an English-language encyclopedia published in the United States and designed to serve the Catholic Church. The first volume appeared in March 1907 and the last three volumes appeared in 1912, followed by a master index volume in 1914 and later supplementary volumes. It was designed "to give its readers full and authoritative information on the entire cycle of Catholic interests, action and doctrine". The ''Catholic Encyclopedia'' was published by the Robert Appleton Company (RAC), a publishing company incorporated at New York in February 1905 for the express purpose of publishing the encyclopedia. The five members of the encyclopedia's Editorial Board also served as the directors of the company. In 1912 the company's name was changed t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or '' mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constance Kent Case
Constance may refer to: Places * Konstanz, Germany, sometimes written as Constance in English *Constance Bay, Ottawa, Canada * Constance, Kentucky *Constance, Minnesota *Constance (Portugal) *Mount Constance, Washington State People *Constance (given name), female given name, also includes list of people with the name *Andrew Constance (born 1973), Australian politician * Angela Constance (born 1970), Scottish politician *Ansley Constance (born 1966), Seychelles politician *Lincoln Constance (1909–2001), American botanist * Nathan Constance (born 1979), English actor Other * ''Constance'' (album), a 2000 album by Southpacific * ''Constance'' (film), a 1998 erotic film directed by Knud Vesterskov * ''Constance'' (magazine), arts and literature magazine based in New Orleans * ''Constance'' (novel), 1982 novel by Lawrence Durrell *Constance Billard School for Girls, a fictional private school in ''Gossip Girl'' * HMS ''Constance'', six ships of the British Royal Navy *, later US ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
