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R V Pritchard
''R v Pritchard'' (1836) 7 C. & P. 303, remains a leading case in the law of England and Wales on assessing a defendant's fitness to plead In the law of England and Wales, fitness to plead is the capacity of a defendant in criminal proceedings to comprehend the course of those proceedings. The concept of fitness to plead also applies in Scots law, Scots and Law of the Republic of Irel ....Archbold Criminal Pleading, Evidence and Practice 2014, at 4-235, page 431 The ruling reported is that of Edward Hall Alderson, cited as Alderson B. by reference to his honorary title of Baron. The case is within the Carrington & Payne's Nisi Prius Reports which are no longer widely available. The importance of the case was the setting out of the following questions for the jury to answer in determining a defendant's sanity: If there was no sure way to communicate to the defendant the details of the evidence so that he could understand them and be able properly to advance his defence then t ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law ...
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Fitness To Plead
In the law of England and Wales, fitness to plead is the capacity of a defendant in criminal proceedings to comprehend the course of those proceedings. The concept of fitness to plead also applies in Scots law, Scots and Law of the Republic of Ireland, Irish law."During the period 1946 to 1962 ... 34 were found insane and unfit to plead" Its United States equivalent is Competence (law), competence to stand trial. Test If the issue of fitness to plead is raised, a judge is able to find a person unfit to plead. This is usually done based on information following a psychiatric evaluation. In England and Wales the legal test of fitness to plead is based on the ruling of Edward Alderson (judge), Alderson B. in ''R v Pritchard''. The accused will be unfit to plead if they are unable: * to comprehend the course of proceedings on the trial, so as to make a proper defence; or * to know that they might challenge any jurors to whom they may object; or * to comprehend the evidence; or * to g ...
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Edward Alderson (judge)
Sir Edward Hall Alderson (baptised 11 September 1787 – 27 January 1857) was an English lawyer and judge whose many judgments on commercial law helped to shape the emerging British capitalism of the Victorian era.Hedley (2004) He was a Baron of the Exchequer and so held the honorary title Baron Alderson, in print Alderson, B. Early life Born in Great Yarmouth, Alderson was the eldest son of Robert (died 1833), a barrister and recorder, and Elizabeth ''née'' Hurry who died in 1791. Alderson suffered an unstable childhood, variously living with relatives, unhappily attending Charterhouse School but, more positively, being tutored by Edward Maltby. He was an able student of mathematics and classics at Gonville and Caius College, Cambridge, about to take exams he heard of the sad death of his sister Isabella. A year later in 1809 he graduated as senior wrangler, First Smith's prize, was First Medallist, and Chancellor's Gold Medallist. During free time he became an ardent d ...
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Baron
Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knight, but lower than a viscount or count. Often, barons hold their fief – their lands and income – directly from the monarch. Barons are less often the vassals of other nobles. In many kingdoms, they were entitled to wear a smaller form of a crown called a '' coronet''. The term originates from the Latin term , via Old French. The use of the title ''baron'' came to England via the Norman Conquest of 1066, then the Normans brought the title to Scotland and Italy. It later spread to Scandinavia and Slavic lands. Etymology The word ''baron'' comes from the Old French , from a Late Latin "man; servant, soldier, mercenary" (so used in Salic law; Alemannic law has in the same sense). The scholar Isidore of Seville in th ...
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Carrington And Payne's Reports
Reports of Cases at Nisi Prius, in the Queen's Bench, Common Pleas, and Exchequer, together with Cases tried in the Central Criminal Court, and on the Circuit, from Michaelmas Term, 1823, to Easter Term, 1841 is the title of a collection of nominate reports by F A Carrington and J Payne, of cases decided between approximately 1823 and 1841.Index Chart issued for the English Reports, 1930, Stevens & Sons Ltd. (London), W. Green & Son, Ltd. (Edinburgh). Page 6. They were published in nine royal octavo volumesMarvin, J.G. Legal Bibliography, or a thesaurus of American, English, Irish and Scotch law books:together with some continental treatises. T & J W Johnson. 1847. Page 175 from 1825 to 1841, by S Sweet. They are also known as Carrington and Payne's Reports. For the purpose of citation, their name may be abbreviated to "C & P" or "Car & P". Volume 1 of Carrington and Payne's Reports is reprinted in volume 171 of the English Reports. Volumes 2 to 6 of Carrington and Payne's Reports ...
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1836 In British Law
Events January–March * January 1 – Queen Maria II of Portugal marries Prince Ferdinand Augustus Francis Anthony of Saxe-Coburg-Gotha. * January 5 – Davy Crockett arrives in Texas. * January 12 ** , with Charles Darwin on board, reaches Sydney. ** Will County, Illinois, is formed. * February 8 – London and Greenwich Railway opens its first section, the first railway in London, England. * February 16 – A fire at the Lahaman Theatre in Saint Petersburg kills 126 people."Fires, Great", in ''The Insurance Cyclopeadia: Being an Historical Treasury of Events and Circumstances Connected with the Origin and Progress of Insurance'', Cornelius Walford, ed. (C. and E. Layton, 1876) p76 * February 23 – Texas Revolution: The Battle of the Alamo begins, with an American settler army surrounded by the Mexican Army, under Santa Anna. * February 25 – Samuel Colt receives a United States patent for the Colt revolver, the first revolving barrel multishot firearm ...
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1836 In Case Law
Events January–March * January 1 – Queen Maria II of Portugal marries Prince Ferdinand Augustus Francis Anthony of Saxe-Coburg-Gotha. * January 5 – Davy Crockett arrives in Texas. * January 12 ** , with Charles Darwin on board, reaches Sydney. ** Will County, Illinois, is formed. * February 8 – London and Greenwich Railway opens its first section, the first railway in London, England. * February 16 – A fire at the Lahaman Theatre in Saint Petersburg kills 126 people."Fires, Great", in ''The Insurance Cyclopeadia: Being an Historical Treasury of Events and Circumstances Connected with the Origin and Progress of Insurance'', Cornelius Walford, ed. (C. and E. Layton, 1876) p76 * February 23 – Texas Revolution: The Battle of the Alamo begins, with an American settler army surrounded by the Mexican Army, under Santa Anna. * February 25 – Samuel Colt receives a United States patent for the Colt revolver, the first revolving barrel multishot firearm. * March 1 ...
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