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Statute Of Frauds
The Statute of Frauds ( 29 Cha. 2. c. 3) (1677) is an act of the Parliament of England. In its original form it required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and the subornation of perjury. It also required that documents of the courts be signed and dated. Today it is mostly repealed; only section 4 remains, which is about guarantors. History The attested date for the enactment of the Statute of Frauds is 16 April 1677 (New Style). The act is believed to have been primarily drafted by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins. When the Statute of Frauds was originally enacted, its sections and the clauses within section 4 were not numbered. Numbers where added when the act was republished in the '' Statutes at Large''. ''The Statute at Large'', Cambridge Edition published in ...
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Short Title
In certain jurisdictions, including the United Kingdom and other Westminster system, Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of act of Congress, Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be Legal citation, cited. I ...
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Parliament Of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the Great Council of England, great council of Lords Spiritual, bishops and Peerages in the United Kingdom, peers that advised the History of the English monarchy, English monarch. Great councils were first called Parliaments during the reign of Henry III of England, Henry III (). By this time, the king required Parliament's consent to levy taxation. Originally a Unicameralism, unicameral body, a Bicameralism, bicameral Parliament emerged when its membership was divided into the House of Lords and House of Commons of England, House of Commons, which included Knight of the shire, knights of the shire and Burgess (title), burgesses. During Henry IV of England, Henry IV's reign, the role of Parliament expanded beyond the determination of taxation policy to include the "redress of grievances", whi ...
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Leoline Jenkins
Sir Leoline Jenkins (1625 – 1 September 1685) was a Wales, Welsh academic, diplomat involved in the negotiation of international treaties (e.g. Treaties of Nijmegen, Nimègue), jurist and politician. He was a clerical lawyer who served as Judge of the High Court of Admiralty from 1668 to 1685, and enjoyed a high reputation for judicial integrity. As a statesman he served as Secretary of State from 1680 to 1684. Biography He was originally from Llantrisant in south Wales, son of Leoline (an Anglicisation of names, anglicisation of ''Llywelyn (name), Llewellyn'') Jenkins, a small landowner. He himself spoke fluent Welsh language, Welsh, and was fond of quoting Welsh proverbs, sometimes to the bewilderment of his listeners. He went to school in the nearby town of Cowbridge and then to Jesus College, Oxford. Civil War and Interregnum He fought on the Royalist side during the English Civil War. On the failure of the Royalist cause, he retired to Glamorgan in 1648, and entered ...
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Francis North, 1st Baron Guilford
Francis North, 1st Baron Guilford, PC, KC (22 October 1637 – 5 September 1685) was the third son of Dudley North, 4th Baron North, and his wife Anne Montagu, daughter of Sir Charles Montagu of Boughton House and Mary Whitmore. He was created Baron Guilford in 1683, after becoming Lord Keeper of the Great Seal in succession to Lord Nottingham. This cites: *''Lives of the Norths'' by the Hon. R. North, edited by A. Jessopp (1890). * E. Foss, ''The Judges of England'', vol. vii. (1848–1864). Biography Francis North was educated at St John's College, Cambridge and was admitted to the Middle Temple on 27 November 1655. He was Called to the Bar on 28 June 1661. He was an eminent lawyer, Solicitor-General (1671), Attorney-General (1673), and Chief Justice of the Common Pleas (1675), and in 1679 was made a member of the Privy Council Ministry and, on its dissolution, of the Cabinet. He was a man of wide culture and a staunch royalist, although he opposed the absolutist t ...
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Matthew Hale (jurist)
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, an ...
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Heneage Finch, 1st Earl Of Nottingham
Heneage Finch, 1st Earl of Nottingham, Privy Council of England, PC (23 December 162018 December 1682), Lord Chancellor of England, was descended from the old family of Earl of Winchilsea, Finch, many of whose members had attained high legal eminence, and was the eldest son of Sir Heneage Finch, Recorder of London, by his first wife Frances Bell, daughter of Edmond Bell, Sir Edmond Bell of Beaupre Hall, Norfolk. Early career He was the son of Heneage Finch (speaker), Sir Heneage Finch, younger son of Sir Moyle Finch, 1st Baronet and Elizabeth Finch, 1st Countess of Winchilsea, Elizabeth Finch, later 1st Countess of Winchilsea (''née'' Heneage). In the register of University of Oxford, Oxford University, he is entered as born in Kent probably at the Finch ancestral seat of Eastwell Park in Kent. He was educated at Westminster School, Westminster and at Christ Church, Oxford, where he remained until he became a member of the Inner Temple in 1638. He was called to the bar in 1645 ...
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Harvard Law Review
The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 journals in the category "Law". It also ranks first in other ranking systems of law reviews. It is published monthly from November through June, with the November issue dedicated to covering the previous year's term of the Supreme Court of the United States. The journal also publishes the online-only ''Harvard Law Review Forum'', a rolling journal of scholarly responses to the main journal's content. The law review is one of three honors societies at the law school, along with the Harvard Legal Aid Bureau and the Board of Student Advisors. Students who are selected for more than one of these three organizations may only join one. The Harvard Law Review Association—in conjunction with the '' Columbia Law Review'', the '' University ...
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New Style
Old Style (O.S.) and New Style (N.S.) indicate dating systems before and after a calendar change, respectively. Usually, they refer to the change from the Julian calendar to the Gregorian calendar as enacted in various Europe, European countries between 1582 and 1923. In England, Wales, Ireland and British America, Britain's American colonies, there were two calendar changes, both in 1752. The first adjusted the start of a new year from 25 March (Lady Day, the Feast of the Annunciation) to 1 January, a change which Scotland had made in 1600. The second discarded the Julian calendar in favour of the Gregorian calendar, skipping 11 days in the month of September to do so.. "Before 1752, parish registers, in addition to a new year heading after 24th March showing, for example '1733', had another heading at the end of the following December indicating '1733/4'. This showed where the Historical Year 1734 started even though the Civil Year 1733 continued until 24th March. ... We as h ...
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Subornation Of Perjury
In United States law, American law, Scots law, and under the laws of some English-speaking Commonwealth of Nations, Commonwealth nations, subornation of perjury is the crime of persuading or permitting a person to commit perjury, which is the swearing of a false oath to tell the truth in a legal proceeding, whether spoken or written. U.S. Law In American federal law, Title provides: The term ''subornation of perjury'' further describes the circumstance wherein an lawyer, attorney at law causes a client to lie under oath or, allows another party to lie under oath. In California law, per the state bar code, the subornation of perjury constitutes an act of "moral turpitude" on the part of the attorney, and thus, is cause for their disbarment, or for the suspension of their license to practice law. In legal practice As a crime, it has been defined as "persuading another to commit perjury." But "suborn" is more broadly defined. Amongst three definitions: to induce a person to c ...
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Perjury
Perjury (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person’s deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; (archaically forswearing." Like most other crimes in the common law system, to be convicted of perjury one must have had the ''intention'' (''mens rea'') to commit the act and have ''actually committed'' the act (''actus reus''). Further, statements that ''are facts'' cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an ''interpretation'' of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without the ...
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Fraud On The Court
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. In many jurisdictions with statutes of limitation there is no time limit for dealing with particularly serious crimes. In civil law systems, such provisions are typically part of their ...
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Signature
A signature (; from , "to sign") is a depiction of someone's name, nickname, or even a simple "X" or other mark that a person writes on documents as a proof of identity and intent. Signatures are often, but not always, Handwriting, handwritten or stylized. The writer of a signature is a signatory or signer. Similar to a handwritten signature, a signature work describes the work as readily identifying its creator. A signature may be confused with an autograph, which is chiefly an artistic signature. This can lead to confusion when people have both an autograph and signature and as such some people in the public eye keep their signatures private whilst fully publishing their autograph. Function and types Identification The traditional function of a signature is to permanently affix to a document a person's uniquely personal, undeniable self-identification as physical evidence of that person's personal witness and certification of the content of all, or a specified part, of ...
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