1.
Barrister
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A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation and their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions. Often, barristers are also recognised as legal scholars, Barristers are distinguished from solicitors, who have more direct access to clients, and may do transactional-type legal work. It is mainly barristers who are appointed as judges, and they are hired by clients directly. In England and Wales, barristers may seek authorisation from the Bar Standards Board to conduct litigation and this allows a barrister to practise in a dual capacity, fulfilling the role of both barrister and solicitor. A barrister, who can be considered as a jurist, is a lawyer who represents a litigant as advocate before a court of appropriate jurisdiction, a barrister speaks in court and presents the case before a judge or jury. In some jurisdictions, a barrister receives additional training in law, ethics. In contrast, a solicitor generally meets with clients, does preparatory and administrative work, in this role, he or she may draft and review legal documents, interact with the client as necessary, prepare evidence, and generally manage the day-to-day administration of a lawsuit. Barristers usually have particular knowledge of law, precedent. When a solicitor in general practice is confronted with a point of law. In most countries, barristers operate as sole practitioners, and are prohibited from forming partnerships or from working as a barrister as part of a corporation, however, barristers normally band together into chambers to share clerks and operating expenses. Some chambers grow to be large and sophisticated, and have a corporate feel. In some jurisdictions, they may be employed by firms of solicitors, banks, in contrast, solicitors and attorneys work directly with the clients and are responsible for engaging a barrister with the appropriate expertise for the case. Barristers generally have little or no contact with their lay clients. All correspondence, inquiries, invoices, and so on, will be addressed to the solicitor, in court, barristers are often visibly distinguished from solicitors by their apparel. For example, in Ireland, England, and Wales, a barrister usually wears a wig, stiff collar, bands. Since January 2008, solicitor advocates have also been entitled to wear wigs, in many countries the traditional divisions between barristers and solicitors are breaking down. Barristers once enjoyed a monopoly on appearances before the courts, but in Great Britain this has now been abolished
2.
Magistrate
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The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, in other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is an officer who hears cases in a lower court. In other jurisdictions, magistrates may be volunteers without formal training who perform a judicial role with regard to minor matters. In ancient Rome, the word referred to one of the highest offices of state. Analogous offices in the authorities, such as municipium, were subordinate only to the legislature of which they generally were members. Ex officio, often a combination of judicial and executive power, in Rome itself, the highest magistrates were members of the so-called cursus honorum -career of honors. They held both judicial and executive power within their sphere of responsibility, and also had the power to issue ius honorarium, the Consul was the highest Roman magistrate. Roman magistrates were not lawyers, but were advised by jurists who were experts in the law, the term was maintained in most feudal successor states to the western Roman Empire. The term chief magistrate applied to the highest official, in sovereign entities the head of state and/or head of government and these were referred as administrative magistrates to distinguish them from the judiciary magistrates. The President of Portugal is considered the Supreme Magistrate of the Nation, in Mexicos Federal Law System, a magistrado is a superior judge, hierarchically beneath the Supreme Court Justices. The magistrado reviews the cases seen by a judge in a term if any of the parties disputes the verdict. For special cases, there are magistrados superiores who review the verdicts of special court, magistrates/JPs are limited to issuing sentences of no longer than six months for one offence and up to twelve months consecutively for multiple offences. A wide range of legal matters is within the remit of magistrates. However, commission areas were replaced with Local Justice Areas by the Courts Act 2003, meaning no longer need to live within 15 miles, although, in practice. Thus, every magistrate in England and Wales may act as a magistrate anywhere in England or Wales, there are two types of magistrates in England and Wales, justices of the peace and district judges who hold office as members of the professional judiciary. According to requirements, around 50% of magistrates are women, over 41% of magistrates are retired from employment while others may be self-employed or able to arrange leave from their employment. No formal qualifications are required, but magistrates require intelligence, common sense, integrity, membership is widely spread throughout the area covered and drawn from all walks of life
3.
Law
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Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law as a system helps regulate and ensure that a community show respect, private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, the law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Islamic Sharia law is the worlds most widely used religious law, the adjudication of the law is generally divided into two main areas referred to as Criminal law and Civil law. Criminal law deals with conduct that is considered harmful to social order, Civil law deals with the resolution of lawsuits between individuals or organizations. Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis. Law also raises important and complex issues concerning equality, fairness, there is an old saying that all are equal before the law, although Jonathan Swift argued that Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through. In 1894, the author Anatole France said sarcastically, In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread. Writing in 350 BC, the Greek philosopher Aristotle declared, The rule of law is better than the rule of any individual, mikhail Bakunin said, All law has for its object to confirm and exalt into a system the exploitation of the workers by a ruling class. Cicero said more law, less justice, marxist doctrine asserts that law will not be required once the state has withered away. Regardless of ones view of the law, it today a completely central institution. Numerous definitions of law have been put forward over the centuries, at the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are also of great importance. There have been attempts to produce a universally acceptable definition of law. In 1972, one indicated that no such definition could be produced. McCoubrey and White said that the question what is law, glanville Williams said that the meaning of the word law depends on the context in which that word is used. He said that, for example, early customary law and municipal law were contexts where the law had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word law and it is possible to take the view that there is no need to define the word law. The history of law links closely to the development of civilization, Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code that was probably broken into twelve books
4.
Court
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Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is known as the judiciary. The place where a court sits is known as a venue, the practical authority given to the court is known as its jurisdiction – the courts power to decide certain kinds of questions or petitions put to it. It is also usual in the courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs, reporters. The term the court is used to refer to the presiding officer or officials. The judge or panel of judges may also be referred to as the bench. In the United States, and other common law jurisdictions, the court by law is used to describe the judge himself or herself. In the United States, the authority of a court to take action is based on personal jurisdiction, subject-matter jurisdiction. The English word court is a cognate of the Latin word hortus, the verb to court, meaning to win favor, derives from the same source since people traveled to the sovereigns court to win his favor. The word jurisdiction comes from juris and dictio, jurisdiction is defined as the official authority to make legal decisions and judgements over an individual or materialistic item within a territory. Whether a given court has jurisdiction to preside over a case is a key question in any legal action. Three basic components of jurisdiction are jurisdiction over the person (personal jurisdiction, jurisdiction over the subject matter or thing. Other concepts of jurisdiction include general jurisdiction, exclusive jurisdiction, territorial jurisdiction, appellate jurisdiction, trial courts are courts that hold trials. Sometimes termed courts of first instance, trial courts have varying original jurisdiction, trial courts may conduct trials with juries as the finders of fact or trials in which judges act as both finders of fact and finders of law. Juries are less common in court systems outside the Anglo-American common law tradition, appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales may have both trial and appellate jurisdictions, the two major legal traditions of the western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture although there are significant differences between the two traditions, civil law courts are profoundly based upon Roman Law, specifically a civil body of law entitled Corpus iuris civilis. Civil law is firmly ensconced in the French and German legal systems, Common law courts were established by English royal judges of the Kings Council after the Norman Invasion of Britain in 1066
5.
Judge
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A judge presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, the judge is supposed to conduct the trial impartially and, typically, in an open court. In some jurisdictions, the judges powers may be shared with a jury, in inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. A variety of traditions have become associated with the rank or occupation, in many parts of the world, judges wear long robes and sit on an elevated platform during trials. In some countries, especially in the Commonwealth of Nations, judges wear wigs, the long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to a wig would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts, American judges frequently wear black robes. American judges have ceremonial gavels, although American judges have court deputies or bailiffs, however, in some of the Western United States, like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state courts, such as the Maryland Court of Appeals wear distinct dress. In Italy and Portugal both judges and lawyers wear black robes. In Oman, the judge wears a stripe, while the attorneys wear the black gown. In Hong Kong, court proceedings are conducted in either English or Cantonese Chinese, Judges of Hong Kong retain many of the English traditions such as wearing wigs and robes in trials. In the lower courts, magistrates are addressed as Your worship, in writing, the post-nominal letters PJ is used to refer to a permanent judge of the Court of Final Appeal and NPJ to a non-permanent judge. In the High Court, the abbreviation JA is used to denote a justice of appeal, Masters of the High Court are addressed as Master. When trials are conducted in Chinese, judges were addressed, in Cantonese, as Fat Goon Dai Yan before the transfer of sovereignty from the United Kingdom to China, and as Fat Goon Gok Ha since 1997. In India, judges of the Supreme Court and the High Courts were addressed as Your Lordship or My Lord and Your Ladyship or My Lady, the Bar Council of India had adopted a resolution in April 2006 and added a new Rule 49 in the Advocates Act. As per the rule, lawyers can address the court as Your Honour, if it is a subordinate court, lawyers can use terms such as sir or any equivalent phrase in the regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the such as My Lord
6.
Jurist
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A jurist, also known as legal scholar or legal theorist, is someone who researches and studies jurisprudence. Such a person can work as an academic, legal writer or law lecturer, thus a jurist, someone who studies, analyses and comments on law, stands in contrast with a lawyer, someone who applies law on behalf of clients and thinks about it in practical terms. Many legal scholars and authors have explained that a person may be both a lawyer and a jurist, but a jurist is not necessarily a lawyer, nor a lawyer necessarily a jurist, both must possess an acquaintance with the term law. The work of the jurist is the study, analysis and arrangement of the law — work which can be wholly in the seclusion of the library. Any highly civilized society requires both lawyers and jurists, both philosophers and doers and it is important however to note the fundamental difference between the work of the lawyer and that of the jurist. The term jurist has another sense, which is wider, synonymous with legal professional, i. e. anyone professionally involved with law, in some other European languages, a word resembling jurist is used in this major sense. This is a classification of some notable jurists. History of the legal profession Law professor Legal profession List of jurists Paralegal Media related to Jurists at Wikimedia Commons
7.
English law
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English law is the common law legal system governing England and Wales, comprising criminal law and civil law. English law has no formal codification, the essence of English common law is that it is made by judges sitting in courts applying statute, and legal precedent from previous cases. A decision of the Supreme Court of the United Kingdom, the highest civil court of the United Kingdom, is binding on every other court. Some rulings are derived from legislation, others, known as law, are based on rulings of previous courts. For example, murder is a common law rather than one established by an Act of Parliament. Common law can be amended or repealed by Parliament, murder, for example, the first schedule of the Interpretation Act 1978, defines the following terms, British Islands, England, and United Kingdom. The use of the term British Isles is virtually obsolete in statutes and, for interpretation purposes, England includes a number of specified elements, Wales and Berwick Act 1746, section 3 formally incorporated Wales and Berwick-upon-Tweed into England. But section 4 Welsh Language Act 1967 provided that references to England in future Acts of Parliament should no longer include Wales, but Dicey & Morris say It seems desirable to adhere to Diceys definition for reasons of convenience and especially of brevity. It would be cumbersome to have to add or Wales after England, the adjacent islands of the Isle of Wight and Anglesey are a part of England and Wales by custom, while Harman v Bolt 47 TLR219 expressly confirms that Lundy is a part of England. The adjacent territorial waters by virtue of the Territorial Waters Jurisdiction Act 1878, great Britain means England, Wales, Scotland, their adjacent territorial waters and the islands of Orkney and Shetland, the Hebrides and, by virtue of the Island of Rockall Act 1972, Rockall. V Canon Film Sales Ltd.1 WLR1597 and Chloride Industrial Batteries Ltd, V F. & W. Freight Ltd.1 WLR823. British Islands – but not British Isles – means the United Kingdom, the Isle of Man, compare with American convention, which includes of, as in Civil Rights Act of 1964. For example, the Pleading in English Act 1362 was referred to as 36 Edw,15, meaning 36th year of the reign of Edward III, chapter 15, though in the past this was all spelt out, together with the long title. Common law is a term with historical origins in the system of England. This may be a legacy of the Norman conquest of England, an example is the Law Merchant derived from the Pie-Powder Courts, named from a corruption of the French pieds-poudrés implying ad hoc marketplace courts. In 1276, the concept of time immemorial often applied in common law was defined as being any time before 6 July 1189, one of the major challenges in the early centuries was to produce a system that was certain in its operation and predictable in its outcomes. Too many judges were either partial or incompetent, acquiring their positions only by virtue of their rank in society, thus, a standardised procedure slowly emerged, based on a system termed stare decisis which roughly means let the decision stand. The doctrine of precedent which requires similar cases to be adjudicated in a like manner, thus, the ratio decidendi of each case will bind future cases on the same generic set of facts both horizontally and vertically in the court structure
8.
Solicitor
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A solicitor is a legal practitioner 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, 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. Some legal graduates will start off as one and then qualify as the other. Since the replacement of the aspect of the House of Lords with the Supreme Court the full title of a solicitor is Solicitor of the Senior Courts of England. The term attorney is still used under English law to refer to someone legally appointed or empowered to act for another person. Currently, the term is most commonly used to refer to someone so appointed under a power of attorney, practitioners in specialist professions, notably intellectual property, are also referred to as attorneys, for example Registered Patent Attorney or Registered Trade Mark Attorney. Minor criminal cases are tried in Magistrates Courts, which constitute by far the majority of courts, more serious criminal cases still start in the Magistrates Court and may then be transferred to a higher court. The majority of cases are tried in county courts and are almost always handled by solicitors. In the past, barristers did not deal with the public directly and this rigid separation no longer applies. Solicitor advocates with extended rights of audience may now act as advocates at all levels of the courts, conversely, the public may now hire and interact with a barrister directly in certain types of work without having to go to a solicitor first. Registered Patent Attorneys and Registered Trade Mark Attorneys also have rights of audience in intellectual property matters, Solicitors in England and Wales who wish to practise must pay an annual fee to obtain a Practising Certificate. This fee is paid to the Law Society of England and Wales, the Solicitors Regulation Authority, though funded by these fees, acts independently of the Law Society. Together, the two make up the complete system of professional regulation for solicitors. Complaints about solicitors if not satisfactorily resolved by the firm may be made to the Legal Ombudsman. The training and qualification required to enter the profession by being admitted as a solicitor is regulated by the Solicitors Regulation Authority, there are two graduate routes of entry into the profession. Prospective solicitors holding a law degree proceed to enroll with the Law Society as a student member. Those holding a degree but one which is a qualifying degree must in addition have completed a conversion course prior to enrolling on the Legal Practice Course
9.
Scots law
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Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom. It shares some elements with the two systems, but it also has its own unique sources, institutions and nomina juris. Although there was some indirect Roman law influence on Scots law, Scots law recognises four sources of law, legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland may be passed by the Scottish Parliament, the United Kingdom Parliament, the European Parliament, the Council of the European Union, some legislation passed by the pre-1707 Parliament of Scotland is still also valid. Since the Union with England Act 1707, Scotland has shared a legislature with England, Scotland retained a fundamentally different legal system from that south of the border, but the Union exerted English influence upon Scots law. The United Kingdom, judicially, consists of three jurisdictions, England and Wales, Scotland, and Northern Ireland, there are also differences in the terminology used between the jurisdictions. For example, in Scotland there are no Magistrates Courts or Crown Court, but there are Justice of the Peace Courts, Sheriff Courts and the College of Justice. The various historic sources of Scots law, including custom, feudal law, canon law, civilian ius commune, there is evidence to suggest that as late as the 17th century marriage laws in the Highlands and Islands still reflected Gaelic custom, contrary to Catholic religious principles. The Outer Hebrides were added after the Battle of Largs in 1263, from the 12th century feudalism was gradually introduced to Scotland and established feudal land tenure over many parts of the south and east, which eventually spread northward. As feudalism began to develop in Scotland early court systems began to develop, in 1399 a General Council established that the King should hold a parliament at least once a year for the next three years so that his subjects are served by the law. From the 14th century we have surviving examples of early Scottish legal literature, such as the Regiam Majestatem and the Quoniam Attachiamenta. Both of these important texts, as they were copied, had provisions from Roman law, from the reign of King James I to King James V the beginnings of a legal profession began to develop and the administration of criminal and civil justice was centralised. The Parliament of Scotland was normally called on an annual basis during this period, the Act of Union 1707 merged the Kingdom of Scotland and the Kingdom of England to form the new Kingdom of Great Britain. Article 19 of the Act confirmed the authority of the College of Justice, Court of Session. Article 3, however, merged the Estates of Scotland with the Parliament of England to form the Parliament of Great Britain, with its seat in the Palace of Westminster, London. Under the terms of the Act of Union, Scotland retained its own systems of law, education and Church, the Scottish Enlightenment then reinvigorated Scots law as a university-taught discipline. The transfer of power to London and the introduction of appeal to the House of Lords brought further English influence
10.
Law of South Africa
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With the commencement in 1994 of the interim Constitution, and in 1997 its replacement, the final Constitution, another strand has been added to this weave. Basutoland received the law of the Cape Colony in 1884, and Bechuanaland, swaziland received the law of the Transvaal Colony in 1904, and South-West Africa received the law of the Cape Province in 1920, after its conquest by South Africa. The Constitutional Court has final authority to decide whether an issue is Constitutional or not, certain specialised courts have also been provided for by the legislature, in order to avoid backlog in the main legal administration infrastructure. Among these is the Small Claims Court, which resolves disputes involving small monetary sums, in addition, African indigenous courts, which deal exclusively with indigenous law, also exist. Until 1795, the province of Holland was a independent state. Together with the territories of the Netherlands, it was organised into a fairly free commonwealth of nations known as the Republiek der Vereenigde Nederlanden. It was originally a rural territory, but the speed of development during the 15th century changed it into a trading centre. The old Germanic customary law was no able to settle the disputes which arose in everyday trade. This was how Roman-Dutch Law began and it was later to form the basis of the present common law in South Africa in a form that had been expanded by what were called the placaaten which was the legislation of that period. Even after this and to date, wherever British law does not stand, the jury system was abolished in 1969, and cases are decided by a judge alone, sometimes assisted by two assessors. Southern Cross, Civil Law and Common Law in South Africa Clarendon Press, Oxford, ISBN 0-19-826087-3, Joubert, the Law of South Africa LexisNexis Butterworths, Durban, South Africa, ISBN 0-409-00448-0
11.
Law of France
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In academic terms, French law can be divided into two main categories, private law and public law. This differs from the common law conception in which the main distinction is between Criminal law and Civil Law. Private law governs relationships between individuals and it includes, in particular, Civil law. This branch refers to the field of law in common law systems. This branch encompasses the fields of law, civil law, family law, property law. Commercial law Employment law Public law defines the structure and the workings of the government as well as relationships between the state and individuals, also, during the colonial era some Muslim-dominated societies began to blend the sharia legal system with the French legal system as represented in local law. As mentioned, the civil law in France refers to private law. The main body of statutes and laws governing civil law and procedure are set out in the Civil Code of France, other private law statutes are also located in other codes such as commercial code in the Code of Commerce, or copyright law in the Intellectual Property Code. However, a number of offenses, e. g. slander. Relationship between citizens and public authorities, in particular the participation of French citizens to the exercise of public powers and it fixes the hierarchy of laws and rules within the French legal system and the relationship between these different norms. In France, most claims against local or national governments are handled by the administrative courts, the main administrative courts are the tribunaux administratifs and cours administratives dappel for appeals. The French body of law is called droit administratif. The commission intended to create a dozen or so EU criminal offences, indeed, led by its then-Commissioner for Justice and Home Affairs Franco Frattini - it insisted that the principle created in this decision applied to all policies, not just pollution policy. In May 2006, the Commission formally submitted to the EU Parliament, the Parliament began its consideration of the draft directive in March 2007. Introduction au droit ISBN 2-13-053181-4,127 pages One of the Que sais-je. series of pocketbook volumes, introduction to French law ISBN 1-85941-112-6. Principles of French law ISBN 0-19-876394-8, ISBN 0-19-876395-6, the French legal system 2nd ed. ISBN 0-421-53970-4. The French legal system 2nd ed. ISBN 0-406-90323-9, foreign law, current sources of codes and basic legislation in jurisdictions of the world v.24 cm. Series, AALL publications series 33, Contents v.1, ISBN 0-8377-0134-1, http, //www. foreignlawguide. com/ For both an overview and pointers toward further study, see the excellent introduction to the France section David, René
12.
Law of Portugal
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The Law of Portugal is the legal system that applies to Portugal. It is part of the family of the civil law systems, based on Roman law, having, so. In the 19th century, the French civil law was the influence in the Law of Portugal. However, since the early 20th century, the influence has been the German civil law. European Union law is now a driving force in many respects, such as corporate law, administrative law. Therefore, these legal systems share common features which, occasionally. The main Portuguese laws include the Constitution, the Civil Code, the Penal Code, the Labor Code, the Commercial Code and the Administrative Code used to have a high importance in the past, but are now largely obsolete and partially replaced by new legislation. As in most other European medieval countries, Portugal did not have centralized political institutions with the means to enact laws to regulate everyday legal issues, both the wars against Castile and the Reconquista turned the Crown and the Court into an army permanently on the move. An exception to this fact were the three laws enacted by King Afonso II in 1211 during the Cortes of Coimbra and this strength allowed the centralization of power and an increase of the legal authority of the central State. One of the expressions of this authority was the creation of the compilations of the laws in use in the Kingdom referred as the Ordinations. The first of these Ordinations started to be created by the initiative of King Edward and their first draft was presented in 1446, but they were only definitively reviewed and approved in 1454, already in the reign of Afonso V, so becoming known as the Ordenações Afonsinas. The several Portuguese ordinations were the following, Ordenações Afonsinas,1446 - under King Edward and Duke Peter of Coimbra, Ordenações Manuelinas and they suffered modifications in 1526,1533 and 1580, Ordenações Filipinas,1603 - under King Philip II. As these were established during the period of the Iberian Union, the Ordinations of 1603 continued to be used in Portugal and throughout the Portuguese Empire until the first Portuguese Civil Code came into force in 1867. In Brazil, they continued to be in force after its independence in 1822 and constituted the framework of the law of this country until 1916. Following the establishment of the Constitutional Monarchy, Portugal applied deep reforms in its system that included a wide process of legal codification. This process led to the creation of a number of codes of law, including the constitutions themselves, the Administrative Code, the Penal Code, the Civil Code and the Commercial Code. The first Portuguese Civil Code closely followed the model of the Napoleonic Code, being approved by the charter of law of 1 July 1867 and entering in force on the 22 March 1868. It is referred as the Code of 1867 or as the Seabras Code due to the important collaboration of the jurist António Luís de Seabra in its making, although formally in force for 100 years, the Code of 1867 suffered many modifications during its history
13.
Law of Poland
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The Polish law, or legal system in Poland has been developing since the first centuries of Polish history, over 1,000 years ago. The public and private laws of Poland are codified, the supreme law in Poland is the Constitution of Poland. Poland is a civil law jurisdiction and has a civil code. The Polish parliament creates legislation and is made up of the Senate, new Polish law is published in Dziennik Ustaw and Monitor Polski. Law in Poland is administered by the judiciary of Poland and enforced by the law enforcement in Poland
14.
Honorific
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An honorific is a title that conveys esteem or respect when used in addressing or referring to a person. Sometimes, the honorific is used in a more specific sense to refer to an honorary academic title. It is also conflated with systems of honorific speech in linguistics. Typically, honorifics are used as a style in the third person. Use in the first person, by the honored dignitary, is uncommon or considered very rude, Some languages have anti-honorific first person forms whose effect is to enhance the relative honor accorded to the person addressed. The most common honorifics in modern English are usually placed immediately before a persons name, someone who does not want to express a gender with their honorific may occasionally use Mx, Ind. or Misc. Other honorifics may denote the persons occupation, for instance Doctor, Esquire, Captain, Coach, Officer, Reverend for all clergy and/or Father. Holders of an academic Doctorate such as PhD are addressed as Doctor, Some honorifics act as complete replacements for a name, as Sir or Maam, or Your Honor. Subordinates will often use honorifics as punctuation before asking a superior a question or after responding to an order, Yes, sir or even Sir, yes, sir. Judges are often addressed as Your Honor when on the bench, if the judge also has a higher title, that may be the correct honorific to use, Your Lordship. Similarly, a monarch and his consort may be addressed or referred to as Your/His/Her Majesty, Their Majesties, monarchs below kingly rank are addressed as Your/His/Her Highness, the exact rank being indicated by an appropriate modifier, e. g. His Serene Highness for a member of a dynasty, or Her Grand Ducal Highness for a member of a family that reigns over a grand duchy. There are differences between Your Highness and Your Royal Highness, between Princess Margaret and The Princess Margaret, all of these are correct, but apply to people of subtly different rank. An example of a style is Her Majesty Queen Elizabeth The Queen Mother, which was an official style. In music, a conductor or virtuoso instrumentalist may be known as Maestro. In aviation, pilots in command of a civil aircraft are usually addressed as Captain plus their full name or surname. This tradition is diminishing in the United States and most EU countries. In addition, such countries etiquette rules dictate that this title must be placed on all the letters and social invitations, business cards, identification documents
15.
Alberico Gentili
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Recognised as the founder of the science of international law, Gentili is perhaps one of the most influential people in legal education ever to have lived. He is one of the three men referred to as the Father of international law, Gentili has been the earliest writer on public international law and the first person to split secularism from canon law and Roman Catholic theology. In 1587, he became the first non-English Regius Professor and he wrote several books, which are recognized to be among the most essential for international legal doctrines, yet that also include theological and literary subjects. It was occasioned by a case on which Gentilis counsel was sought, as a result, Mendoza was expelled from England. Alberico Gentili was born into a family in the town of San Ginesio, Macerata. He obtained a degree in law at the University of Perugia at the age of 20. After his graduation, he was elected as the judge of Ascoli, but then settled in his native town. Both father and son belonged to a confraternity suspected of meeting for the discussion of opinions hostile to the Roman church. The inquisition was upon the track of the heretics, and Gentili together with his father and one of his brothers, the three first went to Ljubljana, Slovenia, the capital of the duchy of Carniola. From there, Alberico went on to the German university towns of Tübingen, in the meantime the papal authorities had excommunicated the fugitives, and soon procured their expulsion from Austrian territory. Alberico reached London in August, with introductions to Giovanni Battista Castiglione, Gentili soon became acquainted with Dr Tobia Matthew, the Archbishop of York. On 14 January 1581 Gentili was accordingly incorporated from Perugia as a D. C. L, giving Gentili the right of teaching law, which he first exercised in St Johns College, Oxford. Subsequently, Gentili was appointed as the Regius professor of law at Oxford University by the Chancellor of Oxford University, Robert Dudley. He was commissioned to prepare a version of the statutory laws of his home town. After a short stay in Wittenberg, Germany, he returned to Oxford, Gentili held the regius professorship until his death, but he turned more and more to practical work in London from about 1590. He practised in the High Court of Admiralty, where the civil law rather than the English common law was applied. In 1600 Gentili was called to the Honourable Society of Grays Inn and he died in London and was buried in the Church of St Helen Bishopsgate in the City of London. His son was Robert Gentilis, who graduated from Oxford University at the age of 12 and was made a Fellow of All Souls College Oxford at the age of 17 through his fathers influence
16.
England and Wales
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The devolved National Assembly for Wales was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Assembly were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, there is no equivalent body for England, which is directly governed by the Parliament and the government of the United Kingdom. During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, at that time, most of the native inhabitants of Roman Britain spoke Brythonic languages, and were all regarded as Britons, divided into numerous tribes. After the conquest, the Romans administered this region as a single unit and this aimed to replace Welsh criminal law with English law. Welsh law continued to be used for civil cases until the annexation of Wales to England in the 16th century, the Laws in Wales Acts 1535–1542 then consolidated the administration of all the Welsh territories and incorporated them fully into the legal system of the Kingdom of England. Prior to 1746 it was not clear whether a reference to England in legislation included Wales and this specified that in all prior and future laws, references to England would by default include Wales. The Wales and Berwick Act was repealed in 1967, although the definition of England it created is preserved for acts passed prior to its repeal. Since the Acts repeal what was referred to as England is now England and Wales, while references to England, England and Wales are treated as a single unit, for most purposes, because the two form the constitutional successor to the former Kingdom of England. The continuance of Scots law was guaranteed under the 1706 Treaty of Union that led to the Acts of Union 1707, thus, most laws applicable to England also applied to Wales. However, Parliament now passes laws applicable to Wales and not to England, examples are the Welsh Language Acts 1967 and 1993 and the Government of Wales Act 1998. Measures and Acts of the National Assembly for Wales passed since the Government of Wales Act 2006 also apply in Wales, following the Government of Wales Act, effective since May 2007, the National Assembly for Wales can legislate on matters devolved to it. Following a referendum on 3 March 2011, the Welsh Assembly gained direct law-making powers and this was the first time in almost 500 years that Wales had its own powers to legislate. Each piece of Welsh legislation is known as an Act of the Assembly, outside of the legal system the position is mixed. Some organisations combine as England and Wales, others are separate, some religious denominations organise on the basis of England and Wales, most notably the Roman Catholic Church, but also small denominations, e. g. the Evangelical Presbyterian Church. Prior to the disestablishment of the Church in Wales in 1920, the Electoral Commission maintains a register of political parties, organised according to where the party operates. The order of precedence in England and Wales is distinct from those of Northern Ireland and Scotland, the national parks of England and Wales have a distinctive legislative framework and history. Courts of England and Wales Judiciary of England and Wales Cultural relationship between the Welsh and the English Geography of Wales Geography of England British Isles
17.
Proctor
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Proctor, a variant of procurator, is a persons who takes charge of, or acts for, another. The word proctor is frequently used to someone who oversees an examination or dormitory. The title is used in England in three contexts, In law, a proctor is an attorney or solicitor acting in some courts. In the church, a represents the clergy in Church of England dioceses. In education, a proctor is the name of university officials in certain universities, a proctor was a legal practitioner in the ecclesiastical and admiralty courts. Historically, they were licensed by the Archbishop of Canterbury to undertake the duties that were performed in common law courts by attorneys and in the courts of equity by solicitors. Later, the Judicature Acts of 1873 and 1875, which created the Supreme Court of Judicature, the Kings Proctor so acted in all causes concerning the King. The Queens Proctor is the proctor or solicitor representing the Crown in the courts of probate, the office has for many years been combined with that of the Treasury Solicitor, whose formal title is Her Majestys Procurator-General and Treasury Solicitor. Proctor is a term still survives in Western Australia. A representative of the clergy in convocation, in the Convocation of the English Clergy an ecclesiastical proctor represents either the chapter of a cathedral or the beneficed clergy of a diocese. In the Province of Canterbury two proctors represent the clergy of each diocese, in that of York there are two for each archdeaconry, every chapter is represented by one proctor. In British, Canadian, Australian and South African English, persons acting in this latter capacity are referred to as invigilators, the early history of the office at Cambridge is obscure, but it seems that the Proctors have always represented the colleges in University proceedings. At present their functions are twofold, taking part in all university ceremonials, at Cambridge University the Proctors are nominated every May by colleges identified in a predetermined cycle. They then serve for one year from 1 October, assisted by their Deputy Proctors and they must have been a member of the Senate for three years, and must have resided two years at the university. Two additional Pro-Proctors are also elected by the Senate each year, on the nomination of the Vice- Chancellor and Proctors, the Proctors for 2015–16 are David Goode of Wolfson College and Wing Commander Richard Keith Dick Taplin of Gonville & Caius College. The Deputies to the Proctors are Dr David Woodman of Robinson College, the Pro-Proctors are Gordon Chesterman of St Edmunds College and Dr Cristiano Ristuccia of Trinity Hall. The first hundred years of Proctorial records are mostly lost, the Proctors are ex officio members of the Board of Scrutiny, the Board of Examinations, and various other bodies. Their presence is essential at all Congregations of the Regent House, at which the Senior Proctor reads all the Graces, if any Grace is opposed by any member of the Senate saying non placet, the Proctors take the votes of those present and announce the result
18.
Civil law (legal system)
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Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law to be secondary and subordinate to statutory law, when discussing civil law, one should keep in mind the conceptual difference between a statute and a codal article. The marked feature of civilian systems is that they use codes with brief text that tend to avoid factually specific scenarios, Code articles deal in generalities and thus stand at odds with statutory schemes which are often very long and very detailed. The purpose of codification is to all citizens with manners and written collection of the laws which apply to them. Law codes are simply laws enacted by a legislature, even if they are in much longer than other laws. Other major legal systems in the world include common law, Halakha, canon law, the Scandinavian systems are of a hybrid character since their background law is a mix of civil law and Scandinavian customary law and have been partially codified. Likewise, the laws of the Channel Islands are hybrids which mix Norman customary law, a prominent example of a civil-law code would be the Napoleonic Code, named after French emperor Napoleon. The Code comprises three components, the law of persons, property law, and commercial law, rather than a compendium of statutes or catalog of caselaw, the Code sets out general principles as rules of law. Unlike common law systems, civil law jurisdictions deal with case law apart from any precedent value, Civil law courts generally decide cases using codal provisions on a case-by-case basis, without reference to other judicial decisions. In actual practice, a degree of precedent is creeping into civil law jurisprudence. A line of similar case decisions, while not precedent per se, while civil law jurisdictions place little reliance on court decisions, they tend to generate a phenomenal number of reported legal opinions. However, this tends to be uncontrolled, since there is no requirement that any case be reported or published in a law report, except for the councils of state. Except for the highest courts, all publication of legal opinions are unofficial or commercial, Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The civil law takes as its major inspiration classical Roman law, and in particular Justinian law, the Justinian Codes doctrines provided a sophisticated model for contracts, rules of procedure, family law, wills, and a strong monarchical constitutional system. Roman law was received differently in different countries, in some it went into force wholesale by legislative act, i. e. it became positive law, whereas in others it was diffused into society by increasingly influential legal experts and scholars. Roman law continued without interruption in the Byzantine Empire until its fall in the 15th century. However, subject as it was to multiple incursions and occupations by Western European powers in the medieval period. It was first received into the Holy Roman Empire partly because it was considered imperial law and it became the basis of Scots law, though partly rivaled by received feudal Norman law
19.
Church of England
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The Church of England is the state church of England. The Archbishop of Canterbury is the most senior cleric, although the monarch is the supreme governor, the Church of England is also the mother church of the international Anglican Communion. It dates its establishment as a church to the 6th-century Gregorian mission to Kent led by Augustine of Canterbury. The English church renounced papal authority when Henry VIII sought to secure an annulment from Catherine of Aragon in the 1530s, the English Reformation accelerated under Edward VIs regents before a brief restoration of papal authority under Queen Mary I and King Philip. This is expressed in its emphasis on the teachings of the early Church Fathers, as formalised in the Apostles, Nicene, in the earlier phase of the English Reformation there were both Catholic martyrs and radical Protestant martyrs. The later phases saw the Penal Laws punish Roman Catholic and nonconforming Protestants, in the 17th century, political and religious disputes raised the Puritan and Presbyterian faction to control of the church, but this ended with the Restoration. Papal recognition of George III in 1766 led to religious tolerance. Since the English Reformation, the Church of England has used a liturgy in English, the church contains several doctrinal strands, the main three known as Anglo-Catholic, Evangelical and Broad Church. Tensions between theological conservatives and progressives find expression in debates over the ordination of women and homosexuality, the church includes both liberal and conservative clergy and members. The governing structure of the church is based on dioceses, each presided over by a bishop, within each diocese are local parishes. The General Synod of the Church of England is the body for the church and comprises bishops, other clergy. Its measures must be approved by both Houses of Parliament, according to tradition, Christianity arrived in Britain in the 1st or 2nd century, during which time southern Britain became part of the Roman Empire. The earliest historical evidence of Christianity among the native Britons is found in the writings of such early Christian Fathers as Tertullian, three Romano-British bishops, including Restitutus, are known to have been present at the Council of Arles in 314. Others attended the Council of Sardica in 347 and that of Ariminum in 360, Britain was the home of Pelagius, who opposed Augustine of Hippos doctrine of original sin. Consequently, in 597, Pope Gregory I sent the prior of the Abbey of St Andrews from Rome to evangelise the Angles and this event is known as the Gregorian mission and is the date the Church of England generally marks as the beginning of its formal history. A later archbishop, the Greek Theodore of Tarsus, also contributed to the organisation of Christianity in England, the Church of England has been in continuous existence since the days of St Augustine, with the Archbishop of Canterbury as its episcopal head. Despite the various disruptions of the Reformation and the English Civil War, while some Celtic Christian practices were changed at the Synod of Whitby, the Christian Church in the British Isles was under papal authority from earliest times. The Synod of Whitby established the Roman date for Easter and the Roman style of monastic tonsure in Britain and this meeting of the ecclesiastics with Roman customs with local bishops was summoned in 664 at Saint Hildas double monastery of Streonshalh, later called Whitby Abbey
20.
University of Oxford
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The University of Oxford is a collegiate research university located in Oxford, England. It grew rapidly from 1167 when Henry II banned English students from attending the University of Paris, after disputes between students and Oxford townsfolk in 1209, some academics fled north-east to Cambridge where they established what became the University of Cambridge. The two ancient universities are frequently referred to as Oxbridge. The university is made up of a variety of institutions, including 38 constituent colleges, All the colleges are self-governing institutions within the university, each controlling its own membership and with its own internal structure and activities. Being a city university, it not have a main campus, instead, its buildings. Oxford is the home of the Rhodes Scholarship, one of the worlds oldest and most prestigious scholarships, the university operates the worlds oldest university museum, as well as the largest university press in the world and the largest academic library system in Britain. Oxford has educated many notable alumni, including 28 Nobel laureates,27 Prime Ministers of the United Kingdom, the University of Oxford has no known foundation date. Teaching at Oxford existed in form as early as 1096. It grew quickly in 1167 when English students returned from the University of Paris, the historian Gerald of Wales lectured to such scholars in 1188 and the first known foreign scholar, Emo of Friesland, arrived in 1190. The head of the university had the title of chancellor from at least 1201, the university was granted a royal charter in 1248 during the reign of King Henry III. After disputes between students and Oxford townsfolk in 1209, some academics fled from the violence to Cambridge, the students associated together on the basis of geographical origins, into two nations, representing the North and the South. In later centuries, geographical origins continued to many students affiliations when membership of a college or hall became customary in Oxford. At about the time, private benefactors established colleges as self-contained scholarly communities. Among the earliest such founders were William of Durham, who in 1249 endowed University College, thereafter, an increasing number of students lived in colleges rather than in halls and religious houses. In 1333–34, an attempt by some dissatisfied Oxford scholars to found a new university at Stamford, Lincolnshire was blocked by the universities of Oxford and Cambridge petitioning King Edward III. Thereafter, until the 1820s, no new universities were allowed to be founded in England, even in London, thus, Oxford and Cambridge had a duopoly, the new learning of the Renaissance greatly influenced Oxford from the late 15th century onwards. Among university scholars of the period were William Grocyn, who contributed to the revival of Greek language studies, and John Colet, the noted biblical scholar. With the English Reformation and the breaking of communion with the Roman Catholic Church, recusant scholars from Oxford fled to continental Europe, as a centre of learning and scholarship, Oxfords reputation declined in the Age of Enlightenment, enrolments fell and teaching was neglected
21.
University of Cambridge
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The University of Cambridge is a collegiate public research university in Cambridge, England, often regarded as one of the most prestigious universities in the world. Founded in 1209 and given royal status by King Henry III in 1231, Cambridge is the second-oldest university in the English-speaking world. The university grew out of an association of scholars who left the University of Oxford after a dispute with the townspeople, the two ancient universities share many common features and are often referred to jointly as Oxbridge. Cambridge is formed from a variety of institutions which include 31 constituent colleges, Cambridge University Press, a department of the university, is the worlds oldest publishing house and the second-largest university press in the world. The university also operates eight cultural and scientific museums, including the Fitzwilliam Museum, Cambridges libraries hold a total of around 15 million books, eight million of which are in Cambridge University Library, a legal deposit library. In the year ended 31 July 2015, the university had an income of £1.64 billion. The central university and colleges have an endowment of around £5.89 billion. The university is linked with the development of the high-tech business cluster known as Silicon Fen. It is a member of associations and forms part of the golden triangle of leading English universities and Cambridge University Health Partners. As of 2017, Cambridge is ranked the fourth best university by three ranking tables and no other institution in the world ranks in the top 10 for as many subjects. Cambridge is consistently ranked as the top university in the United Kingdom, the university has educated many notable alumni, including eminent mathematicians, scientists, politicians, lawyers, philosophers, writers, actors, and foreign Heads of State. Ninety-five Nobel laureates, fifteen British prime ministers and ten Fields medalists have been affiliated with Cambridge as students, faculty, by the late 12th century, the Cambridge region already had a scholarly and ecclesiastical reputation, due to monks from the nearby bishopric church of Ely. The University of Oxford went into suspension in protest, and most scholars moved to such as Paris, Reading. After the University of Oxford reformed several years later, enough remained in Cambridge to form the nucleus of the new university. A bull in 1233 from Pope Gregory IX gave graduates from Cambridge the right to teach everywhere in Christendom, the colleges at the University of Cambridge were originally an incidental feature of the system. No college is as old as the university itself, the colleges were endowed fellowships of scholars. There were also institutions without endowments, called hostels, the hostels were gradually absorbed by the colleges over the centuries, but they have left some indicators of their time, such as the name of Garret Hostel Lane. Hugh Balsham, Bishop of Ely, founded Peterhouse, Cambridges first college, the most recently established college is Robinson, built in the late 1970s
22.
Trinity College, Dublin
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Trinity College is the sole constituent college of the University of Dublin, a research university in Ireland. It is one of the seven ancient universities of Britain and Ireland, originally it was established outside the city walls of Dublin in the buildings of the dissolved Augustinian Priory of All Hallows. Trinity College was set up in part to consolidate the rule of the Tudor monarchy in Ireland, although Catholics and Dissenters had been permitted to enter as early as 1793, certain restrictions on their membership of the college remained until 1873. From 1871 to 1970, the Catholic Church in Ireland forbade its adherents from attending Trinity College without permission, women were first admitted to the college as full members in January 1904. Trinity College is now surrounded by Dublin and is located on College Green, the college proper occupies 190,000 m2, with many of its buildings ranged around large quadrangles and two playing fields. Academically, it is divided into three faculties comprising 25 schools, offering degree and diploma courses at undergraduate and postgraduate levels. The Library of Trinity College is a deposit library for Ireland. The first University of Dublin was created by the Pope in 1311, following this, and some debate about a new university at St. The first Provost of the College was the Archbishop of Dublin, Adam Loftus, two years after foundation, a few Fellows and students began to work in the new College, which then lay around one small square. During the eighteenth century Trinity College was seen as the university of the Protestant Ascendancy, Parliament, meeting on the other side of College Green, made generous grants for building. The first building of this period was the Old Library building, begun in 1712, followed by the Printing House, during the second half of the century Parliament Square slowly emerged. The great building drive was completed in the nineteenth century by Botany Bay. In December 1845 Denis Caulfield Heron was the subject of a hearing at Trinity College, Heron had previously been examined and, on merit, declared a scholar of the college but had not been allowed to take up his place due to his Catholic religion. Heron appealed to the Courts which issued a writ of mandamus requiring the case to be adjudicated by the Archbishop of Dublin, the decision of Richard Whately and John George de la Poer Beresford was that Heron would remain excluded from Scholarship. This decision confirmed that the position remained that persons who were not Anglicans could not be elected to Scholarship, Fellowship or be made a Professor. However within less than three decades of this all disabilities imposed on Catholics were repealed as in 1873, all tests were abolished. Prior to 1956 it was the responsibility of the local Bishop, the nineteenth century was also marked by important developments in the professional schools. The Law School was reorganised after the middle of the century, the Engineering School was established in 1842 and was one of the first of its kind in Ireland and Britain
23.
Doctors' Commons
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Doctors Commons, also called the College of Civilians, was a society of lawyers practising civil law in London. Like the Inns of Court of the lawyers, the society had buildings with rooms where its members lived and worked. Court proceedings of the law courts were also held in Doctors Commons. The society also used St Benets, Pauls Wharf as its church, while the English Common Law, unlike the legal systems on the European continent, developed mostly independently from Roman Law, some specialised English courts applied the Roman-based civil law. This is true of the courts, whose practice even after the English Reformation continued to be based on the canon law of the Roman Catholic Church. The advocates practising in these courts were trained in Canon law and Roman law at the universities of Oxford, the civilian legal profession was split like its common law counterpart. The advocates had a similar to that of barristers in the common law courts. According to some accounts, the society of Doctors Commons was formed in 1511 by Richard Blodwell, according to others, it existed already in the 15th century. In 1768 it was incorporated under the name of College of Doctors of Law exercent in the Ecclesiastical. There were also attached to the college thirty-four proctors, whose duties were analogous to those of solicitors, in the nineteenth century, the institution of Doctors Commons and its members were looked upon as old-fashioned and slightly ridiculous. Dr Thomas Hutchinson Tristram was the last to be admitted, following this, the Matrimonial Causes Act 1857 created a new divorce court in which both barristers and advocates could appear. Then the High Court of Admiralty Act 1859 liberalised rights of audience in the Admiralty Court, a motion to dissolve the society was entered on 13 January 1858 and the last meeting took place on 10 July 1865. The fellows did not formally surrender their offices, nor in the end their charter, the buildings of Doctors Commons were sold in 1865 and demolished soon after. The site is now occupied by the Faraday building. The Court of Arches itself finally admitted barristers, accepting that they could all the offices of an advocate. List of demolished buildings and structures in London Baker, J. H, an Introduction to English Legal History. Baker, J. H. Monuments of Endlesse Labours, English Canonists, the Rise and Fall of the English Ecclesiastical Courts, 1500-1860. Description of Doctors Commons from Charles Dickenss Sketches by Boz
24.
Probate
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Probate is the legal process whereby a will is proved in a court and accepted as a valid public document that is the true last testament of the deceased. The granting of probate is the first step in the process of administering the estate of a deceased person, resolving all claims. A probate court decides the legal validity of a testators will and grants its approval, also known as granting probate, the probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor, generally named in the will, however, through the probate process, a will may be contested. Probate is a process of improvement that proves a will of a person is valid. As with any legal proceeding, there are aspects to probate administration, Creditors must be notified. Executors of the will must be guided in how and when to distribute assets, a Petition to appoint a personal representative may need to be filed and letters of administration issued. A Grant of Letters of Administration can be used as proof that the ‘Administrator is entitled to handle the assets, homestead property, which follows its own set of unique rules in states like Florida, must be dealt with separately from other assets. There are time factors involved in filing and objecting to claims against the estate, there may be a lawsuit pending over the decedents death or there may have been pending suits that are now continuing. There may be separate procedures required in contentious probate cases, real estate or other property may need to be sold to effect correct distribution of assets pursuant to the will or merely to pay debts. Estate taxes, gift taxes or inheritance taxes must be considered if the estate exceeds certain thresholds, costs of the administration including ordinary taxation such as income tax on interest and property taxation is deducted from assets in the estate before distribution by the executors of the will. Other assets may simply need to be transferred from the deceased to his or her beneficiaries, other assets may have pay on death or transfer on death designations, which avoids probate. Local laws governing the process often depend on the value. If the value of the estate is small, the probate process may be avoided. In some jurisdictions and/or at a threshold, probate must be applied for by the Executor/Administrator or a Probate lawyer filing on their behalf. The Probate lawyer is a specialist in law, who makes application representing the Executor/Administrator. In common law jurisdictions, probate is obtained by executors of a will while letters of administration are granted where there are no executors, the main UK source of law is the Wills Act 1837. Probate was originally handled by the Court of Chancery, but after that court was abolished in 1873, an executor is the person appointed by a will to act on the behalf of the estate of the will maker upon his or her death
25.
The Crown
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The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their sub-divisions, although the term is not only a metonym for the State. The Crown is a sole that represents the legal embodiment of executive, legislative. These monarchies are united by the union of their monarch. The concept of the Crown developed first in the Kingdom of England as a separation of the crown and property of the nation state from the person. The concept spread through English and later British colonisation and is now rooted in the lexicon of the other 15 independent realms. In this context it should not be confused with any physical crown, the concept of the Crown took form under the feudal system. Though not used this way in all countries that had this system, in England, all rights, land, for instance, was granted by the Crown to lords in exchange for feudal services and they, in turn, granted the land to lesser lords. One exception to this was common socage—owners of land held as socage held it only to the Crown. The Crown as ultimate owner of all property also owns any property which has become bona vacantia, the monarch is the living embodiment of the Crown and, as such, is regarded as the personification of the state. He office cannot exist without the office-holder, the Crown also represents the legal embodiment of executive, legislative, and judicial governance. While the Crowns legal personality is usually regarded as a sole, it can, at least for some purposes. Historically, the Crown was considered to be indivisible, two judgments—Ex parte Indian Association of Alberta and Ex parte Quark —challenged that view. The Crown in each of the Commonwealth realms is a similar, because both Canada and Australia are federations, there are also crowns in right of each Canadian province and each Australian state. The Succession to the Crown Law 2013 defined the Crown, for the purposes of implementing the Perth Agreement in Jersey law, as the Crown in right of the Bailiwick of Jersey. Legislation in the Isle of Man also defines the Crown in right of the Isle of Man as being separate from the Crown in right of the United Kingdom and this constitutional concept is also worded as the Crown in right of the Bailiwick of Guernsey. The reserve powers of the Crown for each territory are no longer considered to be exercisable on the advice of the UK government, often cases are brought by the Crown according to the complaint of a claimant. The title of the case follows the pattern of R v Y. Thus R v Secretary of State for Exiting the European Union is R v Secretary of State for Exiting the European Union, where Miller is Gina Miller, in Scotland, criminal prosecutions are undertaken by the Lord Advocate in the name of the Crown
26.
Admiralty
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The new Admiralty Board meets only twice a year, and the day-to-day running of the Royal Navy is controlled by a Navy Board. It is common for the authorities now in charge of the Royal Navy to be referred to as simply The Admiralty. The title of Lord High Admiral of the United Kingdom was vested in the monarch from 1964 to 2011, the title was awarded to Philip, Duke of Edinburgh by Queen Elizabeth II on his 90th birthday. There also continues to be a Vice-Admiral of the United Kingdom, the office of Admiral of England was created around 1400 although there had already been Admirals of the Northern and Western Seas. In 1546, King Henry VIII established the Council of the Marine, later to become the Navy Board, operational control of the Royal Navy remained the responsibility of the Lord High Admiral, who was one of the nine Great Officers of State. In 1628, Charles I put the office of Lord High Admiral into commission, the office of Lord High Admiral passed a number of times in and out of commission until 1709 after which the office was almost permanently in commission. In 1831, the first Navy Board was abolished as a separate entity, in 1964, the Admiralty along with the War Office and the Air Ministry as separate departments of state were abolished, and re-emerged under one single new Ministry of Defence. Within the expanded Ministry of Defence are the new Admiralty Board which has a separate Navy Board responsible for the running of the Royal Navy. The Army Board and the Air Force Board, each headed by the Secretary of State for Defence, the Board of Admiralty consisted of a number of Lords Commissioners of the Admiralty. The Lords Commissioners were always a mixture of admirals, known as Naval Lords or Sea Lords and Civil Lords, the quorum of the Board was two commissioners and a secretary. The president of the Board was known as the First Lord of the Admiralty, after 1806, the First Lord of the Admiralty was always a civilian while the professional head of the navy came to be known as the First Sea Lord. The first real concerted effort to organise the Admiralty was started by Henry VIII. Between 1860 and 1908 there was no study of strategy and of staff work conducted within the naval service. All the navys talent flowed to the great technical universitys and it was perceived by officials within the Admiralty at this time that the running of war was quite a simple matter for any flag officer who required no formal training. The new War Staff had hardly found its feet and it struggled with the opposition to its existence by senior officers they were categorically opposed to a staff. The deficiencies of the system within this department of state could be seen in the conduct of the Dardanelles campaign, there was no mechanisms in place to answer the big strategic questions in 1914 a Trade Division was created. In 1916, Sir John Jellicoe came to the Admiralty, he organized the staff as following, Chief of War Staff, Operations, Intelligence, Signal Section, Mobilization, Trade. This for the first time gave the naval staff direct representation on the Board, the would direct all operations and movements of the fleet, while the would be responsible for mercantile movements and anti-submarine operations
27.
Arches Court
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The Arches Court, presided over by the Dean of Arches, is an ecclesiastical court of the Church of England covering the Province of Canterbury. Its equivalent in the Province of York is the Chancery Court, the Court of Arches is the provincial court for Canterbury. It has both appellate and original jurisdiction and it is presided over by the Dean of the Arches, who is styled The Right Honourable and Right Worshipful the Official Principal and Dean of the Arches. The dean must be a barrister of ten years High Court standing or the holder or former holder of high judicial office, the appointment is made by the two archbishops jointly. At various times the court has sat in the church of St Mary-le-Bow, later it was held in Doctors Commons and also at 1 The Sanctuary, Westminster and St Pauls Cathedral. Its permanent home remains St Mary le Bow, where regular sittings include those to confirm the election of each new diocesan bishop in the province, the Provincial Registry is at 16 Beaumont Street, Oxford OX1 2LZ. The proper jurisdiction of the court is only the 13 peculiar parishes belonging to the archbishop in London. Many original suits are heard, where lesser courts waive jurisdiction by letters of request. Appeal lies with the Privy Council, except on matters of doctrine, ritual or ceremony, there may also be a Deputy Dean. Such appointees will have had experience and be diocesan chancellors. Since 1991 there have been two diocesan chancellors appointed by the dean, all these are assistant provincial court judges. Original jurisdiction was exercised by a separate provincial court, known as the Court of Audience. The Provincial Registrar of Canterbury is appointed by the archbishop, after consultation with the Standing Committee of the General Synod, there may be a deputy provincial registrar. The provincial registrar acts as advisor to the archbishop, the registrar of the provincial court. Archives of the Court of Arches at Lambeth Palace Library
28.
Isle of Man
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The Isle of Man, also known simply as Mann, is a self-governing crown dependency in the Irish Sea between England and Northern Ireland. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann, the Lord of Mann is represented by a Lieutenant Governor. Foreign relations and defence are the responsibility of the British Government, the island has been inhabited since before 6500 BC. Gaelic cultural influence began in the 5th century and the Manx language, in 627, Edwin of Northumbria conquered the Isle of Man along with most of Mercia. In the 9th century, Norsemen established the Kingdom of the Isles, magnus III, King of Norway, was also known as King of Mann and the Isles between 1099 and 1103. In 1266, the became part of Scotland under the Treaty of Perth. After a period of alternating rule by the kings of Scotland and England, the short form often used in English, Mann, is derived from the Manx Mannin, though sometimes the name is written as Man. The earliest recorded Manx form of the name is Manu or Mana, the Old Irish form of the name is Manau or Mano. Old Welsh records named it as Manaw, also reflected in Manaw Gododdin, the name for an ancient district in north Britain along the lower Firth of Forth. The oldest known reference to the calls it Mona, in Latin, in the 1st century CE, Pliny the Elder records it as Monapia or Monabia. Later Latin references have Mevania or Mænavia, and Eubonia or Eumonia by Irish writers and it is found in the Sagas of Icelanders as Mön. The name is cognate with the Welsh name of the island of Anglesey, Ynys Môn, usually derived from a Celtic word for mountain. The name was at least secondarily associated with that of Manannán mac Lir in Irish mythology, later, a Manannán is recorded as the first king of Mann in a Manx poem. The island was cut off from the islands around 8000 BC. The first residents were hunter gatherers and fishermen, examples of their tools are kept at the Manx Museum. There were also the local Ronaldsway and Bann cultures, during the Bronze Age, burial mounds became smaller. Bodies were put in stone-lined graves with ornamental containers, the Bronze Age burial mounds created long-lasting markers around the countryside. The ancient Romans knew of the island and called it Insula Manavia although it is whether they conquered the island
29.
Legal education in the United Kingdom
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Legal education in the United Kingdom is divided between the common law system of England and Wales and Northern Ireland, and that of Scotland, which uses a hybrid of common law and civil law. Dundee and Strathclyde, both in Scotland, are the universities in the UK to offer a dual-qualifying degree. Dundee also offers a choice of either English/Northern Irish or Scots law separate LL. B. degrees, Aberdeen offers a Law with English Law course which qualifies you in both Scots Law and English Law. Requirements for becoming a lawyer in England and Wales and in Northern Ireland differ slightly depending on whether the plans to become a solicitor or barrister. All prospective lawyers must first however possess a law degree. *Northumbria offers a degree in which the LPC or BVC is combined with the qualifying law degree into a four-year course **Distance-learning LL. B. Scots law is founded upon Roman or civil law, although today it has evolved into a pluralistic system, as in England and Wales, lawyers in Scotland are divided into two groups, solicitors and advocates. The Diploma in Legal Practice trains students on the elements of being a lawyer in Scotland. The diploma is currently taught at the universities of Aberdeen, Dundee, Edinburgh, Glasgow, and Strathclyde, after completion of the diploma, students wishing to become solicitors undertake a two-year traineeship with a law firm, before being admitted as full members of the Law Society. To become an advocate, students undertake a period of training of twenty-one months with a solicitor, before a further nine month unpaid traineeship with an experienced advocate, known as devilling. Scottish solicitors and advocates are entitled to practise elsewhere in the European Union, however, to practise elsewhere in the United Kingdom, further courses and examinations are required. The following institutions offer qualifying degrees of Bachelor of Laws. B. degree course, the two most common such courses in England and Wales are the Graduate Diploma in Law, and Common Professional Examination, both one year long. Alternatively, a number of institutions are now offering two-year conversion courses, usually at a lower cost with a more distinguished qualification, Scots law regulations usually require a full LL. B qualification. Universities offering these two-year conversion degrees include Aberdeen, Caledonian, Dundee, Edinburgh, Glasgow, Strathclyde, Legal education The Path of Legal Education from Edward I to Langdell Ralph Michael Stein, Pace University Law School]
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Common Professional Examination
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The course thus allows non-law students to convert to law after university, it is also commonly known as a law conversion course. Most CPE courses award a diploma and are often titled Graduate Diploma in Law. Common post-nominal abbreviations include LL. Dip, PgDL or Dip. Law, the CPE is one or two years long, and successful candidates may proceed to either the Legal Practice Course for solicitors or the Bar Professional Training Course for barristers. It is regulated by the Law Society of England and Wales with admissions handled through the Central Applications Board, the GDL tends to be offered through private institutions or universities. The largest course providers are The University of Law, City Law School, Kaplan Law School, the CPE/GDEHKL is offered by the University of Hong Kongs School of Professional and Continuing Education in Hong Kong jointly with Manchester Metropolitan University. Graduates of the GDEHKL who continue on to take the additional MMU LLB year after the CPE/GDEHKL will have passed all necessary law subjects required for PCLL eligibility, Legal education Lawyer Trainee solicitor Pupillage Central Application Board Chambers Student Guide, What is the GDL. Table of GDL providers and their fees Information and guidance on qualifying as a solicitor
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Bar Professional Training Course
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The Bar Professional Training Course or BPTC is a postgraduate course which allows law graduates to be named and practise as barristers in England and Wales. The thirteen institutes that run the BPTC along with the four prestigious Inns of Court are often referred to as Bar School. The BPTC is currently the most expensive legal course in Europe, for the 2016-17 year, some of the Londons colleges fees might exceed £20,000. This academic stage is the first of the three stages of education, the second being the vocational stage and the third being the practical stage. Besides, applicants for the BPTC should also demonstrate excellent extracurricular activities, a suitable candidate has to provide strong evidence of a commitment to the English Bar. It is important for a candidate to have Common law, European law, Civil law, in the same month, a report commissioned by the Bar Council heavily criticised BPTC providers. The report suggested increasing standards for the course, and introducing a new test to replace the BCAT, jeremy Robson, a senior lecturer at Nottingham Law School, denied these claims. Law Society of England and Wales Bar Council Barrister Inns of Court List of areas of law Bar Standards Board Table of BPTC providers BPTC provider reports Chambers Student Guide, lawyer 2B,10 factors to consider when choosing a BPTC provider
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Articled clerk
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An articled clerk is someone who is studying to either be an accountant or lawyer. In doing so they are put under the supervision of someone already in the profession and this can be compared as being an intern for a company, the only difference is once the two years is over the trainee becomes the trainer. Trainees are obligated to sign a contract agree to the term of being an articled clerk, the articled clerk signs a contract, known as articles of clerkship, committing to a fixed period of employment. The contract is with a partner in the firm and not with the firm as a whole. Apprentice architects can also be articled, henry Percy Adams articled to Britwen Binyon, architect. In India, the Institute of Chartered Accountants of India undergo a programme for a period of 3/3. Those Students during the period of articleship are also known as Articled Clerk and they are known as Articled clerks during this period. A Comparative Study of Certain Accounting Institutions and Practice in England and the United States
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Douglas, Isle of Man
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Douglas is the capital and largest town of the Isle of Man, with a population of 27,938. It is located at the mouth of the River Douglas, the River Douglas forms part of the towns harbour and main commercial port. Douglas was a settlement until it grew rapidly as a result of links with the English port of Liverpool in the 18th century. The town is the Islands main hub for business, finance, legal services, shipping, transport, shopping, the annual Isle of Man TT motorcycle races start and finish in Douglas. In the absence of any data, the origins of the town may be revealed by analysis of the original street. Scholars agree that the name of the town derives from Early Celtic Duboglassio meaning black river and these may be references to the site of the later Nunnery, a little upstream from the port. This suggests that the origins of the nucleus were as a non-urban port. Current speculation links the buildings with the Irish Sea Herring fishery. Other forms of trade grew, and following the Revestment Act 1765, Douglas began to reap the benefits of trans-Atlantic trade. Legitimate merchants who rose to prominence over the period included the Murreys, the Moores, the towns later prosperity was facilitated by the low cost of living, and the favourable legal status enjoyed by English debtors and half-pay officers. The initial growth and development of the town owed much to its natural harbour, over the 18th century, the towns population rose from about 800 in 1710 to nearly 2,500 in 1784. Throughout the 19th century, the towns demographics followed the trends as the United Kingdom. The number of visitors grew from the early 19th century, and from around 1870 onwards. But there were increasingly unsanitary conditions, and poor quality housing, the open sewage, middens, and smell from the harbour at low tide all contributed to the towns uncleanliness. Douglas in the first half of the 19th century often suffered from the destitution of its population and the many epidemics, in particular cholera. However, an Act passed later that decade, which did not include opt-out clauses, was accepted, and in 1860, Douglas elected its first town council, which was predominantly middle class in its makeup. The Town Commissioners could tackle the problems with greater efficiency. The Commissioners also designed to alter the anachronistic architecture of Douglas, built during the era of fishing and trading, the proportion of the Manx population living in Douglas was also expanding, with 35% living there by 1891
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Justice and Communities Directorate
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The Scottish Government Justice and Communities Directorates were a group of Directorates within the Scottish Government. The Cabinet Secretary for Justice is Kenny MacAskill, and he has responsibility for justice, police, fire and rescue, courts. Kenny MacAskill is supporte, Minister for Community Safety, from 1999—2007 the Directorates were known as the Scottish Executive Justice Department. In December 2010 these functions were transferred to the Governance and Communities Directorates, scots law Home Office Ministry of Justice
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Scottish Government
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The Scottish Government is Scotlands devolved government. It was formally renamed in 2012 to the Scottish Government by section 12 of the Scotland Act 2012, the government consists of cabinet secretaries, who attend cabinet meetings, and ministers, who do not. It is led by the first minister, who selects the cabinet secretaries, the Scottish Government is responsible for devolved matters, and those not explicitly reserved to the British Parliament in Westminster, by Schedule 5 to the Scotland Act 1998. Devolved matters that were decided on by the Scotland Act 1998 included healthcare provision, education, justice, policing, rural affairs, economic development, the Scottish Government also has administrative responsibility for some matters where it does not have legislative power. An example is Sections 36 &37 of the Electricity Act 1989 which allow the Scottish Government to authorise power transmission lines and grant power generation consents. The Scottish Governments budget is decided upon by the grant that is formulated using the Barnett Formula with the ability to also increase or decrease income tax rates. In the financial year of 2016–17, the annual budget was £37.2 billion. The government is led by the First Minister, the Scottish Parliament nominates one of its members to be appointed as first minister by the monarch. He or she is assisted by various cabinet secretaries with individual portfolios, Ministers are similarly appointed to assist cabinet secretaries in their work. The Scottish law officers, the Lord Advocate and Solicitor General, can be appointed from outside the parliaments membership and they are appointed by the monarch on the recommendation of the first minister. The first minister, the secretaries and the Scottish law officers are the members of the Scottish Government. They are collectively known as the Scottish Ministers, the members of the government have substantial influence over legislation in Scotland, putting forward the majority of bills that are successful in becoming Acts of the Scottish Parliament. The structure of the team used by the Scottish National Party after its election victory in May 2007 differs from those used by previous governments. The title cabinet secretary was introduced to replace what were called ministers, the cabinet secretaries and ministers are, The Scottish Cabinet is the group of ministers who are collectively responsible for all Scottish Government policy. While parliament is in session, the cabinet meets weekly, normally meetings are held on Tuesday afternoons in Bute House, the official residence of the first minister. The cabinet consists of the secretaries, excluding the Scottish Law Officers. The Lord Advocate attends meetings of the cabinet only when requested by the first minister, the cabinet is supported by the Cabinet Secretariat, which is based at St Andrews House. Scottish Government also includes a service that supports the Scottish ministers
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