1.
LexisNexis
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LexisNexis Group is a corporation providing computer-assisted legal research as well as business research and risk management services. During the 1970s, LexisNexis pioneered the electronic accessibility of legal, as of 2006, the company has the worlds largest electronic database for legal and public-records related information. Currently a division of RELX Group, LexisNexis was first a product of the Mead Data Central company, the Anglo-Dutch publishing company Reed Elsevier has owned LexisNexis and its predecessor company since 1994. At its inception in 1970, the database was named LEXIS by Mead Data Central and it was a continuation of an experiment organized by the Ohio State Bar in 1967. On April 2,1973, LEXIS launched publicly, offering full-text search in all Ohio, in 1980, LEXIS completed its hand-keyed electronic archive of all U. S. federal and state cases. The NEXIS service, added that year, gave journalists a searchable database of news articles. LexisNexis world headquarters is located in Dayton, Ohio, United States, in 1989, MDC acquired the Michie Company, a legal publisher, from Macmillan. When Toyota launched the Lexus line of vehicles in 1987. A market research survey asked consumers to identify the spoken word Lexis, survey results showed that a nominal number of people thought of the computerized legal search system, a similarly small number thought of Toyotas luxury car division. A judge ruled against Toyota, and the company appealed the decision, Mead lost on appeal in 1989 when the Court of Appeals for the 2nd Circuit held that there was little chance of consumer confusion. Today, the two companies have a business relationship, and in 2002 implemented a joint promotion called Win a Lexus on Lexis. In December 1994, Mead sold the LexisNexis system to Reed Elsevier for $1.5 billion, on April 15,2008, the U. S. The Court reversed and remanded so that the courts could apply the correct test and determine whether Mead. In 2000, LexisNexis purchased RiskWise, a St. Cloud, in 2002 it acquired a Canadian research database company, Quicklaw. In 2004, Reed Elsevier Group, parent company of LexisNexis, purchased Seisint, Inc, from founder Michael Brauser of Boca Raton, Seisint housed and operated the Multistate Anti-Terrorism Information Exchange. On March 9,2005, LexisNexis announced the possible theft of information of some Seisint users. It was originally estimated that 32,000 users were affected, affected persons were provided with free fraud insurance and credit bureau reports for a year. However, no reports of identity theft or fraud were discovered to have stemmed from the security breach, in February 2008, Reed Elsevier purchased data aggregator ChoicePoint in a cash deal for US$3.6 billion
2.
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
3.
Measure of the National Assembly for Wales
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A Measure of the National Assembly for Wales is primary legislation in Wales that is a category lower than an Act of Parliament. It was a form of primary legislation as it did not contain a large bulk of powers compared to the power to make acts. In Wales each Assembly Measure had to be accompanied with a Matter which was transferred using the Legislative Competence Order system, each Assembly Measure, like an Act of Parliament, would had to have made provision for a matter within the remit of the legislative competency of the Assembly. Following a referendum held in 2011, the assembly gained powers to make primary legislation known as Acts of the Assembly and these powers came into force after the 2011 assembly elections and the assembly is no longer able to pass Measures. Existing measures will remain valid unless repealed by the assembly in the future, like Acts, Assembly Measures face the same style of scrutiny. There were around four stages where the legislation was scrutinised. Once everything above has been completed, the Assembly can then start the final scrutinising before the Assembly Measure gets passed, of course, like in other legisative systems, some laws will fail, or might end up withdrawn. Assembly Measures, like all types of legislation, will have to be approved by a head of state. After the Assembly Measure is passed by the National Assembly for Wales the Measure will have to be taken to the Queen in Council who approves the Measure via an Order in Council, the approval would later be added to the Assembly Measure as proof of the approval. The approving order in council is not approved by both Houses of Parliament like the Orders in Council conferring power to the Assembly, like in any legislature, the National Assembly for Wales members can propose Assembly Measures. Professor Thomas Glyn Watkin is the first person to be appointed to this post, some people thought that the Order-in-Council was just a way of conferring power to the Assembly so the Assembly could make more delegated legislation. However, the Act states that the Orders in Council are used only to transfer power to the Assembly. In this way, the Assembly, without having to go to Parliament, an Assembly Measure could then confer power to the Welsh ministers to make delegated legislation, or statutory instruments as guided within the Measure
4.
Case law
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Case law is the set of existing rulings which made new interpretations of law and, therefore, can be cited as precedents. In other countries, such as most European countries, the term is applied to any set of rulings on law which is guided by previous rulings, for example, patent office case law. Trials and hearings which are not selected as courts of first impression do not have rulings that become law, therefore. The legal systems of the Nordic countries are included among the civil law systems, but as a separate branch. In Sweden, for instance, case law plays a more important role than in some of the Continental civil law systems. The two highest courts, the Supreme Court and the Supreme Administrative Court, have the right to set precedent which is in practice binding on all future application of the law. Courts of appeal, both courts and administrative courts may also issue decisions that act as guides for the application of the law. In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents which record how, normally, the burden rests with litigants to appeal rulings to the higher courts. If a judge acts against precedent and the case is not appealed, the decision will stand. A lower court may not rule against a binding precedent, even if it feels that it is unjust and this may happen several times as the case works its way through successive appeals. High Trees House Ltd K. B.130, the different roles of case law in civil and common law traditions create differences in the way that courts render decisions. By contrast, decisions in civil law jurisdictions are generally very short, some pluralist systems, such as Scots law in Scotland and so-called civil law jurisdictions in Quebec and Louisiana, do not precisely fit into the dual common-civil law system classifications. Such systems may have heavily influenced by the Anglo-American common law tradition, however. Because of their position between the two systems of law, these types of legal systems are sometimes referred to as mixed systems of law. Law professors in common law traditions play a smaller role in developing case law than professors in civil law traditions. Historically, common law courts relied little on legal scholarship, thus, at the turn of the twentieth century, thus common law systems are adopting one of the approaches long common in civil law jurisdictions. Judges may refer to types of persuasive authority to reach a decision in a case. Widely cited non-binding sources include legal encyclopedias such as Corpus Juris Secundum and Halsburys Laws of England, some bodies are given statutory powers to issue Guidance with persuasive authority or similar statutory effect, such as the Highway Code
5.
European Union law
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European Union law is a system of rules operating within the member states of the European Union. Since the founding of the Coal and Steel Community after World War II, the EU has political institutions, social and economic policies, which transcend nation-states for the purpose of cooperation and human development. According to its Court of Justice the EU represents a new order of international law. The EUs legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, New members may join, if they agree to play by the rules of the organisation, and old members may leave according to their own constitutional requirements. People are entitled to participate through the Parliament, and their governments in shaping the legislation the EU makes. Democratic ideals of integration for international and European nations are as old as the modern nation-state, in the Renaissance, medieval trade flourished in organisations like the Hanseatic League, stretching from English towns like Boston and London, to Frankfurt, Stockholm and Riga. These traders developed the lex mercatoria, spreading basic norms of good faith, in 1517, the Protestant Reformation triggered a hundred years of crisis and instability. This unstable settlement unravelled in the Thirty Years War, killing around a quarter of the population in central Europe. The Treaty of Westphalia 1648, which brought peace according to a system of law inspired by Hugo Grotius, is generally acknowledged as the beginning of the nation-state system. In 1693 William Penn, a Quaker from London who founded Pennsylvania in North America, argued that to prevent ongoing wars in Europe a European dyet, to save succeeding generations from the scourge of war, which twice. Brought untold sorrow to mankind, the United Nations Charter was passed in 1945, also, the Council of Europe, formed by the Treaty of London 1949, adopted a European Convention on Human Rights, overseen by a new transnational court in Strasbourg in 1950. The Treaty of Paris 1951 created the first European Coal and Steel Community, signed by France, West Germany, Belgium and its theory was simply that war would be impossibly costly if ownership and production of every countrys economy was mixed together. It established an Assembly to represent the people, a Council of Ministers for the states, a Commission as the executive. In the East, the Soviet Union had installed dictatorial governments, controlling East Germany, in the West, the decision was made through Treaty of Rome 1957 to launch the first European Economic Community. It shared the Assembly and Court with the Coal and Steel Community, a separate treaty was signed for a European Atomic Energy Community to manage nuclear production. In 1961 the United Kingdom, Denmark, Ireland and Norway applied for only to be vetoed in 1963 by Frances Charles de Gaulle. Spain also applied and was rejected as it was led by the Franco dictatorship. The same year, the Court of Justice proclaimed that the Community constituted a new order of international law
6.
Hardinge Giffard, 1st Earl of Halsbury
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Hardinge Stanley Giffard, 1st Earl of Halsbury, PC, KC was a leading barrister, politician and government minister. He served thrice as Lord Chancellor of Great Britain, born in London, Giffard was the third son of Stanley Lees Giffard, editor of the Standard, by his wife Susanna, daughter of Francis Moran. He was educated at Merton College, Oxford, where he obtained a degree in literae humaniores. He was called to the bar at the Inner Temple in 1850, Giffard joined the Western, then the South Wales circuits. Afterwards he had a practice at the Central Criminal Court and the Middlesex sessions. He was engaged in most of the trials of his time, including the Overend and Gurney. He became Queens Counsel in 1865, and a bencher of the Inner Temple and he also failed to gain a seat in a by-election in Horsham in 1876. In 1877 he succeeded in obtaining a seat, when he was returned for Launceston, in 1898 he was created Earl of Halsbury and Viscount Tiverton, of Tiverton in the County of Devon. At a meeting of Conservative peers on 21 July of that year, as Halsbury left the meeting a reporter asked him what was going to happen. Halsbury immediately replied, Government by a Cabinet controlled by rank socialists, Halsbury was also President of the Royal Society of Literature, Grand Warden of English Freemasons, and High Steward of the University of Oxford. Halsburys lasting legacy was the compilation of a complete digest of Laws of England, Halsburys Laws was followed by a second multiple-volume reference work in 1929, Halsburys Statutes, and later by Halsburys Statutory Instruments. Halsbury married firstly Caroline, daughter of William Corne Humphreys, in 1852, there were no children from this marriage. Halsbury married secondly Wilhelmina, daughter of Henry Woodfall, in 1874 and he died in December 1921, aged 98, and was succeeded by his only son from his second marriage, Hardinge. The Countess of Halsbury died in December 1927, hansard 1803–2005, contributions in Parliament by the Earl of Halsbury
7.
Douglas Hogg, 1st Viscount Hailsham
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Douglas McGarel Hogg, 1st Viscount Hailsham, PC was a British lawyer and Conservative politician. Born in London, Hogg was the son of the merchant and philanthropist Quintin Hogg, seventh son of Sir James Hogg and he was educated at Cheam School and Eton College, before studying sugar growing in the West Indies. After serving in the Boer War he was called to the bar by Lincolns Inn in 1902, was appointed Kings Counsel in 1917, Hogg was appointed Attorney General by Andrew Bonar Law in October 1922. Though not an MP, Hogg was chosen for the position because Bonar Law found himself short of law officers after the Conservative-Liberal coalition collapsed as a result of the Carlton Club meeting. He was elected to the House of Commons unopposed the following month for St Marylebone in the general election and he received the customary knighthood and was sworn in the Privy Council in December 1922. Serving as Attorney General until Labour assumed office after the 1923 election, Hogg was reappointed to the post, with a seat in the Cabinet, when the Conservatives were returned to power in 1924. The Trade Disputes and Trade Union Act made mass picketing and all sympathetic strikes illegal and it also forbade civil service unions from affiliating with the Trades Union Congress. In 1928, he became Lord Chancellor in Stanley Baldwins government and he served until the governments defeat in 1929. In 1929, he was created Viscount Hailsham, of Hailsham in the County of Sussex, from 1931 to 1935 he served as Secretary of State for War. He again served as Lord Chancellor from 1935 to 1938, first under Baldwin, during his second term he was the last Lord High Steward to preside over the trial of a peer in the House of Lords. In 1938, ill-health led to his appointment as Lord President of the Council, a post with less onerous duties and he died on 16 August 1950. Lord Hailsham married Elizabeth Marjoribanks, widow of Hon Archibald Marjoribanks, Hon William Neil McGarel Hogg, diplomat. Hansard 1803–2005, contributions in Parliament by the Viscount Hailsham
8.
Gavin Simonds, 1st Viscount Simonds
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Gavin Turnbull Simonds, 1st Viscount Simonds PC QC was a British judge, politician and Lord High Chancellor of Great Britain. Simonds was born in Reading, Berkshire, the son of Louis DeLuze Simonds and his wife and they were members of the well-known Berkshire family of brewing magnates. He was educated at Winchester College and at New College, Oxford, Simonds was called to the Bar in 1906 and appointed a Kings Counsel in 1924. He was appointed a Bencher of Lincolns Inn in 1929 and was Treasurer from 1951 and he served as a Judge of the Chancery Division of the High Court of Justice between 1937, when he was knighted, and 1944. The latter year he was appointed a Lord of Appeal in Ordinary, sworn of the Privy Council and created a peer as Baron Simonds. Simonds remained a Law Lord until 1951, when Winston Churchill appointed him Lord Chancellor and he was holder of the office at the time of the Coronation of Queen Elizabeth II, adding a major ceremonial role to his judicial one. In June 1952 he was made a peer as Baron Simonds. He held this post until 1954, when he was created Viscount Simonds and he again served as a Lord of Appeal in Ordinary from 1954 to 1962. He was also High Steward of Oxford University from 1954 to 1967, Lord Simonds had three sons who all predeceased him. Consequently, the barony and viscountcy became extinct on his death in June 1971
9.
Quintin Hogg, Baron Hailsham of St Marylebone
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He was considered for the leadership of his party in 1963, and held for more than a decade the office formerly held by his father, that of Lord Chancellor. He became a Prize Fellow of All Souls in 1931, although originally he read classics, he won his prize fellowship in law and was called to the bar in 1932. He spoke in opposition to the motion That this House will in no circumstances fight for its King and his favourite hobby was mountain-climbing, and his ankles were broken so many times that in old age he was able to walk only with two canes. Hogg participated in his first election campaign in the 1924 general election, in 1938, Hogg was chosen as a candidate for Parliament in the Oxford by-election. Hogg narrowly defeated Lindsay, who was said to be horrified by the slogan of Hitler wants Hogg. Hogg voted against Neville Chamberlain in the Norway Debate of May 1940 and he served briefly in the desert campaign as a platoon commander with the Rifle Brigade during the Second World War. His commanding officer had been his contemporary at Eton, after him, in the run-up to the 1945 election, Hogg wrote a response to the book Guilty Men, called The Left was never Right. Hoggs father died in 1950 and Hogg entered the House of Lords as the 2nd Viscount Hailsham. Believing his political career to be over he concentrated on the bar for some years, becoming head of his chambers and he became First Lord of the Admiralty under Eden in 1956, and under Macmillan was chairman of the party and campaign organiser for the 1959 general election. Hogg appeared before the Wolfenden Committee to discuss homosexuality, the historian Patrick Higgins said that he used it as an opportunity to express his disgust. He stated The instinct of mankind to describe acts as unnatural is not based on mere prejudice and that homosexuals were corrupting. In June 1963 when his fellow Minister John Profumo had to resign after admitting telling lies to Parliament about his private life, Sir Reginald Paget called this a virtuoso performance of the art of kicking a friend in the guts. He added, When self-indulgence has reduced a man to the shape of Lord Hailsham and he was Leader of the House of Lords when Harold Macmillan, the Prime Minister, announced his sudden resignation for health reasons at the start of the 1963 Conservative Party conference. At that time there was no ballot for the Conservative Party leadership. Hailsham, who was at first Macmillans preferred successor, announced that he would use the newly enacted Peerage Act to disclaim his title and fight a by-election and return to the House of Commons. His publicity-seeking antics at the Party Conference were considered vulgar at the time, Hogg failed to win the leadership bid but did win his fathers old constituency of St Marylebone. Hogg as a campaigner was known for his robust rhetoric and theatrical gestures and he was renowned as one of the great Conservative speakers, his addresses to the party as chairman in 1958 and 1959 were remembered for decades afterwards. He was usually in form in dealing with hecklers, a valuable skill in the 1960s
10.
James Mackay, Baron Mackay of Clashfern
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James Peter Hymers Mackay, Baron Mackay of Clashfern, KT, PC, QC is a British advocate. He served as Dean of the Faculty of Advocates, Lord Advocate and he is an active member of the House of Lords where he sits as a Conservative. Mackay was born in Edinburgh, the son of railway signalman James Mackay and he won a scholarship to George Heriots School, and then studied mathematics and physics at the University of Edinburgh, receiving a joint MA in 1948. He taught mathematics for two years at the University of St Andrews before moving to Trinity College, Cambridge on a scholarship and he then returned to Edinburgh University where he studied law, receiving an LLB in 1955. Mackay was elected to the Faculty of Advocates in 1955 and he was appointed a Queens Counsel in 1965. He was Sheriff Principal for Renfrew and Argyll from 1972 to 1974, in 1973 he became Vice-Dean of the Faculty on Advocates and from 1976 until 1979 served as its Dean, the leader of the Scots bar. Although an eminent lawyer in his own right, Mackay was not a member of the newly elected Conservative Party, convention was that governments appointed as Lord Advocate a QC of their own party. At the time the only eligible Conservative Scottish QC was Nicholas Fairbairn, Mackay joined the Conservative Party on taking up the office. In anticipation of the retirement of Lord Fraser of Tullybelton as one of the two Scots Lords of Appeal in Ordinary, Mackay took an appointment as a judge of the Court of Session in 1984. He served until he was promoted to the committee of the House of Lords in 1985 when Fraser stepped down. In 1987 Margaret Thatcher made Mackay Lord Chancellor, when she resigned in 1990, it was Mackay who read the Cabinets tribute to her at her last cabinet meeting. He was reappointed by Thatchers successor John Major, serving until the 1997 general election, on his retirement he was one of the longest serving Lord Chancellors. Since his retirement, Mackay has sat in the House of Lords and was Commissary to the University of Cambridge until 2016. He is the Editor-in-Chief of Halsburys Laws of England, the legal work which states the law of England, first published in 1907. He is also a Senior Fellow of The Trinity Forum, a Christian nonprofit that supports the renewal of society through the development of leaders, Mackay was raised a member of the Free Presbyterian Church of Scotland, as an adult he was an elder of the church. The church forbids its members to attend Roman Catholic religious services, the church suspended Mackay as an elder and withdrew his right to take Holy Communion. The dispute precipitated a schism, leading to the formation of the Associated Presbyterian Church, Mackay did not, however, join the new communion, but worships at both its parishes and those of the Church of Scotland. As a Presbyterian, Mackay was a believer in moderation
11.
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
12.
Lord Chancellor
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The Lord Chancellor, formally the Lord High Chancellor of Great Britain, is a senior functionary in the government of the United Kingdom. They are appointed by the Sovereign on the advice of the Prime Minister, the Lord Chancellor is the second highest ranking of the Great Officers of State, ranking after only the Lord High Steward. Prior to the Union there were separate Lords Chancellor for England and Wales, the Lord Chancellor is a member of the Cabinet and, by law, is responsible for the efficient functioning and independence of the courts. In 2007 there were a number of changes to the legal system, the current Lord Chancellor is Elizabeth Truss, who is also Secretary of State for Justice. One of the Lord Chancellors responsibilities is to act as the custodian of the Great Seal of the Realm, a Lord Keeper of the Great Seal may be appointed instead of a Lord Chancellor. The two offices entail exactly the same duties, the distinction is in the mode of appointment. The seal is then said to be in commission, since the 19th century, however, only Lord Chancellors have been appointed, the other offices having fallen into disuse. The office of Lord Chancellor of England may trace its origins to the Carolingian monarchy, in England, the office dates at least as far back as the Norman Conquest, and possibly earlier. Some give the first Chancellor of England as Angmendus, in 605, other sources suggest that the first to appoint a Chancellor was Edward the Confessor, who is said to have adopted the practice of sealing documents instead of personally signing them. A clerk of Edwards, Regenbald, was named chancellor in some documents from Edwards reign, in any event, the office has been continuously occupied since the Norman Conquest. The chancellor headed the office or chancery. Formerly, the Lord Chancellor was almost always a churchman, as during the Middle Ages the clergy were amongst the few men of the realm. The Lord Chancellor performed multiple functions—he was the Keeper of the Great Seal, the royal chaplain. Thus, the position emerged as one of the most important ones in government and he was only outranked in government by the Justiciar. As one of the Kings ministers, the Lord Chancellor attended the curia regis or Royal Court, if a bishop, the Lord Chancellor received a writ of summons, if an ecclesiastic of a lower degree or, if a layman, he attended without any summons. The curia regis would later evolve into Parliament, the Lord Chancellor becoming the prolocutor of its upper house, as was confirmed by a statute passed during the reign of Henry VIII, a Lord Chancellor could preside over the House of Lords even if not a Lord himself. The Lord Chancellors judicial duties also evolved through his role in the curia regis, petitions for justice were normally addressed to the King and the curia, but in 1280, Edward I instructed his justices to examine and deal with petitions themselves as the Court of Kings Bench. Important petitions were to be sent to the Lord Chancellor for his decision, by the reign of Edward III, this chancellery function developed into a separate tribunal for the Lord Chancellor
13.
Nice
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Nice is the fifth most populous city in France and the capital of the Alpes-Maritimes département. The urban area of Nice extends beyond the city limits. Nice is about 13 kilometres from the principality of Monaco, the city is nicknamed Nice la Belle, which means Nice the Beautiful, which is also the title of the unofficial anthem of Nice, written by Menica Rondelly in 1912. The area of todays Nice contains Terra Amata, a site which displays evidence of a very early use of fire. Around 350 BC, Greeks of Marseille founded a permanent settlement and called it Nikaia, after Nike, through the ages, the town has changed hands many times. Its strategic location and port significantly contributed to its maritime strength, for centuries it was a dominion of Savoy, and was then part of France between 1792 and 1815, when it was returned to Piedmont-Sardinia until its re-annexation by France in 1860. The citys main seaside promenade, the Promenade des Anglais owes its name to visitors to the resort, for decades now, the picturesque Nicean surroundings have attracted not only those in search of relaxation, but also those seeking inspiration. The clear air and soft light have particularly appealed to some of Western cultures most outstanding painters, such as Marc Chagall, Henri Matisse, Niki de Saint Phalle and Arman. Their work is commemorated in many of the museums, including Musée Marc Chagall, Musée Matisse. Nice has the second largest hotel capacity in the country and it is one of its most visited cities and it also has the third busiest airport in France, after the two main Parisian ones. It is the capital city of the County of Nice. Nice was probably founded around 350 BC by the Greeks of Massalia, the ruins of Cemenelum are in Cimiez, now a district of Nice. In the 7th century, Nice joined the Genoese League formed by the towns of Liguria. In 729 the city repulsed the Saracens, but in 859 and again in 880 the Saracens pillaged and burned it, during the Middle Ages, Nice participated in the wars and history of Italy. As an ally of Pisa it was the enemy of Genoa, during the 13th and 14th centuries the city fell more than once into the hands of the Counts of Provence, but it regained its independence even though related to Genoa. The medieval city walls surrounded the Old Town, the landward side was protected by the River Paillon, which was later covered over and is now the tram route towards the Acropolis. The east side of the town was protected by fortifications on Castle Hill, another river flowed into the port on the east side of Castle Hill. Engravings suggest that the area was also defended by walls
14.
Richard Susskind
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Richard Susskind OBE is a British author, speaker, and independent adviser to international professional firms and national governments. Susskind has specialised in legal technology since the early 1980s, has authored 9 books and is a regular columnist at The Times newspaper. They argue that the current professions are antiquated and no longer affordable and they propose 6 models for producing and distributing expertise in society. Susskind chairs the UK Civil Justice Council’s Advisory Group on Online Dispute Resolution, the report recommends HMOC consist of 3 tiers, Online Evaluation, Online Facilitation and Online Judges. According to the report, the benefits of HMOC would be an increase in access to justice, tomorrows Lawyers, An Introduction to Your Future The Future of the Professions, How Technology Will Transform the Work of Human Experts Richard Susskind website
15.
Admiralty law
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Admiralty law or maritime law is a distinct body of law that governs maritime questions and offenses. It is a body of domestic law governing maritime activities, and private international law governing the relationships between private entities that operate vessels on the oceans. It deals with matters including marine commerce, marine navigation, marine salvaging, shipping, sailors, Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character. Seaborne transport was one of the earliest channels of commerce, in southern Italy the Ordinamenta et consuetudo maris at Trani and the Amalfian Laws were in effect from an early date. Islamic law also made contributions to international admiralty law, departing from the previous Roman. Islamic law departed from Justinians Digest and the Nomos Rhodion Nautikos in condemning slave jettison, the Islamic influence on the development of an international law of the sea can thus be discerned alongside that of the Roman influence. Admiralty law was introduced into England by the French Queen Eleanor of Aquitaine while she was acting as regent for her son, in England, special admiralty courts handle all admiralty cases. These courts do not use the law of England, but are civil law courts largely based upon the Corpus Juris Civilis of Justinian. Admiralty courts were a prominent feature in the prelude to the American Revolution, because the Stamp Act was unpopular, a colonial jury was unlikely to convict a colonist of its violation. However, because admiralty courts did not grant trial by jury, Admiralty law became part of the law of the United States as it was gradually introduced through admiralty cases arising after the adoption of the U. S. Many American lawyers who were prominent in the American Revolution were admiralty and those included are Alexander Hamilton in New York and John Adams in Massachusetts. The result was the Seventh Amendment to the U. S. Constitution, in the more modern era, Supreme Court Justice Oliver Wendell Holmes was an admiralty lawyer before ascending to the bench. The doctrine of maintenance and cure is rooted in Article VI of the Rolls of Oleron promulgated in about 1160 A. D. The obligation to cure requires a shipowner to provide care, free of charge, to a seaman injured in the service of the ship. The concept of maximum medical cure is more extensive than the concept maximum medical improvement, the obligation to cure a seaman includes the obligation to provide him with medications and medical devices which improve his ability to function, even if they dont improve his actual condition. They may include long term treatments that permit him to continue to function well, common examples include prostheses, wheelchairs, and pain medications. The obligation of maintenance requires the shipowner to provide a seaman with his living expenses while he is convalescing. Once a seaman is able to work, he is expected to maintain himself, consequently, a seaman can lose his right to maintenance, while the obligation to provide cure is ongoing
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Agriculture
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Agriculture is the cultivation and breeding of animals, plants and fungi for food, fiber, biofuel, medicinal plants and other products used to sustain and enhance human life. Agriculture was the key development in the rise of human civilization. The study of agriculture is known as agricultural science, the history of agriculture dates back thousands of years, and its development has been driven and defined by greatly different climates, cultures, and technologies. Industrial agriculture based on large-scale monoculture farming has become the dominant agricultural methodology, genetically modified organisms are an increasing component of agriculture, although they are banned in several countries. Agricultural food production and water management are increasingly becoming global issues that are fostering debate on a number of fronts, the major agricultural products can be broadly grouped into foods, fibers, fuels, and raw materials. Specific foods include cereals, vegetables, fruits, oils, meats, fibers include cotton, wool, hemp, silk and flax. Raw materials include lumber and bamboo, other useful materials are also produced by plants, such as resins, dyes, drugs, perfumes, biofuels and ornamental products such as cut flowers and nursery plants. The word agriculture is a late Middle English adaptation of Latin agricultūra, from ager, field, Agriculture usually refers to human activities, although it is also observed in certain species of ant, termite and ambrosia beetle. To practice agriculture means to use resources to produce commodities which maintain life, including food, fiber, forest products, horticultural crops. This definition includes arable farming or agronomy, and horticulture, all terms for the growing of plants, even then, it is acknowledged that there is a large amount of knowledge transfer and overlap between silviculture and agriculture. In traditional farming, the two are often combined even on small landholdings, leading to the term agroforestry, Agriculture began independently in different parts of the globe, and included a diverse range of taxa. At least 11 separate regions of the Old and New World were involved as independent centers of origin, wild grains were collected and eaten from at least 105,000 years ago. Pigs were domesticated in Mesopotamia around 15,000 years ago, rice was domesticated in China between 13,500 and 8,200 years ago, followed by mung, soy and azuki beans. Sheep were domesticated in Mesopotamia between 13,000 and 11,000 years ago. From around 11,500 years ago, the eight Neolithic founder crops, emmer and einkorn wheat, hulled barley, peas, lentils, bitter vetch, chick peas and flax were cultivated in the Levant. Cattle were domesticated from the aurochs in the areas of modern Turkey. In the Andes of South America, the potato was domesticated between 10,000 and 7,000 years ago, along with beans, coca, llamas, alpacas, sugarcane and some root vegetables were domesticated in New Guinea around 9,000 years ago. Sorghum was domesticated in the Sahel region of Africa by 7,000 years ago, cotton was domesticated in Peru by 5,600 years ago, and was independently domesticated in Eurasia at an unknown time
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Alien (law)
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In law, an alien is a person who resides within the borders of a country and is not a national of that country, though definitions and terminology differ to some degree. The term Alien is derived from the Latin alienus, meaning stranger, foreign and it is a non-citizen who has entered a country through irregular migration, for example entered illegally, or an alien who entered a country legally but who has fallen out of status. A legal alien is a non-citizen who is permitted to remain in a country. This is a broad category which includes tourists, guest workers, legal permanent residents. A nonresident alien is a non-citizen who is visiting a country, for example as a tourist, on business, entertainers, a resident alien is a non-citizen who has permanent resident status in a country. An enemy alien is a non-citizen who is a national of an enemy country, an alien in English law was someone who was born outside of the monarchs dominions and who did not have allegiance to the monarch. Aliens were not allowed to own land and were subject to different taxes to subjects and this idea was passed on in the Commonwealth to other common law jurisdictions. In Australia, citizenship is defined in the Australian nationality law, non-citizens living in Australia are either permanent residents, temporary residents, or illegal residents. Most non-citizens travelling to Australia must obtain a prior to travel. In Canada, the alien is not used in federal laws. Instead, the foreign national serves as its equivalent and is found in legal documents. The Immigration and Refugee Protection Act defines foreign national as a person who is not a Canadian citizen or a permanent resident, permanent residents and Canadian citizens are not considered as foreign. The British Nationality Act 1772 regulated who was to be called a British national, the Aliens Act 1905, the British Nationality and Status of Aliens Act 1914 and the Aliens Restriction Act 1919 were all products of the turbulence in the early part of the 20th century. In the United Kingdom, the British Nationality Act 1981 defines an alien as a person who is not a British citizen, a citizen of Ireland, in the United States, an alien is any person not a citizen or national of the United States. Governments use of alien dates back to 1798, when it was used in the Alien, U. S. law makes a clear distinction between aliens and immigrants by defining immigrants as a subset of aliens. Although U. S. law provides no overarching explicit definition of the term illegal alien, U. S. law also uses the term unauthorized alien. U. S. immigration laws do not refer to illegal immigrants, because at law, a corporation is a person, the term alien is not limited to natural humans because what are colloquially called foreign corporations are technically called alien corporations. Because corporations are creations of local law, a foreign corporation is an out of state corporation
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Animal
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Animals are multicellular, eukaryotic organisms of the kingdom Animalia. The animal kingdom emerged as a clade within Apoikozoa as the group to the choanoflagellates. Animals are motile, meaning they can move spontaneously and independently at some point in their lives and their body plan eventually becomes fixed as they develop, although some undergo a process of metamorphosis later in their lives. All animals are heterotrophs, they must ingest other organisms or their products for sustenance, most known animal phyla appeared in the fossil record as marine species during the Cambrian explosion, about 542 million years ago. Animals can be divided broadly into vertebrates and invertebrates, vertebrates have a backbone or spine, and amount to less than five percent of all described animal species. They include fish, amphibians, reptiles, birds and mammals, the remaining animals are the invertebrates, which lack a backbone. These include molluscs, arthropods, annelids, nematodes, flatworms, cnidarians, ctenophores, the study of animals is called zoology. The word animal comes from the Latin animalis, meaning having breath, the biological definition of the word refers to all members of the kingdom Animalia, encompassing creatures as diverse as sponges, jellyfish, insects, and humans. Aristotle divided the world between animals and plants, and this was followed by Carl Linnaeus, in the first hierarchical classification. In Linnaeuss original scheme, the animals were one of three kingdoms, divided into the classes of Vermes, Insecta, Pisces, Amphibia, Aves, and Mammalia. Since then the last four have all been subsumed into a single phylum, in 1874, Ernst Haeckel divided the animal kingdom into two subkingdoms, Metazoa and Protozoa. The protozoa were later moved to the kingdom Protista, leaving only the metazoa, thus Metazoa is now considered a synonym of Animalia. Animals have several characteristics that set apart from other living things. Animals are eukaryotic and multicellular, which separates them from bacteria and they are heterotrophic, generally digesting food in an internal chamber, which separates them from plants and algae. They are also distinguished from plants, algae, and fungi by lacking cell walls. All animals are motile, if only at life stages. In most animals, embryos pass through a stage, which is a characteristic exclusive to animals. With a few exceptions, most notably the sponges and Placozoa and these include muscles, which are able to contract and control locomotion, and nerve tissues, which send and process signals
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Arbitration
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Arbitration, a form of alternative dispute resolution, is a technique for the resolution of disputes outside the courts. The parties to a dispute refer it to arbitration by one or more persons, a third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts. Arbitration is often used for the resolution of disputes, particularly in the context of international commercial transactions. Arbitration can be voluntary or mandatory and can be either binding or non-binding. Non-binding arbitration is similar to mediation in that a decision cannot be imposed on the parties, by one definition arbitration is binding and non-binding arbitration is therefore technically not arbitration. Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final, there are limited rights of review and appeal of arbitration awards. This is especially useful when the matter of the dispute is highly technical. Arbitration is often faster than litigation in court, because of the provisions of the New York Convention 1958, arbitration awards are generally easier to enforce in other nations than court verdicts. In most legal systems there are very limited avenues for appeal of an arbitral award, if the arbitration is mandatory and binding, the parties waive their rights to access the courts and to have a judge or jury decide the case. Although usually thought to be speedier, when there are multiple arbitrators on the panel, discovery may be more limited in arbitration or entirely nonexistent. The potential to generate billings by attorneys may be less than pursuing the dispute through trial, unlike court judgments, arbitration awards themselves are not directly enforceable. A party seeking to enforce an arbitration award must resort to judicial remedies, by their nature, the subject matter of some disputes is not capable of arbitration. For example, until the 1980s, antitrust matters were not arbitrable in the United States. Matters relating to crimes, status and family law are not considered to be arbitrable. However, most other disputes that involve private rights between two parties can be resolved using arbitration, in some disputes, parts of claims may be arbitrable and other parts not. Some legal orders exclude or restrict the possibility of arbitration for reasons of the protection of members of the public. Arbitration agreements are generally divided into two types, Agreements which provide that, if a dispute should arise, it will be resolved by arbitration, sometimes, legal significance attaches to the type of arbitration agreement. For example, in certain Commonwealth countries, it is possible to provide each party should bear their own costs in a conventional arbitration clause
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Auction
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An auction is a process of buying and selling goods or services by offering them up for bid, taking bids, and then buying the item to the highest bidder. The open ascending price auction is arguably the most common form of auction in use today, participants bid openly against one another, with each subsequent bid required to be higher than the previous bid. An auctioneer may announce prices, bidders may call out their bids themselves, in economic theory, an auction may refer to any mechanism or set of trading rules for exchange. The word auction is derived from the Latin augeō which means I increase or I augment, for most of history, auctions have been a relatively uncommon way to negotiate the exchange of goods and commodities. In practice, both haggling and sale by set-price have been more common. Indeed, before the century the few auctions that were held were sporadic. Nonetheless, auctions have a history, having been recorded as early as 500 B. C. According to Herodotus, in Babylon auctions of women for marriage were held annually, the auctions began with the woman the auctioneer considered to be the most beautiful and progressed to the least. It was considered illegal to allow a daughter to be sold outside of the auction method, during the Roman Empire, following military victory, Roman soldiers would often drive a spear into the ground around which the spoils of war were left, to be auctioned off. Later slaves, often captured as the spoils of war, were auctioned in the forum under the sign of the spear, the Romans also used auctions to liquidate the assets of debtors whose property had been confiscated. For example, Marcus Aurelius sold household furniture to pay off debts, One of the most significant historical auctions occurred in the year 193 A. D. when the entire Roman Empire was put on the auction block by the Praetorian Guard. On March 23 The Praetorian Guard first killed emperor Pertinax, then offered the empire to the highest bidder, didius Julianus outbid everyone else for the price of 6,250 drachmas per guard, an act that initiated a brief civil war. Didius was then beheaded two months later when Septimius Severus conquered Rome, from the end of the Roman Empire to the eighteenth century auctions lost favor in Europe, while they had never been widespread in Asia. In some parts of England during the seventeenth and eighteenth centuries auction by candle began to be used for the sale of goods and leaseholds, sometimes, other unpredictable processes, such as a footrace, were used in place of the expiration of a candle. This type of auction was first mentioned in 1641 in the records of the House of Lords, the practice rapidly became popular, and in 1660 Samuel Pepyss diary recorded two occasions when the Admiralty sold surplus ships by an inch of candle. The London Gazette began reporting on the auctioning of artwork at the coffeehouses, the first known auction house in the world was Stockholm Auction House, Sweden, founded by Baron Claes Rålamb in 1674. Other early auction houses that are still in operation include Dorotheum, Mallams, Bonhams, Phillips de Pury & Company, Freemans, by the end of the 18th century, auctions of art works were commonly held in taverns and coffeehouses. These auctions were held daily, and auction catalogs were printed to announce available items, in some cases these catalogs were elaborate works of art themselves, containing considerable detail about the items being auctioned
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Bankruptcy
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Bankruptcy is a legal status of a person or other entity that cannot repay the debts it owes to creditors. In most jurisdictions, bankruptcy is imposed by a court order, Bankruptcy is not the only legal status that an insolvent person may have, and the term bankruptcy is therefore not a synonym for insolvency. In some countries, including the United Kingdom, bankruptcy is limited to individuals, in the United States, bankruptcy is applied more broadly to formal insolvency proceedings. In France, the cognate French word banqueroute is used solely for cases of fraudulent bankruptcy, in Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into debt slavery, until the creditor recouped losses through their physical labour. Many city-states in ancient Greece limited debt slavery to a period of five years, debt slaves had protection of life and limb, which regular slaves did not enjoy. However, servants of the debtor could be retained beyond that deadline by the creditor and were forced to serve their new lord for a lifetime. An exception to rule was Athens, which by the laws of Solon forbade enslavement for debt, as a consequence. The Statute of Bankrupts of 1542 was the first statute under English law dealing with bankruptcy or insolvency, Bankruptcy is also documented in East Asia. According to al-Maqrizi, the Yassa of Genghis Khan contained a provision that mandated the death penalty for anyone who became bankrupt three times, a failure of a nation to meet bond repayments has been seen on many occasions. Philip II of Spain had to declare four state bankruptcies in 1557,1560,1575 and 1596, at the edge of Europe, Egypt, Russia, and Turkey have histories of chronic default as well. For private households, it is argued to be insufficient to merely dismiss debts after a certain period and it is important to assess the underlying problems and to minimize the risk of financial distress to re-occur. In most EU Member States, debt discharge is conditioned by a partial payment obligation, in the United States, discharge is conditioned to a lesser extent. The spectrum is broad in the EU, with the UK coming closest to the US system, the Other Member States do not provide the option of a debt discharge. It is almost impossible to discharge student loan debt by filing bankruptcy, unlike most other debtors, the individual with student debt must give a series of reasons and tests to prove that the debtor could not pay the debt. If the person were to file bankruptcy, he or she is encouraged to do so under Chapter 13. In order to avoid bankruptcy, one could negotiate with the lender to lower monthly payments, student loan bankruptcy is considered a last resort. However, some find themselves being forced to file bankruptcy, as the lender refused to lower payments
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Negotiable instrument
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A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, with the payer named on the document. More specifically, it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date. The term can have different meanings, depending on what law is being applied and what country it is used in, examples of negotiable instruments include promissory notes, bills of exchange, banknotes, demand draft and cheques. Because money is promised to be paid, the instrument itself can be used by the holder in due course as a store of value. The instrument may be transferred to a party, it is the holder of the instrument who will ultimately get paid by the payer on the instrument. Transfers can happen at less than the value of the instrument. In the Commonwealth of Nations almost all jurisdictions have codified the law relating to negotiable instruments in a Bills of Exchange Act, the collapse was caused by the court accepting the cha only at progressive discount. Later such document for money used by Middle Eastern merchants. Such prototypes came to be used later by the Iberian and Italian merchants in the 12th century, in Italy in the 13–15th centuries, bills of exchange and promissory notes obtain their main features, while further phases of their development have been associated with France and Germany. English exchange law was different than continental European law because of different legal systems, the modern emphasis on negotiability may also be traced to Lord Mansfield. Germanic Lombards documents may also have elements of negotiability. Certain exceptions exist, such as instances of loss or theft of the instrument, wherein the possessor of the note may be a holder, negotiation requires a valid endorsement of the negotiable instrument. In some instances, the instrument can serve as the writing memorializing a contract. Negotiation can be effected by endorsement and delivery, or by delivery alone, promissory notes and bills of exchange are two primary types of negotiable instruments. The law applicable to the instrument will determine whether it is a negotiable instrument or a non-negotiable instrument. Bank notes are referred to as promissory notes, a promissory note made by a bank. A negotiable instrument or draft is an order by the drawer to the drawee to pay money to the payee. A common type of bill of exchange is the cheque, defined as a bill of exchange drawn on a banker and payable on demand
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Barristers
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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
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Bastardy
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Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy is the status of a child born outside marriage, depending on the cultural context, legitimacy can affect a childs rights of inheritance to the putative fathers estate and the childs right to bear the fathers surname or title. Illegitimacy has also had consequences for the mothers and childs right to support from the putative father, in medieval Wales, a bastard was defined simply as a child not acknowledged by its father. All children, whether born in or out of wedlock, that were acknowledged by the father enjoyed the legal rights. Englands Statute of Merton stated, regarding illegitimacy, He is a bastard that is born before the marriage of his parents and this definition also applied to situations when a childs parents could not marry, as when one or both were already married or when the relationship was incestuous. The Poor Law of 1576 formed the basis of English bastardy law and its purpose was to punish a bastard childs mother and putative father, and to relieve the parish from the cost of supporting mother and child. By an act of 1576, it was ordered that bastards should be supported by their putative fathers, if the genitor could be found, then he was put under very great pressure to accept responsibility and to maintain the child. Under English law, a bastard was unable to be an heir to real property, in contrast to the situation under civil law, a younger non-bastard brother would have no claim to the land. The Legitimacy Act 1926 of England and Wales legitimized the birth of a if the parents subsequently married each other. The Legitimacy Act 1959 extended the legitimization even if the parents had married others in the meantime, neither the 1926 nor 1959 Acts changed the laws of succession to the British throne and succession to peerage titles. The Family Law Reform Act 1969 allowed a bastard to inherit on the intestacy of his parents, in canon and in civil law, the offspring of putative marriages have also been considered legitimate. Since 2003 in England and Wales,2002 in Northern Ireland and 2006 in Scotland, still, children born out of wedlock may not be eligible for certain federal benefits unless the child has been legitimized in the appropriate jurisdiction. Many other countries have abolished by any legal disabilities of a child born out of wedlock. In France, legal reforms regarding illegitimacy began in the 1970s, the European Convention on the Legal Status of Children Born out of Wedlock came into force in 1978. Countries which ratify it must ensure that children born outside marriage are provided with legal rights as stipulated in the text of this Convention, the Convention was ratified by the UK in 1981 and by Ireland in 1988. Use of the illegitimate child is now rare, even in legal contexts. It has been stricken from passports and legal documents as needlessly insulting and stigmatizing to the child, terms such as extra-marital child, love child and child born out of wedlock are more commonly used. Also used in Britain and other English-speaking countries is bastard, though such as natural child are preferred in polite society
25.
Promissory note
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If the promissory note is unconditional and readily saleable, it is called a negotiable instrument. A banknote is frequently referred to as a note, a promissory note made by a bank. Mortgage notes are another prominent example, Promissory notes are a common financial instrument in many jurisdictions, employed principally for short time financing of companies. Often, the seller or provider of a service is not paid upfront by the buyer, but within a period of time, the length of which has been agreed upon by both the seller and the buyer. Depending on the jurisdiction, this deferred payment period can be regulated by law, in countries like France, Italy or Spain, it usually ranges between 30 and 90 days after the purchase. In those cases, the company has the option of asking the bank for a term loan. Once the promissory note reaches its maturity date, its current holder can execute it over the emitter of the note, if the maker fails to pay, however, the bank retains the right to go to the company that cashed the promissory note in, and demand payment. In the case of unsecured promissory notes, the lender accepts the promissory note based solely on the ability to repay, if the maker fails to pay. Thus, promissory notes can work as a form of private money, the terms of a note usually include the principal amount, the interest rate if any, the parties, the date, the terms of repayment and the maturity date. Sometimes, provisions are included concerning the rights in the event of a default. Demand promissory notes are notes that do not carry a specific maturity date, usually the lender will only give the borrower a few days notice before the payment is due. For loans between individuals, writing and signing a promissory note are often instrumental for tax and record keeping, a promissory note alone is typically unsecured, but these may be used in combination with security agreements such as mortgage, in which case they are called mortgage notes. Definition and usage of notes are internationally established by the Convention providing a uniform law for bills of exchange and promissory notes. In the United States, a note that meets certain conditions is a negotiable instrument regulated by article 3 of the Uniform Commercial Code. Negotiable promissory notes called mortgage notes are used extensively in combination with mortgages in the financing of real estate transactions, one prominent example is the Fannie Mae model standard form contract Multistate Fixed-Rate Note 3200, which is publicly available. Promissory notes, or commercial papers, are issued to provide capital to businesses. However, Promissory Notes act as a source of Finance to the companys creditors, historically, promissory notes have acted as a form of privately issued currency. Flying cash or feiqian was a promissory note used during the Tang dynasty, flying cash was regularly used by Chinese tea merchants, and could be exchanged for hard currency at provincial capitals
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Harvard Law Review
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The Harvard Law Review is a law review published by an independent student group at Harvard Law School. According to the Journal Citation Reports, the Harvard Law Reviews 2015 impact factor of 4.979 placed the journal first out of 143 journals in the category Law. It is published monthly from November through June, with the November issue dedicated to covering the previous term of the Supreme Court of the United States. The journal also publishes the online-only Harvard Law Review Forum, a journal of scholarly responses to the main journals content. The Harvard Law Review published its first issue on April 15,1887, from the 1880s to the 1970s, editors were selected on the basis of their grades, the president of the Review was the student with the highest academic rank. The first female African-American president, ImeIme Umana, was elected in 2017, Gannett House, a white building constructed in the Greek Revival style that was popular in New England during the mid-to-late 19th century, has been home to the Harvard Law Review since the 1920s. Before moving into Gannett House, the journal resided in the Law Schools Austin Hall, since the change of criteria in the 1970s, grades are no longer the primary basis of selection for editors. The writing competition includes two components, an edit of an article and an analysis of a recent United States Supreme Court or Court of Appeals case. The writing competition submissions are graded blindly to assure anonymity, fourteen editors are selected based on a combination of their first-year grades and their competition scores. Twenty editors are selected based solely on their competition scores, the remaining twelve editors are selected on a discretionary basis. According to the law reviews webpage, Some of these discretionary slots may be used to implement the Reviews affirmative action policy, the president of the Harvard Law Review is elected by the other editors. Roberts, Jr. served as managing editor for volume 92 Antonin Scalia, served as editor for volume 73 Edward Sanford David J. Secretary of Transportation. Solicitor General, served as Supreme Court editor Archibald Cox, late U. S, solicitor General Christopher Cox, former chairman of U. S. Securities and Exchange Commission Ted Cruz, U. S. Senator from Texas Viet Dinh, former Assistant Attorney General, served as Bluebook editor Charles Evans Hughes Jr. former U. S. Solicitor General Michael Froman, U. S. Trade Representative Julius Genachowski, former chairman of the Federal Communications Commission Ian Gershengorn, edith Ramirez, chairwoman of the Federal Trade Commission Rod Rosenstein, nominee for U. S. Deputy Attorney General Jamie Raskin, U. S. Representative from Maryland Robert A. Taft, U. S, white, former United States Ambassador to Norway Preeta D. He was the Reviews first Canadian editor in the late 1930s
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