1.
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
2.
Supreme Court of Canada
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The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, the creation of the court was provided for by the British North America Act,1867, renamed in 1982 the Constitution Act,1867. The first bills for the creation of a supreme court, introduced in the Parliament of Canada in 1869. It was not until 8 April 1875 that a bill was passed providing for the creation of a Supreme Court of Canada. Prior to 1949, however, the Supreme Court did not constitute the court of last resort, as well, some cases could bypass the court and go directly to the Judicial Committee from the provincial courts of appeal. The Supreme Court of Canada formally became the Court of last resort for criminal appeals in 1933, the last decisions of the Judicial Committee on cases from Canada were made in the mid-1950s, as a result of their being heard in a court of first instance prior to 1949. The increase in the importance of the court was mirrored by the numbers of its members, the court was established first with six judges, and these were augmented by an additional member in 1927. It was in 1949 that the bench reached its current composition, prior to 1949, most of the appointees to the Supreme Court of Canada owed their position to political patronage. Each judge had strong ties to the party in power at the time of their appointment, in 1973, the appointment of a constitutional law professor, Bora Laskin, as chief justice represented a major turning point for the court. Increasingly in this period, appointees either came from backgrounds or were well-respected practitioners with several years experience in appellate courts. Laskins federalist and liberal views were shared by Prime Minister Pierre Trudeau, the evolution from the Dickson court through to the Lamer court witnessed a continuing vigour in the protection of civil liberties. Lamers criminal law background proved an influence on the number of cases heard by the court during his time as chief justice. Nonetheless, the Lamer court was more conservative with charter rights, the appointment of Beverly McLachlin as chief justice in 2000 has resulted in a more centrist and unified court. Dissenting and concurring opinions are fewer than during the Dickson and Lamer Courts, with the 2005 appointments of Justices Louise Charron and Rosalie Abella, the court became the worlds most gender-balanced national high court, four of its nine members being female. Justice Marie Deschamps retirement on 7 August 2012 caused the number to fall to three, the appointment of Suzanne Côté on 1 December 2014 restored the number of female justices to four. At the next level are the provinces and territories superior courts, judgments from the superior courts may be appealed to a still higher level, the provincial or territorial courts of appeal. Several federal courts also exist, the Tax Court of Canada, the Federal Court, the Federal Court of Appeal, unlike the provincial superior courts, which exercise inherent or general jurisdiction, the federal courts jurisdiction is limited by statute. In all there are over 1,000 federally appointed judges at various levels across Canada, the Supreme Court of Canada rests at the apex of the judicial pyramid
3.
Profession
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The term is a truncation of the term liberal profession, which is, in turn, an Anglicization of the French term profession libérale. Medieval and early modern tradition recognized only four professions, divinity, medicine, the military officer, just as some professions rise in status and power through various stages, others may decline. Disciplines formalized more recently, such as architecture, now have equally long periods of study associated with them, originally, any regulation of the professions was self-regulation through bodies such as the College of Physicians or the Inns of Court. With the growing role of government, statutory bodies have taken on this role. It may be resisted as limiting the freedom to innovate or to practice as in their professional judgement they consider best. An example was in 2008, when the British government proposed wide statutory regulation of psychologists, besides regulating access to a profession, professional bodies may set examinations of competence and enforce adherence to an ethical code. Typically, individuals are required by law to be qualified by a professional body before they are permitted to practice in that profession. However, in countries, individuals may not be required by law to be qualified by such a professional body in order to practice. This requirement is set out by the Educational Department Bureau of Hong Kong, Professions tend to be autonomous, which means they have a high degree of control of their own affairs, professionals are autonomous insofar as they can make independent judgments about their work. This usually means the freedom to exercise their professional judgement, however, it also has other meanings. Professional autonomy is often described as a claim of professionals that has to serve primarily their own interests, one major implication of professional autonomy is the traditional ban on corporate practice of the professions, especially accounting, architecture, medicine, and law. This means that in many jurisdictions, these professionals cannot do business through regular for-profit corporations, the obvious implication of this is that all equity owners of the professional business entity must be professionals themselves. This avoids the possibility of an owner of the firm telling a professional how to do his or her job. But because professional business entities are locked out of the stock market. Professions enjoy a social status, regard and esteem conferred upon them by society. This high esteem arises primarily from the social function of their work. All professions involve technical, specialized and highly skilled work often referred to as professional expertise, training for this work involves obtaining degrees and professional qualifications without which entry to the profession is barred. Updating skills through continuing education is required through training and this power is used to control its own members, and also its area of expertise and interests
4.
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
5.
Advocate
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An advocate is a type of professional person in several different legal systems and it is also a commonly used honorific for remarkable lawyers, such as in Adv. The broad equivalent in many English law-based jurisdictions can be a barrister, Advocates, who formed the senior branch of the legal profession in their field, were Doctors of Law of the Oxford, Cambridge, or Dublin and Fellows of the Society of Doctors Commons. Advocates lost their rights of audience in probate and divorce cases when the Crown took these matters over from the church in 1857. The Society of Advocates was never formally wound up, but its building was sold off in 1865, barristers were admitted to the Court of Arches of the Church of England in 1867. More recently, Solicitor Advocates have also allowed to play this role. Advocates are the only lawyers with rights of audience in the courts of the Isle of Man, in court, advocates wear a horsehair wig, stiff collar, bands and a gown in the same way as barristers do elsewhere. It is then necessary to obtain a professional qualification such as the Bar Professional Training Course or the Legal Practice Course. It is not, however, necessary actually to be admitted as an English barrister or solicitor to train as an advocate. Foreign lawyers who have registered as legal practitioners in the Isle of Man for a certain period of time may also undertake a shorter period of training. The examinations are rigorous and candidates are limited to three attempts to pass each paper, the professional conduct of advocates is regulated by the Isle of Man Law Society, which also maintains a library for its members in Douglas. While advocates in the Isle of Man have not traditionally prefixed their names with Advocate in the Channel Islands manner, Advocates are regulated by the Faculty of Advocates in Edinburgh. The Faculty of Advocates has about 750 members, of whom about 460 are in private practice, the Faculty is headed by the Dean of the Faculty who, along with the Vice-Dean, Treasurer, Clerk are elected annually by secret ballot. The Faculty has a company, Faculty Services Ltd, to which almost all advocates belong. This gives a guarantee to all newly called advocates of a place and it remains the case that advocates are not permitted to sue for their fees, as they have no contractual relationship with their instructing solicitor or with the client. Advocates wear wigs, white bow-ties, straps and gowns as dress in court, the process of becoming an advocate is referred to as devilling. All Intrants will be Scottish solicitors, i. e, a devils competence in a number of aspects of written and oral advocacy is assessed during devilling, and if a devil is assessed as not competent, he or she will not be admitted to the Faculty. Further details of this process can be found in the assessment section, there are exceptions for lawyers who are qualified in other European jurisdictions, but all must take the training course as devils. Until 2007, a number of young European lawyers were given a placement with advocates under the European Young Lawyers Scheme organised by the British Council and they are known as Eurodevils, in distinction to the Scottish devils
6.
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
7.
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
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.
Prosecutor
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The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system. The prosecution is the party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Prosecutors are typically lawyers who possess a law degree, and are recognized as legal professionals by the court in which they intend to represent society and they usually only become involved in a criminal case once a suspect has been identified and charges need to be filed. They are typically employed by an office of the government, with safeguards in place to such an office can successfully pursue the prosecution of government officials. Often, multiple offices exist in a country, especially those countries with federal governments where sovereignty has been bifurcated or devolved in some way. Since prosecutors are backed by the power of the state, they are subject to special professional responsibility rules in addition to those binding all lawyers. For example, in the United States, Rule 3.8 of the ABA Model Rules of Professional Conduct requires prosecutors to make timely disclosure to the defense of all evidence or information and that tends to negate the guilt of the accused or mitigates the offense. Not all U. S. states adopt the rules, however, U. S. Supreme Court cases. Typical sources of requirements imposed on prosecutors come from appellate court opinions, state or federal court rules. A DPP may be subject to varying degrees of control by the Attorney General, in Australia, the Offices of the Director of Public Prosecutions institute prosecutions for indictable offences on behalf of the Crown. More recent constitutions, such as South Africas, tend to guarantee the independence, in Canada, public prosecutors in most provinces are called Crown Attorney or Crown Counsel. They are generally appointed by the provincial Attorney-General, though Scots law is a mixed system, its civil law jurisdiction indicates its civil law heritage. Here, all prosecutions are carried out by Procurators Fiscal and Advocates Depute on behalf of the Lord Advocate, in very serious cases, a Procurator Fiscal, Advocate Depute or even the Lord Advocate, may take charge of a police investigation. Other remedies are open to a prosecutor in Scotland, including fines and non-court based interventions, such as rehabilitation. All prosecutions are handled within the Crown Office and Procurator Fiscal Service, Procurators fiscal will usually refer cases involving minors to Childrens Hearings, which are not courts of law, but a panel of lay members empowered to act in the interests of the child. In the United States, the director of an office may be known by any of several names depending on the jurisdiction. Prosecutors are most often chosen through local elections, and typically hire other attorneys as deputies or assistants to conduct most of the work of the office. United States Attorneys, appointed by the President and confirmed by the Senate, represent the government in federal court
10.
Ancient Rome
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In its many centuries of existence, the Roman state evolved from a monarchy to a classical republic and then to an increasingly autocratic empire. Through conquest and assimilation, it came to dominate the Mediterranean region and then Western Europe, Asia Minor, North Africa and it is often grouped into classical antiquity together with ancient Greece, and their similar cultures and societies are known as the Greco-Roman world. Ancient Roman civilisation has contributed to modern government, law, politics, engineering, art, literature, architecture, technology, warfare, religion, language and society. Rome professionalised and expanded its military and created a system of government called res publica, the inspiration for modern republics such as the United States and France. By the end of the Republic, Rome had conquered the lands around the Mediterranean and beyond, its domain extended from the Atlantic to Arabia, the Roman Empire emerged with the end of the Republic and the dictatorship of Augustus Caesar. 721 years of Roman-Persian Wars started in 92 BC with their first war against Parthia and it would become the longest conflict in human history, and have major lasting effects and consequences for both empires. Under Trajan, the Empire reached its territorial peak, Republican mores and traditions started to decline during the imperial period, with civil wars becoming a prelude common to the rise of a new emperor. Splinter states, such as the Palmyrene Empire, would divide the Empire during the crisis of the 3rd century. Plagued by internal instability and attacked by various migrating peoples, the part of the empire broke up into independent kingdoms in the 5th century. This splintering is a landmark historians use to divide the ancient period of history from the pre-medieval Dark Ages of Europe. King Numitor was deposed from his throne by his brother, Amulius, while Numitors daughter, Rhea Silvia, because Rhea Silvia was raped and impregnated by Mars, the Roman god of war, the twins were considered half-divine. The new king, Amulius, feared Romulus and Remus would take back the throne, a she-wolf saved and raised them, and when they were old enough, they returned the throne of Alba Longa to Numitor. Romulus became the source of the citys name, in order to attract people to the city, Rome became a sanctuary for the indigent, exiled, and unwanted. This caused a problem for Rome, which had a large workforce but was bereft of women, Romulus traveled to the neighboring towns and tribes and attempted to secure marriage rights, but as Rome was so full of undesirables they all refused. Legend says that the Latins invited the Sabines to a festival and stole their unmarried maidens, leading to the integration of the Latins, after a long time in rough seas, they landed at the banks of the Tiber River. Not long after they landed, the men wanted to take to the sea again, one woman, named Roma, suggested that the women burn the ships out at sea to prevent them from leaving. At first, the men were angry with Roma, but they realized that they were in the ideal place to settle. They named the settlement after the woman who torched their ships, the Roman poet Virgil recounted this legend in his classical epic poem the Aeneid
11.
Roman magistrate
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The Roman magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the executive magistrate. His power, in practice, was absolute and he was the chief priest, lawgiver, judge, and the sole commander of the army. When the king died, his power reverted to the Roman Senate, during the transition from monarchy to republic, the constitutional balance of power shifted from the executive to the Roman Senate. When the Roman Republic was founded in 509 BC, the powers that had held by the king were transferred to the Roman consuls. Magistrates of the republic were elected by the people of Rome, Dictators had more major powers than any other magistrate, and after the Dictator was the censor, and then the consul, and then the praetor, and then the curule aedile, and then the quaestor. Any magistrate could obstruct an action that was being taken by a magistrate with an equal or lower degree of magisterial powers, during the transition from republic to empire, the constitutional balance of power shifted from the Roman Senate back to the executive. Theoretically, the senate elected each new emperor, in practice each emperor chose his own successor, the powers of an emperor existed, in theory at least, by virtue of his legal standing. The two most significant components to an emperors imperium were the powers and the proconsular powers. In theory at least, the tribunician powers gave the authority over Romes civil government. While these distinctions were clearly defined during the empire, eventually they were lost. The traditional magistracies that survived the fall of the republic were the consulship, praetorship, plebeian tribunate, aedileship, quaestorship, and military tribunate. Mark Antony abolished the offices of Roman dictator and Master of the Horse during his Consulship in 44 BC, while the offices of Interrex, the executive magistrates of the Roman Kingdom were elected officials of the ancient Roman Kingdom. During the period of the Roman Kingdom, the Roman King was the executive magistrate. He was the executive, chief priest, chief lawgiver, chief judge. His powers rested on law and legal precedent, and he could receive these powers through the political process of an election. In practice, he had no restrictions on his power. When war broke out, he had the power to organize and levy troops, to select leaders for the army
12.
Judiciary
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The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes, in some nations, under doctrines of separation of powers, the judiciary generally does not make law or enforce law, but rather interprets law and applies it to the facts of each case. In other nations, the judiciary can make law, known as Common Law, by setting precedent for other judges to follow, the Judiciary is often tasked with ensuring equal justice under law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review, Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law. Budget of the judiciary in many transitional and developing countries is almost completely controlled by the executive, the latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics and it is important to distinguish between the two methods of corruption of the judiciary, the state, and the private. For instance, in France, the jurisprudence constante of the Court of Cassation or the Council of State is equivalent in practice with case law, in common law jurisdictions, courts interpret law, this includes constitutions, statutes, and regulations. They also make law based upon prior case law in areas where the legislature has not made law, for instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law, in civil law jurisdictions, courts interpret the law, but are prohibited from creating law, and thus do not issue rulings more general than the actual case to be judged. Jurisprudence plays a role to case law. State courts, which try 98% of litigation, may have different names and organization, trial courts may be called courts of common plea, appellate courts superior courts or commonwealth courts. The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort. In France, the authority on the interpretation of the law is the Council of State for administrative cases. In the Peoples Republic of China, the authority on the interpretation of the law is the National Peoples Congress. Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court, in this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices and this number has been changed several times. Japans process for selecting judges is longer and more stringent than the process in the United States, assistant judges are appointed from those who have completed their training at the Legal Training and Research Institute located in Wako. Once appointed, assistant judges still may not qualify to sit alone until they have served for five years, Judges require ten years of experience in practical affairs, as a public prosecutor or practicing attorney
13.
China
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China, officially the Peoples Republic of China, is a unitary sovereign state in East Asia and the worlds most populous country, with a population of over 1.381 billion. The state is governed by the Communist Party of China and its capital is Beijing, the countrys major urban areas include Shanghai, Guangzhou, Beijing, Chongqing, Shenzhen, Tianjin and Hong Kong. China is a power and a major regional power within Asia. Chinas landscape is vast and diverse, ranging from forest steppes, the Himalaya, Karakoram, Pamir and Tian Shan mountain ranges separate China from much of South and Central Asia. The Yangtze and Yellow Rivers, the third and sixth longest in the world, respectively, Chinas coastline along the Pacific Ocean is 14,500 kilometers long and is bounded by the Bohai, Yellow, East China and South China seas. China emerged as one of the worlds earliest civilizations in the basin of the Yellow River in the North China Plain. For millennia, Chinas political system was based on hereditary monarchies known as dynasties, in 1912, the Republic of China replaced the last dynasty and ruled the Chinese mainland until 1949, when it was defeated by the communist Peoples Liberation Army in the Chinese Civil War. The Communist Party established the Peoples Republic of China in Beijing on 1 October 1949, both the ROC and PRC continue to claim to be the legitimate government of all China, though the latter has more recognition in the world and controls more territory. China had the largest economy in the world for much of the last two years, during which it has seen cycles of prosperity and decline. Since the introduction of reforms in 1978, China has become one of the worlds fastest-growing major economies. As of 2016, it is the worlds second-largest economy by nominal GDP, China is also the worlds largest exporter and second-largest importer of goods. China is a nuclear weapons state and has the worlds largest standing army. The PRC is a member of the United Nations, as it replaced the ROC as a permanent member of the U. N. Security Council in 1971. China is also a member of numerous formal and informal multilateral organizations, including the WTO, APEC, BRICS, the Shanghai Cooperation Organization, the BCIM, the English name China is first attested in Richard Edens 1555 translation of the 1516 journal of the Portuguese explorer Duarte Barbosa. The demonym, that is, the name for the people, Portuguese China is thought to derive from Persian Chīn, and perhaps ultimately from Sanskrit Cīna. Cīna was first used in early Hindu scripture, including the Mahābhārata, there are, however, other suggestions for the derivation of China. The official name of the state is the Peoples Republic of China. The shorter form is China Zhōngguó, from zhōng and guó and it was then applied to the area around Luoyi during the Eastern Zhou and then to Chinas Central Plain before being used as an occasional synonym for the state under the Qing
14.
Magistrate (England and Wales)
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They are called justices of the peace or magistrates. These magistrates were termed lay magistrates to distinguish them from professional magistrates known as stipendiary magistrates, district judges sit alone to hear cases and are permanently employed by the Ministry of Justice. Magistrates are not paid, apart from an allowance for loss of earnings, mileage, a practising solicitor or barrister may sit part-time as a deputy district judge. Retired district judges may sit as deputies. District judges are addressed in court as sir or madam. In law reports, they are referred to as DJ Smith, Magistrates generally sit in threes in order to give judgement on a variety of cases in magistrates courts, youth courts and family proceedings courts. The lead magistrate, known as the chairman, is addressed in court as sir or madam or your worship. In law reports, they are referred to as John Smith JP, Magistrates deal with less serious criminal cases, such as minor theft, criminal damage, assaults, public disorder and motoring offences. All magistrates sit in adult criminal courts as benches of three, mixed in gender, age and ethnicity whenever possible to bring a broad experience of life to the bench. All three members of the bench have equal decision-making powers but only the chairman speaks in court, a qualified legal adviser, also known as the court clerk, sits with the bench in the court room and is available to them at all times during the court sitting. The term bench is also used collectively to describe a group of magistrates assigned to a local justice area. Today, in England and Wales, the word is used to describe a justice of the peace, the office of justice of the peace has its origins in the 12th century when Richard I appointed keepers of the peace in 1195. The title justice of the peace derives from 1361, in the reign of Edward III, an Act of 1327 had referred to good and lawful men to be appointed in every county in the land to guard the Peace. Justices of the peace still retain the power confirmed to them by the Justices of the Peace Act 1361 to bind over unruly persons to be of good behaviour. The bind over is not a punishment, but a preventive measure, over the following centuries, justices acquired many administrative duties, such as the administration of the Poor Laws, highways and bridges, and weights and measures. It was relatively common for these magistrates to write out, on the spot, the 19th century saw elected local authorities taking over many of these duties. There is one remnant of these duties, the jurisdiction over the licensing of pubs and clubs. Towards the end of the 18th century, the absence of a police force
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Cursus honorum
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The cursus honorum was the sequential order of public offices held by aspiring politicians in both the Roman Republic and the early Roman Empire. It was designed for men of senatorial rank, the cursus honorum comprised a mixture of military and political administration posts. Each office had an age for election. There were minimum intervals between holding successive offices and laws forbade repeating an office and these rules were altered and flagrantly ignored in the course of the last century of the Republic. For example, Gaius Marius held consulships for five years in a row between 104 BC and 100 BC, officially presented as opportunities for public service, the offices often became mere opportunities for self-aggrandizement. The reforms of Lucius Cornelius Sulla required a period between holding another term in the same office. To have held office at the youngest possible age was considered a great political success. Cicero expressed extreme pride not only in being a novus homo who became consul even though none of his ancestors had served as a consul. The cursus honorum began with ten years of duty in the Roman cavalry or in the staff of a general who was a relative or a friend of the family. The ten years of service were intended to be mandatory in order to qualify for office, but in practice. A more prestigious position was that of a military tribune, in the early Roman Republic,24 men at the age of around 20 were elected by the Tribal Assembly to serve as a commander in the legions, with six tribunes to each and command rotating among them. Tribunes could also be appointed by the consuls or by military commanders in the field as necessary. After the reforms of Gaius Marius in 107 BC, the six tribunes acted as officers for the legionary Legatus and were appointed tasks. The following steps of the cursus honorum were achieved by direct election every year, the first official post was that of quaestor. Candidates had to be at least 30 years old, however, men of patrician rank could subtract two years from this and other minimum age requirements. Twenty quaestors served in the administration at Rome or as second-in-command to a governor in the provinces. They could also serve as the paymaster for a legion, a young man who obtained this job was expected to become a very important official. An additional task of all quaestors was the supervision of public games, as a quaestor, an official was allowed to wear the toga praetexta, but was not escorted by lictors, nor did he possess imperium
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Judicial
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The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes, in some nations, under doctrines of separation of powers, the judiciary generally does not make law or enforce law, but rather interprets law and applies it to the facts of each case. In other nations, the judiciary can make law, known as Common Law, by setting precedent for other judges to follow, the Judiciary is often tasked with ensuring equal justice under law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review, Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law. Budget of the judiciary in many transitional and developing countries is almost completely controlled by the executive, the latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics and it is important to distinguish between the two methods of corruption of the judiciary, the state, and the private. For instance, in France, the jurisprudence constante of the Court of Cassation or the Council of State is equivalent in practice with case law, in common law jurisdictions, courts interpret law, this includes constitutions, statutes, and regulations. They also make law based upon prior case law in areas where the legislature has not made law, for instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law, in civil law jurisdictions, courts interpret the law, but are prohibited from creating law, and thus do not issue rulings more general than the actual case to be judged. Jurisprudence plays a role to case law. State courts, which try 98% of litigation, may have different names and organization, trial courts may be called courts of common plea, appellate courts superior courts or commonwealth courts. The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort. In France, the authority on the interpretation of the law is the Council of State for administrative cases. In the Peoples Republic of China, the authority on the interpretation of the law is the National Peoples Congress. Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court, in this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices and this number has been changed several times. Japans process for selecting judges is longer and more stringent than the process in the United States, assistant judges are appointed from those who have completed their training at the Legal Training and Research Institute located in Wako. Once appointed, assistant judges still may not qualify to sit alone until they have served for five years, Judges require ten years of experience in practical affairs, as a public prosecutor or practicing attorney
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Consul
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Consul was the title of one of the chief magistrates of the Roman Republic, and subsequently a somewhat significant title under the Roman Empire. The title was used in other city states and also revived in modern states. The relating adjective is consular, from the consularis, in modern terminology, a consul is a type of diplomat. The American Heritage Dictionary defines consul as an appointed by a government to reside in a foreign country. Throughout most of southern France, a consul was an equivalent to the échevins of the north. The most prominent were those of Bordeaux and Toulouse, which came to be known as jurats and capitouls, the capitouls of Toulouse were granted transmittable nobility. In many other towns the first consul, was the equivalent of a mayor today, assisted by a variable number of secondary consuls. His main task was to levy and collect tax, the Dukes of Gaeta often used also the title of consul in its Greek form Hypatos. The city-state of Genoa, unlike ancient Rome, bestowed the title of consul on various state officials, among these were Genoese officials stationed in various Mediterranean ports, whose role included helping Genoese merchants and sailors in difficulties with the local authorities. This institution, with its name, was emulated by other powers and is reflected in the modern usage of the word. In reality, the first consul, Bonaparte, dominated his two colleagues and held power, soon making himself consul for life and eventually, in 1804. Chief magistrate, an office held for four months by one of the consuls. As noted above, Bologna already had consuls at some parts of its Medieval history, while many cities had a double-headed chief magistracy, often another title was used, such as Duumvir or native styles such as Meddix, but consul was used in some. It was not uncommon for an organization under Roman private law to copy the terminology of state, the founding statute, or contract, of such an organisation was called lex, law. The people elected each year were patricians, members of the upper class. org, see each present country
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Roman Republic
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It was during this period that Romes control expanded from the citys immediate surroundings to hegemony over the entire Mediterranean world. During the first two centuries of its existence, the Roman Republic expanded through a combination of conquest and alliance, by the following century, it included North Africa, most of the Iberian Peninsula, and what is now southern France. Two centuries after that, towards the end of the 1st century BC, it included the rest of modern France, Greece, and much of the eastern Mediterranean. By this time, internal tensions led to a series of wars, culminating with the assassination of Julius Caesar. The exact date of transition can be a matter of interpretation, Roman government was headed by two consuls, elected annually by the citizens and advised by a senate composed of appointed magistrates. Over time, the laws that gave exclusive rights to Romes highest offices were repealed or weakened. The leaders of the Republic developed a tradition and morality requiring public service and patronage in peace and war, making military. Many of Romes legal and legislative structures can still be observed throughout Europe and much of the world in modern nation states, the exact causes and motivations for Romes military conflicts and expansions during the republic are subject to wide debate. While they can be seen as motivated by outright aggression and imperialism and they argue that Romes expansion was driven by short-term defensive and inter-state factors, and the new contingencies that these decisions created. In its early history, as Rome successfully defended itself against foreign threats in central and then northern Italy, with some important exceptions, successful wars in early republican Rome generally led not to annexation or military occupation, but to the restoration of the way things were. But the defeated city would be weakened and thus able to resist Romanizing influences. It was also able to defend itself against its non-Roman enemies. It was, therefore, more likely to seek an alliance of protection with Rome and this growing coalition expanded the potential enemies that Rome might face, and moved Rome closer to confrontation with major powers. The result was more alliance-seeking, on the part of both the Roman confederacy and city-states seeking membership within that confederacy. While there were exceptions to this, it was not until after the Second Punic War that these alliances started to harden into something more like an empire and this shift mainly took place in parts of the west, such as the southern Italian towns that sided with Hannibal. In contrast, Roman expansion into Spain and Gaul occurred as a mix of alliance-seeking, in the 2nd century BC, Roman involvement in the Greek east remained a matter of alliance-seeking, but this time in the face of major powers that could rival Rome. This had some important similarities to the events in Italy centuries earlier, with some major exceptions of outright military rule, the Roman Republic remained an alliance of independent city-states and kingdoms until it transitioned into the Roman Empire. It was not until the time of the Roman Empire that the entire Roman world was organized into provinces under explicit Roman control
19.
Praetor
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Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities, the commander of an army, or, an elected magistratus, assigned various duties. The prefix prae is an indication that the title-holder was prior, in some way. Livy mentions that the Latini were led and governed in warfare by two of them and the Samnites by one, a dictator was called the praetor maximus. The use of the adjectives in a number of circumstances testify to a general sense. The leadership functions of any body at Rome might be termed praetorial. The praetoria potestas in Republican Rome was at first held by the consuls and these two officials, elected on a yearly basis, inherited the power of the king. Very likely, the king himself was the first praetor, Let there be two with the authority of the king, and let them be called praetors, judges and consuls from their going before, judging and consulting. Let them have the right of command of the military. This etymology of praetor became and remains the standard, cicero considers the word to contain the same elemental parts as the verb praeire. In exactly what way he goes before did not survive, livy explains that in the year 366 BC the praetura was created to relieve the consuls of their judicial duties. The praetor was, in an English sense, the chief justice, the consuls were his peers, he was elected by the same electorate and sworn in on the same day with the same oath. Until 337 BC the praetor was chosen only from the patricians, from then on, praetors appear frequently in Roman history, first as generals and judges, then as provincial governors. Beginning in the late Republic, a former Praetor could serve as a Propraetor, the elected praetor was a magistratus curulis, exercised imperium, and consequently was one of the magistrati majores. He had the right to sit in the sella curulis and wear the toga praetexta and he was attended by six lictors. A praetor was a magistrate with imperium within his own sphere, the potestas and imperium of the consuls and the praetors under the Republic should not be exaggerated. They did not use independent judgment in resolving matters of state, unlike todays executive branches, they were assigned high-level tasks directly by senatorial decree under the authority of the SPQR. Livy describes the assignments given to consuls or praetors in some detail. As magistrates, they had standing duties to perform, especone principle that limited what could be assigned to them was that their duties must not concern them with minima and they were by definition doers of maxima
20.
Aedile
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Aedile was an office of the Roman Republic. Based in Rome, the aediles were responsible for maintenance of public buildings and they also had powers to enforce public order. An aedilis curulis was classified as a magister curulis, the office of the aedilis was generally held by young men intending to follow the cursus honorum to high political office, traditionally after their quaestorship but before their praetorship. It was not a part of the cursus, and hence a former quaestor could be elected to the praetorship without having held the position of aedile. The plebeian aediles were created in the year as the Tribunes of the People. Originally intended as assistants to the tribunes, they guarded the rights of the plebs with respect to their headquarters, subsequently, they assumed responsibility for maintenance of the citys buildings as a whole. Their duties at first were simply ministerial and they were the assistants to the tribunes in whatever matters that the tribunes might entrust to them, although most matters with which they were entrusted were of minimal importance. Around 446 BC, they were given the authority to care for the decrees of the senate, when a senatus consultum was passed, it would be transcribed into a document, and deposited in the public treasury, the Aerarium. They were given power because the Roman Consuls, who had held this power before. They also maintained the acts of the Plebeian Council, the plebiscites, plebiscites, once passed, were also transcribed into a physical document for storage. While their powers grew over time, it is not always easy to distinguish the difference between their powers, and those of the Roman Censors, occasionally, if a Censor was unable to carry out one of his tasks, an Aedile would perform the task instead. Curule Aediles, as magistrates, held certain honors that Plebeian Aediles. Besides having the right to sit on a Curule Chair and to wear a toga praetexta and these edicts often pertained to matters such as the regulation of the public markets, or what we might call economic regulation. Livy suggests, perhaps incorrectly, that both Curule as well as Plebeian Aediles were sacrosanct, although the curule aediles always ranked higher than the plebeian, their functions gradually approximated and became practically identical. Within five days after the beginning of their terms, the four Aediles were required to determine, by lot or by agreement among themselves, there was a distinction between the two sets of Aediles when it came to public festivals. Some festivals were Plebeian in nature, and thus were under the superintendence of Plebeian Aediles, other festivals were supervised exclusively by the Curule Aediles, and it was often with these festivals that the Aediles would spend lavishly. This was often done so as to secure the support of voters in future elections, because Aediles were not reimbursed for any of their public expenditures, most individuals who sought the office were independently wealthy. Since this office was a stone to higher office and the Senate
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Public works
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Public works are a broad category of infrastructure projects, financed and constructed by the government, for recreational, employment, and health and safety uses in the greater community. They include public buildings, transport infrastructure, public spaces, public services, though often interchangeable with public infrastructure and public capital, public works does not necessarily carry an economic component, thereby being a broader term. Public works is a concept in economics and politics, touching on multiple arenas including, recreation, aesthetics, economy, law. Essentially, it represents any constructed object that augments a nations physical infrastructure, municipal infrastructure, urban infrastructure, and rural development usually represent the same concept but imply either large cities or developing nations concerns respectively. The terms public infrastructure or critical infrastructure are at times used interchangeably, furthermore, the term public works has recently been expanded to include digital public infrastructure projects. The first nationwide digital public works project is an effort to create an open source platform for e-voting. This functions as a form of safety net. PWPs are activities which entail the payment of a wage by the state, one particular form of public works, that of offering a short-term period of employment, has come to dominate practice, particularly in regions such as Sub-Saharan Africa. Applied in the term, this is appropriate as a response to transient shocks. Investing in public projects in order to stimulate the general economy has been a popular policy measure since the economic crisis of the 1930s. More recent examples are the 2008-2009 Chinese economic stimulus program, the 2008 European Union stimulus plan, and the American Recovery and Reinvestment Act of 2009. Governments will invest in public works because of the benefit to society when there is a lack of private sector benefit or the risk is too great for a private company to accept on its own. According to research conducted at the Aalborg University, 86% of public works projects end up with cost overruns and this money is only spent during the course of the project if the construction managers judge that it is necessary, and typically the expenditure must be justified in writing. Public Works magazine - The voice of professionals serving Americas communities Planete TP - The world of public works Digging holes, how far do public works enhance livelihoods
22.
Market (economics)
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A market is one of the many varieties of systems, institutions, procedures, social relations and infrastructures whereby parties engage in exchange. While parties may exchange goods and services by barter, most markets rely on sellers offering their goods or services in exchange for money from buyers and it can be said that a market is the process by which the prices of goods and services are established. Markets facilitate trade and enable the distribution and allocation of resources in a society, Markets allow any trade-able item to be evaluated and priced. A market emerges more or less spontaneously or may be constructed deliberately by human interaction in order to enable the exchange of rights of services, Markets can also be worldwide, for example the global diamond trade. National economies can be classified, for example as developed markets or developing markets, in mainstream economics, the concept of a market is any structure that allows buyers and sellers to exchange any type of goods, services and information. The exchange of goods or services, with or without money, is a transaction, a major topic of debate is how much a given market can be considered to be a free market, that is free from government intervention. However it is not always clear how the allocation of resources can be improved since there is always the possibility of government failure, a market is one of the many varieties of systems, institutions, procedures, social relations and infrastructures whereby parties engage in exchange. While parties may exchange goods and services by barter, most markets rely on sellers offering their goods or services in exchange for money from buyers and it can be said that a market is the process by which the prices of goods and services are established. Markets facilitate trade and enables the distribution and allocation of resources in a society, Markets allow any trade-able item to be evaluated and priced. A market sometimes emerges more or less spontaneously but is often constructed deliberately by human interaction in order to enable the exchange of rights of services. Markets of varying types can spontaneously arise whenever a party has interest in a good or service that other party can provide. Hence there can be a market for cigarettes in correctional facilities, another for chewing gum in a playground, and yet another for contracts for the future delivery of a commodity. Markets vary in form, scale, location, and types of participants, as well as the types of goods and services traded, nevertheless, violence and they apply the market dynamics to facilitate information aggregation. However, market prices may be distorted by a seller or sellers with monopoly power, such price distortions can have an adverse effect on market participants welfare and reduce the efficiency of market outcomes. Also, the level of organization and negotiating power of buyers and sellers markedly affects the functioning of the market. Markets are a system, and systems have structure, the structure of a well-functioning market is defined by the theory of perfect competition. Market failures are often associated with time-inconsistent preferences, information asymmetries, non-perfectly competitive markets, principal–agent problems, externalities, among the major negative externalities which can occur as a side effect of production and market exchange, are air pollution and environmental degradation. There exists a popular thought, especially among economists, that markets would have a structure of a perfect competition
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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
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Roman Empire
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Civil wars and executions continued, culminating in the victory of Octavian, Caesars adopted son, over Mark Antony and Cleopatra at the Battle of Actium in 31 BC and the annexation of Egypt. Octavians power was then unassailable and in 27 BC the Roman Senate formally granted him overarching power, the imperial period of Rome lasted approximately 1,500 years compared to the 500 years of the Republican era. The first two centuries of the empires existence were a period of unprecedented political stability and prosperity known as the Pax Romana, following Octavians victory, the size of the empire was dramatically increased. After the assassination of Caligula in 41, the senate briefly considered restoring the republic, under Claudius, the empire invaded Britannia, its first major expansion since Augustus. Vespasian emerged triumphant in 69, establishing the Flavian dynasty, before being succeeded by his son Titus and his short reign was followed by the long reign of his brother Domitian, who was eventually assassinated. The senate then appointed the first of the Five Good Emperors, the empire reached its greatest extent under Trajan, the second in this line. A period of increasing trouble and decline began with the reign of Commodus, Commodus assassination in 192 triggered the Year of the Five Emperors, of which Septimius Severus emerged victorious. The assassination of Alexander Severus in 235 led to the Crisis of the Third Century in which 26 men were declared emperor by the Roman Senate over a time span. It was not until the reign of Diocletian that the empire was fully stabilized with the introduction of the Tetrarchy, which saw four emperors rule the empire at once. This arrangement was unsuccessful, leading to a civil war that was finally ended by Constantine I. Constantine subsequently shifted the capital to Byzantium, which was renamed Constantinople in his honour and it remained the capital of the east until its demise. Constantine also adopted Christianity which later became the state religion of the empire. However, Augustulus was never recognized by his Eastern colleague, and separate rule in the Western part of the empire ceased to exist upon the death of Julius Nepos. The Eastern Roman Empire endured for another millennium, eventually falling to the Ottoman Turks in 1453, the Roman Empire was among the most powerful economic, cultural, political and military forces in the world of its time. It was one of the largest empires in world history, at its height under Trajan, it covered 5 million square kilometres. It held sway over an estimated 70 million people, at that time 21% of the entire population. Throughout the European medieval period, attempts were made to establish successors to the Roman Empire, including the Empire of Romania, a Crusader state. Rome had begun expanding shortly after the founding of the republic in the 6th century BC, then, it was an empire long before it had an emperor
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Head of state
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A head of state is the public persona that officially represents the national unity and legitimacy of a sovereign state. In some countries, the head of state is a figurehead with limited or no executive power, while in others. Former French president Charles de Gaulle, while developing the current Constitution of France, some academic writers discuss states and governments in terms of models. An independent nation state normally has a head of state, the non-executive model, in which the head of state has either none or very limited executive powers, and mainly has a ceremonial and symbolic role. In parliamentary systems the head of state may be merely the chief executive officer, heading the executive branch of the state. This accountability and legitimacy requires that someone be chosen who has a majority support in the legislature and it also gives the legislature the right to vote down the head of government and their cabinet, forcing it either to resign or seek a parliamentary dissolution. In parliamentary constitutional monarchies, the legitimacy of the head of state typically derives from the tacit approval of the people via the elected representatives. In reality, numerous variants exist to the position of a head of state within a parliamentary system, usually, the king had the power of declaring war without previous consent of the parliament. For example, under the 1848 constitution of the Kingdom of Italy, the Statuto Albertino—the parliamentary approval to the government appointed by the king—was customary, so, Italy had a de facto parliamentarian system, but a de jure presidential system. These officials are excluded completely from the executive, they do not possess even theoretical executive powers or any role, even formal, hence their states governments are not referred to by the traditional parliamentary model head of state styles of His/Her Majestys Government or His/Her Excellencys Government. Within this general category, variants in terms of powers and functions may exist, the constitution explicitly vests all executive power in the Cabinet, who is chaired by the prime minister and responsible to the Diet. The emperor is defined in the constitution as the symbol of the State and of the unity of the people and he is a ceremonial figurehead with no independent discretionary powers related to the governance of Japan. Today, the Speaker of the Riksdag appoints the prime minister, Cabinet members are appointed and dismissed at the sole discretion of the prime minister. In contrast, the contact the President of Ireland has with the Irish government is through a formal briefing session given by the taoiseach to the president. However, he or she has no access to documentation and all access to ministers goes through the Department of the Taoiseach. The president does, however, hold limited reserve powers, such as referring a bill to the court to test its constitutionality. The most extreme non-executive republican Head of State is the President of Israel, semi-presidential systems combine features of presidential and parliamentary systems, notably a requirement that the government be answerable to both the president and the legislature. The constitution of the Fifth French Republic provides for a minister who is chosen by the president
26.
Head of government
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The term head of government is often differentiated from the term head of state, as they may be separate positions, individuals, and/or roles depending on the country. In parliamentary systems, including constitutional monarchies, the head of government is the de facto leader of the government. For example, in the United Kingdom, the prime minister advises the Queen on the appointment of the cabinet, advice she is required to accept. On the other hand, the Queens long service as the head of state enables her to provide the prime minister with information and insight into many matters to better run the government. However, because the United Kingdom is a monarchy, the Prime Minister uses his or her own discretion regarding whether or not to follow the Queens advice. The Queen also is entitled to appoint a new Prime Minister, in presidential republics or in absolute monarchies, the head of state is also usually the head of government. The relationship between that leader and the government, however, can vary greatly, ranging from separation of powers to autocracy, in semi-presidential systems, the head of government may answer to both the head of state and the legislature, with the specifics provided by each countrys constitution. A modern example is the present French government, which originated as the French Fifth Republic in 1958, in France, the president, the head of state, appoints the prime minister, who is the head of government. In some cases, the head of state may represent one political party, in this case, known as cohabitation, the prime minister, along with the cabinet, controls domestic policy, with the presidents influence is largely restricted to foreign affairs. In directorial systems, the executive responsibilities of the head of government are spread among a group of people, a prominent example is the Swiss Federal Council, where each member of the council heads a department and also votes on proposals relating to all departments. A common title for many heads of government is prime minister, various constitutions use different titles, and even the same title can have various multiple meanings, depending on the constitutional order and political system of the state in question. In addition to prime minister, titles used for the democratic model, some of these titles relate to governments below the national level. Have been used by various Empires, Kingdoms and Princely States of India as a title for the Prime Minister, maltese, In Malta, the head of government is Prim Ministru. In this case, the prime minister serves at the pleasure of the monarch, some such titles are diwan, mahamantri, pradhan, wasir or vizier. However, just because the head of state is the de jure dominant position does not mean that he/she will not always be the de facto political leader, in some cases, the head of state is a figurehead whilst the head of the government leads the ruling party. In some cases a head of government may even pass on the title in hereditary fashion, the ability to vote down legislative proposals of the government. Control over or ability to vote down fiscal measures and the budget, all of these requirements directly impact the Head of governments role. Many parliamentary systems require ministers to serve in parliament, while others ban ministers from sitting in parliament, heads of government are typically removed from power in a parliamentary system by Resignation, following, Defeat in a general election
27.
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
28.
Judiciary of Portugal
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The Judiciary of Portugal is a system of courts that together constitute one of the four organs of Sovereignty as defined by the Portuguese Constitution. The courts are independent from the other three Portuguese organs of Sovereignty, the Portuguese courts are divided by four independent orders, each of which corresponds to the separate Constitutional, Judicial, Administrative and Auditors jurisdictions. The public prosecution and the representation of the State before the courts is assured by the Public Ministry, the Ministry of Justice is the Government department responsible for the administration of the Judiciary system. The Portuguese judiciary system is not unitary, but it is divided in four independent categories or orders of courts, Constitutional, Judicial, Administrative. Each order contains their own structure of courts, the Constitutional and Auditors orders include a single court each one, while the other two orders include a plurality of hierarchical organized courts. Until 2003, a order of courts existed, this being the Military Jurisdiction. An higher court of appeal exists to appreciate and judge the conflicts of jurisdiction between the Judicial and Administrative orders of courts, this being the Conflicts Court. The Conflicts Court is headed by the president of the Supreme Administrative Court, the Constitutional Court is the sole court in the Constitutional jurisdiction. The judges of the Constitutional Court are independent the other branches of government, such as the executive or the legislature, the court is installed in the Ratton Palace in Lisbon. The Judicial order is the first category of courts, forming a proper hierarchical structure that has the Supreme Court of Justice in Lisbon as its superior body. This order also includes the five intermediate level courts called Relação, the judicial courts of first instance can be courts of generic competence or courts of specific competence. For the purpose of the Judicial order, until 2014, Portugal was divided in 231 uneven comarcas, the comarcas were grouped in 57 judicial circles and these in four judicial districts. Each judicial court is divided in sections that are classified either as central instance or as local instance, the central instances include civil, criminal, criminal procedure, labor, family and juvenile, commercial and execution sections. The local instances may include generic competence, proximity, civil, criminal, the comarca courts are typically installed in monumental courthouses, called palácios da Justiça, many of them built between the 1940s and the 1960s. Before the reduction of the number of comarcas due to the 2014 reform, each palace of Justice was usually a seat of a court, but now most of them are only seats of sections of larger courts. Besides the 23 generic competence judicial courts of each comarca, there are also specialized courts of first instance that have jurisdiction over several comarcas. These include four penal supervisory courts, the Maritime Court, the Intellectual Property Court, the Concurrency, Regulation and Supervision Court, as Justice of first instance, there are also the judges of peace and the arbitral tribunals. The judges of peace have competence to appreciate and to judge small actions regarding values that do not exceed the ceiling below which it is not possible to appeal from a court of first instance
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Districts of Portugal
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The Districts of Portugal, are the most important first-level administrative subdivisions of mainland Portugal. Currently, mainland Portugal is divided into 18 districts, the Portuguese autonomous regions of Açores and Madeira are no longer divided into districts. As an administrative division, each district served mainly as the area of jurisdiction of a civil governor, the Portuguese Constitution of 1976 specifies that Portugal has only, as first level divisions, the autonomous regions and the administrative regions. According to the Constitution, the districts shall be disestablished in the territories where an autonomous or administrative region has been created, so, the districts were abolished in Azores and Madeira when these autonomous regions were created, in 1976. In 1998, a proposal was submitted to referendum to create eight administrative regions in mainland Portugal and this proposal was rejected in the ballot and so the districts continued to exist in mainland Portugal. However, the importance of the districts has been decreasing, in recent years, some administrative, financial and political competencies have been delivered to the CCDRs and to the municipalities, to the detriment of the districts. In 2003, the Portuguese municipalities were allowed to organize themselves into communities and metropolitan areas. Besides, the abolition of the districts is a subject that came back for discussion in Portuguese society, other personalities support the creation of administrative regions and therefore the abolition of districts. In September 8,2011, a decree from the Portuguese Government de facto extinguished all the offices of civil governor, as the existence of the civil governors is still included in the Portuguese Constitution, its de jure extinction can only be done after a constitutional amendment. In mainland Portugal, for administrative purposes, the districts are used as the areas of jurisdiction of the local branches. In these territories, each district was headed by a district governor, in Angola and Mozambique, the former district areas mostly coincide with the modern province areas. In the former Portuguese India, the Damão and Diu districts are still divisions of the present union territory of Daman and Diu, constituição da República Portuguesa, VII Revisão Constitucionl
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President of Portugal
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The President of the Portuguese Republic is the executive head of state of Portugal. The powers, functions and duties of prior presidential offices, and their relation with the Prime Minister, the current President of Portugal is Marcelo Rebelo de Sousa, who took office on 9 March 2016. The Portuguese Third Republic is a semi-presidential system, unlike several other European presidents, the Portuguese President is quite powerful. The president holds the nations most senior office, and outranks all other politicians, the Presidents greatest power is his/her ability to choose the Prime Minister. Prior to the Carnation Revolution, the powers of the presidency varied widely, some presidents were virtual dictators, while others were little more than figureheads. The president can dissolve the Assembly of the Republic, which implies the need to call for new elections and after the implementation of these. The President appoints the Prime Minister, given the election results and he can, however, dismiss the Government when this is necessary to ensure the smooth functioning of democratic institutions. Even the government bodies of the regions may be dissolved by the President. The President declares a state of siege and emergency upon consultation with the Government, at the proposal of the Government and with the authorization of the Parliament, the President can declare war in the event of actual or imminent aggression and can also propose peace. The President promulgates or vetoes the promulgation of laws, decree-laws, regulatory decrees, in the area of his powers in international relations, the President of the Republic ratifies international treaties. The President decides on referendums put forth to him by Parliament, the president appoints ambassadors and special envoys, following proposal by the Government, and accredits the foreign diplomatic representatives. The President of the Republic, after consultation with the Government, pardons, the official residence of the Portuguese President is the Belém Palace. However, the round has only been needed once, during the 1986 presidential election. To date, all of the presidents since the Carnation Revolution have served for two consecutive terms, and presidents consistently rank as the most popular political figure in the country. The President of Portugal often makes official state visits to foreign countries. There are three living former Portuguese Presidents, List of Presidents of Portugal Politics of Portugal Official website
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Notary public
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Any such act is known as a notarization. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries, Notaries are appointed by a government authority, such as a court or lieutenant governor, or by a regulating body often known as a society or faculty of notaries public. For lawyer notaries, an appointment may be for life, while lay notaries are usually commissioned for a briefer term, in most common law countries, appointments and their number for a given notarial district are highly regulated. To these documents a notary affixes a notarial certificate which attests to the execution of the document, usually by the person who appears before the notary, originals or secondary originals are then filed and stored in the notarys archives, or protocol. Notaries are generally required to undergo training in the performance of their duties. Some must also first serve as an apprentice before being commissioned or licensed to practice their profession, however, notaries public in the U. S. Notarial practice is universally considered to be distinct and separate from that of an attorney. In England and Wales, there is a course of study for notaries which is conducted under the auspices of the University of Cambridge and the Society of Notaries of England and Wales. In bi-juridical jurisdictions, such as South Africa or Louisiana, the office of notary public is a profession with educational requirements similar to those for attorneys. Many even have institutes of learning that offer degrees in notarial law. Therefore, despite their name, notaries public in these jurisdictions are in civil law notaries. Notaries public hold an office which can trace its origins back to the ancient Roman Republic, the history of notaries is set out in detail in Chapter 1 of Brookes Notary, The office of a public notary is a public office. It has a long and distinguished history, the office has its origin in the civil institutions of ancient Rome. A writer who adopted the new method was called a notarius, originally, a notary was one who took down statements in shorthand using these notes, and wrote them out in the form of memoranda or minutes. Later, the title notarius was applied almost exclusively to registrars attached to government officials, including provincial governors. Notwithstanding the collapse of the Western Empire in the 5th century AD, the separate development of the common law in England, free from most of the influences of Roman law, meant that notaries were not introduced into England until later in the 13th and 14th centuries. At first, notaries in England were appointed by the Papal Legate, in 1279 the Archbishop of Canterbury was authorized by the Pope to appoint notaries. Not surprisingly, in early days, many of the notaries were members of the clergy. The Reformation produced no change in the position and functions of notaries in England
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Courts of England and Wales
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The United Kingdom does not have a single unified legal system—England and Wales have one system, Scotland another, and Northern Ireland a third. Additionally, the Military Court Service has jurisdiction over all members of the forces of the United Kingdom in relation to offences against military law. The Supreme Court is the highest appeal court in almost all cases in England, before the Constitutional Reform Act 2005 this role was held by the House of Lords. The Supreme Court is also the highest court of appeal for devolution matters, the Privy Council is the highest court of appeal for a small number of Commonwealth countries, colonies and the Channel Islands and the Isle of Man. There are a number of smaller jurisdictions, such as appeals from ecclesiastical and professional bodies. The judges who sit on the Judicial Committee of the Privy Council are also the members of the Supreme Court, the Senior Courts of England and Wales were originally created by the Judicature Acts as the Supreme Court of Judicature. It was renamed the Supreme Court of England and Wales in 1981 and it consists of the following courts, Court of Appeal High Court of Justice Crown Court The Court of Appeal deals only with appeals from other courts or tribunals. Its decisions are binding on all courts, including itself, apart from the Supreme Court, the High Court of Justice functions both as a civil court of first instance and a criminal and civil appellate court for cases from the subordinate courts. It consists of three divisions, the Queens Bench, the Chancery and the Family divisions, the divisions of the High Court are not separate courts, but have somewhat separate procedures and practices adapted to their purposes. Although particular kinds of cases will be assigned to each depending on their subject matter. However, beginning proceedings in the division may result in a costs penalty. The Crown Court is a court of both original and appellate jurisdiction which in addition handles a limited amount of civil business both at first instance and on appeal. It was established by the Courts Act 1971 and it replaced the assizes whereby High Court judges would periodically travel around the country hearing cases, and quarter sessions which were periodic county courts. The Old Bailey is the name of Londons most famous criminal court. Its official name is the Central Criminal Court, the Crown Court also hears appeals from magistrates courts. The Crown Court is a court in respect of the other work it undertakes, viz. inter alia, appeals from the magistrates’ courts. They hear minor criminal cases, as well as certain licensing appeals, youth courts are run on similar lines to adult magistrates courts but deal with offenders aged between the ages of ten and seventeen inclusive. Youth courts are presided over by a specially trained subset of experienced adult magistrates or a district judge, youth magistrates have a wider catalogue of disposals available to them for dealing with young offenders and often hear more serious cases against youths
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Justice of the peace
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A justice of the peace is a judicial officer, of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions, some jurisdictions have varying forms of training for JPs. In 1195, Richard I of England and his Minister Hubert Walter commissioned certain knights to preserve the peace in unruly areas and they were responsible to the King for ensuring that the law was upheld and preserving the Kings peace. Therefore, they were known as keepers of the peace, the title justice of the peace derives from 1361, in the reign of Edward III. The peace to be guarded is the sovereigns, the maintenance of which is the duty of the Crown under the royal prerogative, Justices of the peace still use the power conferred or re-conferred on them since 1361 to bind over unruly persons to be of good behaviour. The bind over is not a punishment, but a preventive measure, the justices alternative title of magistrate dates from the 16th century, although the word had been in use centuries earlier to describe some legal officials of Roman times. Being an unpaid office, undertaken voluntarily and sometimes more for the sake of renown or to confirm the justices standing within the community, the justices of the peace conducted arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws. The Municipal Corporations Act 1835 stripped the power to appoint normal JPs from those municipal corporations that had it and this was replaced by the present system, where the Lord Chancellor nominates candidates with local advice, for appointment by the Crown. Until the introduction of elected county councils in the 19th century, JPs, in quarter sessions, also administered the county at a local level. Women were not allowed to become JPs in the United Kingdom until 1919, the first woman being Ada Summers, the Mayor of Stalybridge, emily Murphy of Edmonton, Canada, preceded her by some three and a half years. Now in the UK, 50% of JPs are women, in special circumstances, a justice of the peace can be the highest governmental representative, so in fact gubernatorial, in a colonial entity. This was the case in the Tati Concessions Land, a concession in the Matabele kingdom. Criteria for appointment vary widely, depending on the state, for example, in Queensland, a justice of the peace must complete an exam prior to being eligible for appointment, whereas in Victoria, a person need only prove good character by way of references. Generally speaking, a justice of the peace cannot act in relation to a document which is to be used in a foreign country. One exception to this, however, is that countries in the Commonwealth frequently accept documents so certified, documents which are to be used in a foreign country that does not provide for a foreign JP to witness them should be dealt with by a notary public. This is the same for all countries where the office of justice of the peace exists, notaries public are often solicitors or barristers, and the best way to locate one is to contact your local law society. Some justices are appointed as justice of the peace, usually in remote aboriginal communities, in Queensland, a lawyer may be appointed as a Justice of the Peace without further education or qualification and has the full powers of a JP
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Summary offence
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A summary offence is a crime in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment. In Canada, summary offences are referred to as summary conviction offences, as in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the laws of Canada and in the legislation of Canadas provinces and territories. As a matter of practical effect, some differences between summary conviction and indictable offences are provided below. Accused must be charged with a conviction within 6 months after the act happened. Limitation periods are set out in the Criminal Code, the police can arrest under summary conviction without an arrest warrant if found committing a summary offense notwithstanding s.495 of the Criminal Code. If the police do not find committing an offense, an arrest warrant is required. Accused does not have to submit fingerprints when charged under Summary Conviction, appeals of summary conviction offences go first to the highest trial court within the jurisdiction. Accused convicted under summary conviction are eligible for a pardon after 5 years provided the accused is not convicted of any further offences during that period, always tried in a provincial court. There is no limit to when charges can be laid. The exception to this point is treason, which has a 3-year limitation period, police do not require a warrant to arrest under an indictable offence, see S.495 Criminal Code Accused has to submit fingerprints when required to appear to answer to an indictable offence. Appeals always go to the Provincial Court of Appeal first, Accused convicted under an indictable offence can apply for parole after 10 years. In Hong Kong, trials for summary offences are heard in one of the territorys Magistrates Courts, in relation to England and Wales, the expression summary offence means an offence which, if committed by an adult, is tried by a summary procedure. In such proceedings there is no jury, the judge decides the guilt or innocence of the accused. Each summary offence is specified by statute which describes the offence, a summary procedure can result in a summary conviction. In these there is no intervention of a jury, but the party accused is acquitted or condemned by the suffrage of such person only, as the statute has appointed for his judge. But it has of late been so far extended, as, if a check be not timely given, to threaten the disuse of our admirable and truly English trial by jury, unless only in capital cases. In the United Kingdom, trials for summary offences are heard in one of a number of types of lower court, for England and Wales this is the Magistrates Court
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Hybrid offence
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In the United States, an alternative misdemeanor/felony offense lists both county jail and state prison as possible punishment. The power to choose under which class a hybrid offence will be tried rests with the crown counsel, hybrid offences can either be summary offences or indictable offences. For most indictable offences, a person has the right to trial by jury, in English criminal law a hybrid offence is called a triable-either-way offence and can be heard at either the Magistrates Court or Crown Court. The decision as to which court will hear the case is determined at a Mode of Trial hearing, the magistrates decide if the case is suitable to be heard in the Magistrates Court. If they decide that the case is too serious or too complex. If the magistrates decide that the case is suitable to be heard by the then the defendant is asked for consent to do so. The defendant can then either consent to be tried by the magistrates or opt for trial by jury at the Crown Court provided that they have pleaded not guilty. If they have pleaded guilty then they have no say in the matter - thus there is no way for a defendant to agree to plead guilty in exchange for having a case dealt with by magistrates. The expression hybrid offence was applicable to an offence triable either on indictment or summarily and it was applicable to offences to which section 18 of the Magistrates Courts Act 1952 applied. See sections 14 and 64 of the Criminal Law Act 1977, for statutory offences, the statute will provide whether the offence is triable summarily, on indictment, or both. The choice of forum is a matter for the Lord Advocate and procurator fiscal, in U. S. states in which these offenses occur, the prosecuting attorney has discretion in deciding which category to charge the defendant. Prosecutors may strategically file such offenses as felonies, agreeing to refile the charge as a misdemeanor should the defendant consent to a guilty plea. After hearing evidence at a hearing, the judge or magistrate has discretion to reduce a felony wobbler to a misdemeanor charge. In juvenile court, after a minor is declared to be delinquent following a trial or open plea. In California, one example of an offense is grand theft
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Electronic tagging
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Electronic tagging is a form of surveillance which uses an electronic device fitted to the person. It is commonly used as a form of electronically monitored punishment for people who have been sentenced to electronic monitoring by a court, however, electronic tagging and monitoring is also used in healthcare settings with people with dementia and in immigration contexts in some jurisdictions. The combination of electronic monitoring with a curfew usually relies on radio frequency technology, the use of home detention as a means of confinement and control within the home can be traced back to biblical times when the Romans placed Paul the Apostle, under house arrest. In the 18th century, the English philosopher and social theorist Jeremy Bentham designed the Panopticon, inside the Panopticon, the prisoners are arranged in a ring of cells surrounding their guard, who is concealed in a tower in the center. The idea is that the controls the prisoners through his presumed observation, they constantly imagine his eyes on them. It is worth remembering that when the modern prison emerged, it, early prison reformers—many of them Quakers bent on repentance and redemption—suggested that cutting people off from the rest of the world would bring them closer to God. Whereas the guard in Benthams day had two eyes, however, todays watcher can be virtually all-seeing, thanks to GPS monitoring technology. The modern prisoner, in words, need not wonder whether he is being observed, he can be sure that he is. The technologies of electronic monitoring have their roots in the work of Dr. Ralph Schwitzgebel of the Science Committee on Psychological Experimentation at Harvard University, in 1964, Ralph Kirkland Schwitzgebel headed a research team that experimented with prototype electronic monitoring devices. Schwitzgebel and William S. Hurd were granted patent #3,478,344 and he developed a one-kilogram Radio Telemetry Device that could be worn by a person. The device transmitted signals to a modified missile-tracking unit up to 400 metres away, the Harvard researchers invented and assessed a prototype monitoring system to use upon juvenile offenders. The public responded unfavorably on the whole, fearing that the devices were overly intrusive, twenty years later, in 1983, a New Mexico district court judge first sentenced offenders to electronic monitoring by home. It could also be adapted to serve as a listening device or two-way radio. The system was tested on volunteers who included students, parolees and mental patients, Schwitzgebel was granted a patent in relation to the system in 1969. A diversion from its criminal justice application, in 1978, a company called BI Incorporated began selling systems that allowed farmers to dispense feed to their cows automatically. The company fitted a radio-frequency tag on each cows ear so that when the cow approached the feed dispenser, a sensor in the latter caused it to drop a ration of fodder. If the same cow returned, the sensor recognized the unique signal of the tag, in 1981 writer Tom Stacey took to the British Home Office a proposal for the electronic tagging of offenders to track their movements, or fix a home curfew, using cellular radio telephone technology. Stacey had been briefly imprisoned abroad in his role as a foreign correspondent and had for several years served as a Prison Visitor in England
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Military
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The armed forces of a country are its government-sponsored defense, fighting forces, and organizations. They exist to further the foreign and domestic policies of their body and to defend that body. Armed force is the use of armed forces to achieve political objectives, the study of the use of armed forces is called military science. Broadly speaking, this involves considering offense and defense at three levels, strategy, operational art, and tactics, all three levels study the application of the use of force in order to achieve a desired objective. In most countries the basis of the forces is the military. However, armed forces can include other paramilitary structures, the obvious benefit to a country in maintaining armed forces is in providing protection from foreign threats and from internal conflict. In recent decades armed forces personnel have also used as emergency civil support roles in post-disaster situations. On the other hand, they may harm a society by engaging in counter-productive warfare. Expenditure on science and technology to develop weapons and systems sometimes produces side benefits, although some claim that greater benefits could come from targeting the money directly
