Attorney - Law Dictionary Search Results
Home Dictionary Name: attorneyJudge Advocate, Judge Advocate-General
Judge Advocate, Judge Advocate-General. The Judge Advocate-General is an officer appointed by letters-patent under the Great Seal. He is under the orders of the Secretary of State for War to whom he acts as legal adviser. One of his functions is to review Court-martial proceedings. All general military courts-martial are attended by a judge advocate acting by deputation, either special or general, under the hand and seal of the judge advocate-general; or by a person appointed by general officers commanding the forces abroad, to execute the office of judge advocate. The duties of an officiating judge advocate at a Court-martial are to superintend the proceedings, to make a minute of the proceedings, and to advise the Court on points of law, of custom, and of form, and so far to assist the prisoner as to elicit a full statement of the facts material to the defence. The proceedings of general courts-martial held at home are trans-mitted by the officiating judge advocate to the judge advoc...
Power of Attorney
Power of Attorney (Letter of Attorney), a writing usually, but not always necessarily, under seal authorizing another person, who is called the attorney of the person appointing him, to do any lawful act in the stead of another, as to give seisin of lands, receive debts or sue a third person. it is either general or special. The nature of this instrument is to give the attorney the full power and authority of the maker to accomplish the act intended to be performed. If it is an authority coupled with an interest, e.g., if the attorney is authorized to collect debts and pay there out a debt due to himself, it is irrevocable. As it is necessary for certain purposes (e.g., execution of a deed) that it should be under seal, a power of attorney is usually in the form of a deed. By ss. 8 and 9 of the (English) Conveyancing Act, 1882, now (English) Law of Property Act, 1925, ss. 126 and 127, powers of attorney may be made irrevocable either absolutely or for a limited period according as they...
power of attorney
power of attorney :an instrument containing an authorization for one to act as the agent of the principal that terminates esp. upon revocation by the principal or death of the principal or agent called also letter of attorney du·ra·ble power of attorney [dr-ə-bəl-, dyr-] : a power of attorney that becomes effective upon the principal's becoming incompetent or unable to manage his or her affairs and that is often used as a form of advance directive compare living will general power of attorney : a power of attorney authorizing the agent to carry on business or an enterprise for the principal compare special power of attorney in this entry irrevocable power of attorney : a power of attorney that cannot be revoked by the principal special power of attorney : a power of attorney authorizing the agent to carry out a particular business transaction for the principal ...
Advocate
Advocate, [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action. The term is at the present day confined to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.).In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctor's Commons, incorporated by charter, June 22, 8 Geo. 3, under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimo...
Attorney
Attorney [fr. tourne, Fr., or fr. attornatus, Medieval Lat., substituted], one who is appointed by another to do something in his absence, and who has authority to act in the place and turn of him by whom he is delegated. He is of two kinds.(1) Attorney at Law was a public officer belonging to the Superior Courts of Common Law at Westminster, who conducted legal proceedings on behalf of others, called his clients, by whom he was retained: he answered to the Solicitor in the Courts of Chancery, and the Proctor of the Admiralty, Ecclesiastical, Probate, and Divorce Courts. An attorney was almost invariably also a solicitor. The name 'Solicitor' was provided by the (English) Judicature Act, 1873, s. 87. The (English) Judicature Act, 1925, s. 215(2) provides that references in any enactment to solicitors, attorneys or proctors shall be construed as references to solicitors of the Supreme Court. see SOLICITORS.(2) Attorney in Fact, including all agents employed in any business or to do any ...
Attorney-General
Attorney-General, a great officer of state appointed by letters-patent, and the legal representative of the Crown in the Supreme Court. He is also ex-officio head of the bar for the time being. He exhibits informations, prosecutes for the Crown in criminal matters and in revenue causes, and used to grant fiats for writs of error until they were abolished by s. 20 of the (English) Criminal Appeal Act, 1907, His fiat or consent is required before certain proceedings or prosecutions can be commenced (see, e.g., (English) Public Bodies Corrupt Practices Act, 1889, and Prevention of Corruption Act, 1906). In many cases also (see e.g., (English) Lunacy Act, 1890, s. 325; (English) Public Health Act, 1936, s. 298; (English) Public Health (Officers) Act, 1884; (English) Public Health (Members and Officers) Act, 1885; Official Secrets Act, 1911, s. 8), his consent is necessary before penalties can be recovered. His fiat is necessary for certain appeals to the House of Lords. See (English) Appel...
Warrant of Attorney
Warrant of Attorney, a written authority addressed to one or more solicitors to appear for the party executing it, and receive a statement of claim for him in an action at the suit of a person therein mentioned, and thereupon to confess the same, or to suffer judgment to pass by default and to permit judgment to be entered up against him. The practice of giving warrants of attorney is seldon resorted to. A warrant of attorney may be executed as a security for the performance of any agreement between the parties; but it does not extinguish an original debt, or affect the right to sue upon it, unless judgment has been signed, for until this is done it is merely a collateral security. It is usual to make the warrant subject to be defeated on the performance of certain conditions, and when this is the case, they are set forth in an agreement hence called the defeasance.The Debtors Act, 1869, contains various provisions in regard to warrants of attorney, e.g., they must be executed in the p...
attorney-in-fact
attorney-in-fact pl: attorneys-in-fact : an attorney who may or may not be a lawyer who is given written authority to act on another's behalf esp. by a power of attorney compare attorney-at-law ...
city attorney
city attorney : an attorney holding a public office whose function is to advise and represent the city in legal matters NOTE: The office of the city attorney has many different titles. In some places the city attorney is called city solicitor or city counselor. At the town level, the title used is often town counsel. In Boston, the title corporation counsel is used. In Cleveland, it is director of law. ...
Defender, advocate, pleader
Defender, advocate, pleader, a debender exerts himself in favour of one that wants support; and advocate signifies one who is called to speak in favour of another; a pleader from plea or excuse, signifies him who pleads in behalf of one who is accused or a party in a civil suit. A defender attempts to keep off a threatened injury by rebutting the attack of another; an advocate states that which is to the advantage of the person or thing advocated; a pleader throws in pleas and extenuations. 'So fair a pleader any cause may gain'. (Dry den)...
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