Common Bench - Law Dictionary Search Results
Home Dictionary Name: common benchCommon bench
Common bench [fr. banc., Sax., bench], a name of the Court of Common Pleas. Thus the 'Common Bench Reports' are the reports of the cases decided in the Court of Common Pleas. See COMMON PLEAS....
Banc (or Banco), sittings in
Banc (or Banco), sittings in [fr. bancus, Lat., a seat or bench of justice. Thus Bancus Regin' or Bank la Reine is the Queen's Bench; Bancus communium Placitorum, or Bench le Common Pleas, is the Court of Common Pleas, or the Common Bench], the sittings of a Superior Court of Common Law as a full court as distinguished from the sittings of the judges at Nisi Prius or on circuit. Such sittings might be held out of term as well as in term (1 & 2 Vict. c.32, s. 2, and (English) C.L.P. Act, 1854, s. 95). The business of the courts in banc was transferred to Divisional Courts of the High Court of Justice [(English) Jud. Act, 1873, ss. 40, 41]. See now (English) Judicature Act, 1925, s. 63. See DIVISIONAL COURT....
Free-bench
Free-bench [sedes libera, Lat.], a widow's dower out of copyholds to which she was entitled by the custom of some manors. It is regarded as an excrescence growing out of the husband's interest, and is indeed a continuance of his estate.The term free-bench is equally applicable to the estate which, by the custom of some manors, a husband takes in his wife's copyhold lands after her death, and anciently it was indiscriminately applied to that and to the widow's dower, but now the estate of the husband is called his curtesy, while the term free-bench is confined to the widow.Since free-bench is only claimable by special custom, the estate which a widow is to take, both as to its quantity, quality, and duration, must be such as the custom prescribes. It is generally a third for her life, as at Common Law, but it is sometimes a fourth part only, and sometimes but a portion of the rent. In many manors the wife takes the whole for her life, in others she takes the inheritance.Frequently the c...
King's Bench
King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...
Queen's Bench Division
Queen's Bench Division, means the English court, formerly known as the Queen's Bench or King's Bench, that presides over tort and contract actions, applications for judicial review, and some Magistrate-court appeals, Black's Law Dictionary, 7th Edn., p. 1259.The jurisdiction of the Court of Queen's Bench was assigned, by s. 34 of the (English) Jud. Act, 1873, to the Queen's Bench Division of the High Court of Justice; and by Order in Council under s. 32 of the same Act, the Common Pleas and Exchequer Divisions were, in February 1881, merged in the same 'Queen's Bench Division,' which began to be styled, after the death of the late Queen Victoria in January, 1901, the 'King's Bench Division.' As to assignment of business to, see (English) Jud. Act, 1925, s. 56 (2)....
Queen's Bench
Queen's Bench, means historically, the highest common-law court in England, presided over by the reigning monarch. The jurisdiction of this court now lies with the Queen's Bench Division of the High Court of Justice; when a king begins to reign, the name automatically changes to King's Bench. Also termed court of Queen's Bench, Black's Law Dictionary, 7th Edn., p. 1259.Queen's Bench. See KING'S BENCH....
Common Pleas, the Court of
Common Pleas, the Court of, so called because its original jurisdiction was to determine controversies between subject and subject, one of the three Superior Courts of Common Law at Westminster, presided over by a lord chief justice and five (formerly four) puisne, judges. It was detached from the King's Court (Aula Regis) as early as the reign of Richard I., and the 14th clause of Magna Charta enacted that it should not follow the King's Court, but be held in some certain place. Its jurisdiction was altogether confined to civil matters, having no cognizance in criminal cases, and was concurrent with that of the King' Bench and Exchequer in personal actions and ejectment. It had a peculiar or exclusive jurisdiction in the following cases:-(I.) Formal or plenary.(1) Real actions, under the C.L.P. Act, 1860, s. 26.(2) Under the (English) Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), over petitions complaining of an undue return or undue election of a member of Parliament.(II....
Kings Bench
Formerly the highest court of common law in England so called because the king used to sit there in person It consisted of a chief justice and four puisne or junior justices During the reign of a queen it was called the Queens Bench Its jurisdiction was transferred by the judicature acts of 1873 and 1875 to the high court of justice created by that legislation...
Aula Regis, or Regia
Aula Regis, or Regia, a Court established by William the Conqueror in his own hall; it was composed of the great officers of state resident in the palace, and followed the king's household in all his expeditions. The trial of common causes in it was, on this account, very burdensome to the people, and accordingly the 11th chapter of Magna Charta thus enacted:-'communia placita non sequantur curiam nostram sed teneantur in aliquo loco certo.' This 'certain place' was established in Westminster Hall, where until the Judicature Act it continued under the name of the Court of Common Pleas, or Common Bench, Brac. L. 3, tr. 1, c. 7. See ROYAL COURTS OF JUSTICE....
Bench
Bench [fr. bance, A. S.], or Banc [Fr.], a tribunal of justice.(1) The judge or the aggregate body of the judges of any given Court; (2) the bishops; (3) the benchers of an Inn of Court. see KING'S BENCH.Means a Bench of a Tribunal. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3 (e)]The court considered in the official capacity; Black's Law Dictionary, 7th Edn.Bench, is a place where a judge sits in Court, Webster's Dictionary of Law, Indian Edn. (2005), p. 47.Means the raised area occupied by the judge in a courtroom, Black Law Dictionary, 7th Edn., p. 148.Means a Bench of the Appellate Board. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (d)]Means a Bench of the Appellate Board. [Semiconductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000), s. 2 (c)]Means a Bench of the Tribunal. [National Environment Tribunal Act, 1995 (27 of 1995), s. 2 (b)]The word 'bench' used in the referring order, even in its ordinary connotation, would, therefore, include a single Judge, Raj...
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