Common Pleas - Law Dictionary Search Results
Home Dictionary Name: common pleasChief Justice of the Common Pleas
Chief Justice of the Common Pleas, the presiding judge in the court of Common Pleas, and afterwards in the Common Pleas Division of the High Court of Justice, and one of the ex-officio judges of the High Court of appeal (English) (Jud. Act, 1873, s. 5, and Jud. Act, 1875, s. 4). He had five (formerly four, until 31 & 32 Vict. c.125, see s. 11) puisne judge associated with him. In 1881, after the promotion of Lord Chief Justice Coleridge to the office of Lord Chief Justice of England, the office was abolished by Order in Council under s. 31 of the (English) Jud. Act, 1873, and merged in that of Lord Chief Justice of England....
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....
Common Pleas
Common Pleas : court of common pleas ...
court of common pleas
court of common pleas often cap C&C&P : an intermediate-level court in some states (as Arkansas, Connecticut, and Ohio) having limited jurisdiction over various civil and criminal matters ...
Plea
Plea [fr. plee, Fr.]. this was the name of a defendant's answer of fact to a plaintiff's declaration; anciently a suit or action.Pleas were divided into common pleas, relating to civil causes, and pleas of the Crown, relating to criminal prosecutions.At Common Law pleas were divided into:(1) Dilatory; which were subdivided into:(a) To the jurisdiction of the Court.(b) In suspension of the action,(c) In abatement of the writ or declaration, and:(2) Peremptory, i.e., in bar of the action.The distinction between these two classes of pleas was that the dilatory showed some ground for quashing the declaration, the peremptory for defeating the action. Consult Bullen and Leake, or Odgers on Pleading, and Ch. Arch. Practice.In equity, a plea was resorted to by a defendant when an objection was not apparent on the bill itself, or, as the technical phrase was, where it arose from matter dehors the bill, other matter being dealt with by 'Answer' (see that title).A defendant now raises his defence...
Common 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....
Masters of the Common Law Courts
Masters of the Common Law Courts. There were five Masters on the plea side of each of the Courts of King's Bench and Exchequer, and also in the Common Pleas. They were appointed by 7 Wm. 4 & 1 Vict. c. 30, and their duties were to tax costs, compute damages, attend the judges in court, etc. These officers became, under the Judicatures Act, officers of the Supreme Court, and were attached to the Division of the High Court representing the Court to which they formerly belonged (Jud. Act, 1873, s. 77; (English) Jud. Act, 1875, Ord. LX., r. 1). Under 30 & 31 Vict. c. 68, and the (English) General Rules of Michalmas Term, 1867, the Masters transacted a considerable portion of the business at Judges' Chambers; and they now have similar powers (R.S.C., Ord. LIV., r. 12)....
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
plea
plea [Anglo-French plei plai legal action, trial, from Old French plait plaid, from Medieval Latin placitum, from Latin, decision, decree, from neuter of placitus, past participle of placēre to please, be decided] 1 a : an allegation of fact in civil litigation made in response to a claim compare demurrer b : a defendant's answer to a plaintiff's claim in civil litigation NOTE: Under the Federal Rules of Civil Procedure, and in states where they have been adopted, civil pleas are abolished, and answers and motions are used instead. Such pleas were used at common law. dil·a·to·ry plea [di-lə-tōr-ē-] : a common-law plea which is intended to defeat the pending action or proceeding without involving any decision on the merits of the case plea in abatement : a plea entered by a party seeking postponement or dismissal of an action by setting forth some matter or defect regarding procedure, jurisdiction, or timing called also plea of abatement plea ...
Petition de droit (Petition of Right UK)
Petition de droit (Petition of Right UK), one of the Common Law methods of obtaining possession or restitution from the Crown of either real or personal property, or compensation in damages for breach of contract, the Crown not being liable to an ordinary action at the suit of a subject. It is said to owe its origin of Edward I.By the (UK) Petition of Right Act, 1860 (23 & 24 Vict. c. 34) (commonly called Bovill's Act), the procedure on a petition of right is assimilated as far as practic-able to the course of an ordinary action. The fiat of the sovereign 'that right be done' is, however, a necessary preliminary step; this is obtained by leaving the petition with the Home Secretary. A judgment that the suppliant is entitled to the whole or some portion of the relief sought by his petition, or to such other relief as the Court may think right, has the same effect as a judgment of amoveas manus. Costs are made payable both to and by the Crown, and nothing in the Act is to prevent any sup...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial