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Home Dictionary Name: over allKing'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...
By way open to all traffic
By way open to all traffic, requires evidence of current vehicular use, that this section requires the combined pedestrian and equestrian use of the route to outweigh the vehicular use, but does not require that there should be both pedestrian and equestrian use, but that, although there was evidence of the requisite current use of the route, Buckland v. Secretary of State for the Environment and Transport and the Regions, (2000) 1 WLR 1449 (QB).By way open to all traffic, is a highway over which the public had a right of way for vehicular and all other kinds of traffic, but which was used by the public mainly for the purposes for which footpaths and bridleways were so used, Masters v. Secretary of State for the Environment Transport and the Regions, (2000) 3 WLR 1894 (CA).Means a highway over which the public has right of way for vehicular and all other kinds of traffic, but which is used mainly for the purpose for which footpaths and bridle ways are so used, Halsbury's Laws of Englan...
In all respects
In all respects, means in a contract, by the owner of a park, allowing the car owners to park their cars in the private property of the park-owner, he stipulated that he would not be responsible for the safe custody of any cars or articles therein nor for any damage to the cars or articles, however caused, nor for any injuries to any persons, all cars being left in all respect entirely at their owners.The expression 'in all respects' was interpreted wide enough to show that whatever might be done with regard to that car, the owner took the risk of its happening or of its being done. The position, therefore, would be that he should not hand over the car to any body but the true owner, and if the servant in the performance of the duty performs it negligently, and, acting under a misapprehension which a little more care might have prevented, hands over the car to the wrong person, that is one of the risks which on the true construction of documents, the car-owner took, Asbhy v. Tolhurst, ...
Sovereignty
Sovereignty, means 'supremacy in respect of power, dominion or rank; supreme dominion authority or rule. Sovereignty is the right to govern. The term sovereignty as applied to states implies 'Supreme, absolute, uncontrollable power by which any state is governed, and which resides within itself, whether residing in a single individual or a number of individuals, or in the whole body of the people. Sovereignty according to its normal legal connotation is the supreme power which govern the body politic, or society which constitutes the state and the power is independent of the particular form of government whether monarchial, autocratic or democratic, Govindrao v. State of Madhya Pradesh, AIR 1982 SC 1201.Means the Supreme, absolute and uncontrollable power by which any independent state is governed; supreme political authority paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power from which all specific politi...
Admiralty
Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the 'Lord High Admiral,' but in practice the functions of the Office are discharged by several Commissioners, of whom one is the Chief, and is called the First Lord. He is a member of the Cabinet and is assisted by four Sea Lords, now always selected from Officers of the Service, two Civil Lords and a Secretary.Means a court that exercises jurisdiction over all maritime contracts, torts, injuries or offences. The federal courts are so-called when exercising their admiralty jurisdiction, which is conferred by U.S. Constitution (Article III 2, Cl. 1), Black Law Dictionary, 7th Edn., p. 47.The Probate, Divorce, and Admiralty Division of the High Court of Justice was, as far as relates to Admiralty, formerly called the High Court of Admiralty, and was held before the Judge of the Admiralty, who formerly sat as deputy of the Lord High Admiral of England until that office was ...
Chancellors of the Universities of Oxford and Cambridge
Chancellors of the Universities of Oxford and Cambridge, the titular heads of those bodies, the office being honorary.The Chancellor of the University of Oxford, by virtue of certain ancient charters confirmed by statute, enjoys the sole jurisdiction (in exclusion of the King Courts) when a scholar or privileged person is the defendant, over all civil actions and suits whatsoever, excepting where a right of freehold is concerned, and of all injuries and trespasses against the peace, mayhem and felony excepted, Brown v. Renouard, (1810) 12 East 12; Thornton v. Ford, (1812) 15 East 634; Ginnett v. Whittingham, (1886) 16 QBD 761; and these he is at liberty to try and determine, either according to the Common Law of the land, or according to the University Statutes and customs, at his discretion. The judge of the Chancellor's Court at Oxford is the Vice-Chancellor, or his deputy. By 5 & 26 Vict. c. 26, amending 17 & 18 Vict. c. 81, s. 45, the Court of the Vice-Chancellor of Oxford is now g...
Charity Commissioners
Charity Commissioners. The Charity Commissio-ners for England and Wales are a body appointed under the provisions of the Charitable Trusts Acts, 1853 to 1925, and their powers and duties are to be found in these Acts. They exercise very extensive powers of management and control over charities, including power to authorize sales, exchanges, leases and mortgages of charity property; to frame new schemes where the original terms of the trust can no longer be literally or beneficially complied with; to investigate the accounts of charitable trusts; to sanction proceedings by the trustees and give them advice, and many other powers. There are, however, certain institutions exempted from their jurisdiction, e.g., certain universities and colleges, registered places of worship, and charities wholly supported by voluntary contributions; see s. 62 of the Act of 1853, the construction of which has given rise to great difficulties, and the judgment of Davey, L.J., in Re Clergy Orphan Corporation...
exchequer
exchequer [Anglo-French eschecker eschequ(i)er, from Old French eschequier royal treasury, reckoning board or cloth marked with squares, literally, chessboard, from eschec chess] 1 cap : a royal office in medieval England at first responsible for the collection and management of the royal revenue and later for the adjudication of revenue cases 2 cap : a former superior court having law and equity jurisdiction in England and Wales over primarily revenue cases and now merged with the Queen's Bench Division of the High Court of Justice called also Court of the Exchequer NOTE: The Exchequer was created in England by the Norman kings. In addition to being divided into a court of common law and a court of equity, at one point the Exchequer also had jurisdiction over all actions, except those involving real property, between two subjects of the Crown. In 1841, the Exchequer's equity jurisdiction, except over revenue cases, was transferred to the Court of Chancery, and in 1881 the Exchequ...
mortgage
mortgage [Anglo-French, from Old French, from mort dead (from Latin mortuus) + gage security] 1 a : a conveyance of title to property that is given to secure an obligation (as a debt) and that is defeated upon payment or performance according to stipulated terms [shows that a deed was intended only as a "W. M. McGovern, Jr. et al."] b : a lien against property that is granted to secure an obligation (as a debt) and that is extinguished upon payment or performance according to stipulated terms [creditors with valid s against the debtor's property "J. H. Williamson"] c : a loan secured by a mortgage [applied for a ] adjustable rate mortgage : a mortgage having an interest rate which is usually initially lower than that of a mortgage with a fixed rate but which is adjusted periodically according to an index (as the cost of funds to the lender) balloon mortgage : a mortgage having the interest paid periodically and the principal paid in one lump sum at the end of the term of the lo...
admiralty court
admiralty court A court exercising jurisdiction over all maritime contracts, torts, injuries or offenses. Federal district courts have jurisdiction over admiralty and maritime actions. Source: FindLaw ...
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