Superior Courts - Law Dictionary Search Results
Home Dictionary Name: superior courts Page: 2 Page 2 of about 77 results (0.004 seconds)Nisi prius
Nisi prius, a Common Law phrase, which originated thus:An action was formerly triable only in the Court where it was brought. But it was provided by Magna Charta, in ease of the subject, that assizes of novel disseisin and mort-ancestor (which were the most common remedies of that day) should thenceforward instead of being tried at Westminster, in the superior Court, be taken in their proper counties, and for this purpose justices were to be sent into every county once a year to take these assizes there, 1 Reeves, 246. These local trials being convenient, were applied to other actions: for by the statute of Nisi Prius, 13 Edw. 1, st. 1, t. 30, as the general course of proceedings, writs of venire for summoning juries to the superior courts are in the following terms:-P'cipius tibi quod venire facias coram Justiciariis nostris apud Westm. In Octavis Sancti Michaelis Nisi talis et talis, tali die et loco, ad partes illas venerint duodecim, etc. Thus the trial was to be had at Westminster...
Irish and Scots Courts' Judgments
Irish and Scots Courts' Judgments. As regards Northern Ireland and Scottish judgments, a judg-ment of a Superior Court of Northern Ireland or Scotland is enforceable after registration of a certificate thereof by the High Court of Justice in England, under the Judgments Extension Act, 1868 (31 & 32 Vict. c. 54 (preserved by Judic. Act, 1925, s. 224); and a judgment of an inferior Court is similarly enforceable by an English county Court, under the Inferior Courts Judgments Extension Act, 1882 (45 & 46 Vict. c. 31). Irish Free State judgments of the Courts may not be so enforced under the Judgments Extension Act, 1868, since references to 'Ireland' in any enactment passed before the establishment of the Irish Free State to the United Kingdom or to Ireland are in the application of that enactment in Great Britain or Northern Ireland to be construed as exclusive of the Irish Free State (see Stat. R. & O. 1923, No. 405, Art. 2). The Act of 1868 applies only to debt, damages and costs, but ...
Procedendo
Procedendo, a writ which issued out of the Common Law jurisdiction of the Court of Chancery, when judges of any subordinate Court delayed the parties, for that they would not give judgment either on the one side or on the other, when they ought so to do. In such a case, a writ of procedendo ad judicium was awarded, commanding the inferior Court in the King's name to proceed to judgment, but without specifying any particular judgment; for that, if erroneous, might be set aside by proceedings in error, or by writ of false judgment; and upon further neglect or refusal, the judges of the inferior Court might be punished for their contempt by writ of attachment, returnable in the courts at Westminster, 3 Bl. Com. 109. It also lay where an action had been removed from an inferior to a superior Court by habeas corpus, certiorari, or any like writ, and it appeared to the superior Court that it was removed on insufficient grounds. A suit once so remanded could not afterwards be removed before j...
Judgments Extension Act, 1868
Judgments Extension Act, 1868 (English). By this Act (31 & 32 Vict. c. 54) (preserved by the Judicature Act, 1925, s. 224) the judgments of the superior Courts of either England, Scotland, or Northern Ireland may be enforced as judgments in either of the other two countries upon registration (in a prescribed manner) of certificate thereof in the country in which such judgments are sought to been forced. By the Inferior Courts Judgment Extension Act, 1882 (45 & 46 Vict. c. 31), the principle of this Act was, with the limitation of personal service, extended to inferior courts. See INFERIOR COURTS; IRISH JUDGMENTS.Part II. of the (English) Administration of Justice Act, 1920, makes provision of the reciprocal enforce-ment of judgments of superior courts between the United Kingdom and other parts of the Empire. The Act is limited to such parts of His Majesty's Dominions as have been included within its scope by Orders in Council; and by the (English) Foreign Judgments (Reciprocal Enforcem...
Railway and Canal Commission
Railway and Canal Commission, a body established by the Railway and Canal Traffic Act, 1888, to supersede the Railway Commissioners, who had been appointed under the (English) Regulation of Railways Act, 1873 (36 & 37 Vict. c. 48), with all the jurisdiction conferred by s. 3 of the (English) Railway and Canal Traffic Act, 1854 (see infra), on the several courts and judges empowered to hear and determine complaints under that Act, and exercise their jurisdiction with enlarged powers, and consisting of two appointed (one to be of experience in railway business) and three ex-officio commissioners: one for England, one for Scotland, and one for Ireland, bring each of them a judge of a superior Court in England, Scotland, or Ireland respectively, and not required to attend out of the part of the United Kingdom for which he is appointed. The ex-officio Commissioner presides at the sittings, and his opinion upon any question of law prevails. As to appeal to 'superior Court of Appeal,' see ss....
County Courts
County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
Royal Courts of Justice
Royal Courts of Justice, the statutory name, by (English) Jud. Act, 1925, s. 222, replacing s. 28 of the (English) Jud. (Officers) Act, 1879, of the Law Courts, on the north side of the Strand, between St. Clement Danes Church and Chancery Lane, in which the business of the Supreme Court is transacted. The erection of buildings for bringing together into one place 'all the superior Courts of Law and Equity, the Probate and Divorce Courts and the court of Admiralty' recommended by a Royal Commission in 1858 was authorized by Parliament in 1865 by the (English) Courts of Justice Building Act and the Courts of Justice Concentration (Site) Act (28 & 29 Vict. cc. 48, 49). The Royal Courts were formally opened by Queen Victoria on the 4th of December, 1882, and opened for business on the 11th of January, 1883, the Judges' Chambers and other offices having been opened for business in January, 1880. Prior to the opening, the Chancery Division of the High Court occupied courts at Lincoln's Inn,...
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
- << Prev.
- Next >>