Superior Courts - Law Dictionary Search Results
Home Dictionary Name: superior courts Page: 4Letters of request
Letters of request: (1) The mode of commencing an original suit in the Court of Arches, instead of proceeding in the first instance in the Consistory Court. These letters dispense with instituting a suit in an inferior ecclesiastical jurisdiction, and authorize it in the superior Court, otherwise only a Court of Appeal. The judge of the inferior Court waives his jurisdiction, which attaches to the appellate Court, without consent from the intended defendant, 1 Hagg. Eccl. R. 4, note (a).See also (English) Church Discipline Act, 1840 (3 & 4Vict. c. 86), s. 13, by which a bishop may send a case by letters of request to the Court of Appeal to the province.(2) The words 'letters of request' are used with reference to the 'request to examine witnesses in lieu of a commission,' which may be made under R.S.C., Ord. XXXVII., r. (6) (a), to the courts of foreign countries and the Colonies. It is the only method of obtaining evidence in some countries. See notes to the above rule in Annual Pract...
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...
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....
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....
Terms
Terms, the periods during which the superior courts at Westminster were open.The legal year consists of four terms: Michaelmas, Hilary, Easter, and Trinity (which see), the year beginning with Michaelmas Term.The commencement and duration of the terms were fixed by 11 Geo. 4 & 1 Wm. 4, c. 70, s. 6, and 1 Wm. 4, c. 3, s. 3. By the first of these enactments Hilary Term began on the 11th and ended on the 31st of January; Easter Term began on the 15th of April and ended on the 8th of May; Trinity Term began on the 22nd of May and ended on the 12th of June; and Michaelmas Term began on the 2nd and ended on the 25th of November. Vacations in the Equity Courts were regulated also by Cons. Ord. V.By the (English) Judicature Act, 1873, s. 26, now repealed, it was provided that the division of the legal year into terms should be abolished so far as relates to the administration of justice. But in all other cases in which, under the law previously existing, the terms into which the legal year is ...
habeas corpus
habeas corpus [Medieval Latin, literally, you should have the body (the opening words of the writ)] : any of several writs originating at common law that are issued to bring a party before the court ;esp : habeas corpus ad subjiciendum in this entry [the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it "U.S. Constitution art. I"] habeas corpus ad fa·ci·en·dum et re·ci·pi·en·dum [-ad-fa-sē-en-dəm-et-ri-si-pē-en-dəm, -fa-shē-en-; -Ä d-fÄ -kē-en-dm-et-rā-kē-pē-en-dm] [New Latin, literally, you should have the body for doing and receiving] : habeas corpus cum causa in this entry habeas corpus ad pro·se·quen·dum [-ad-prÄ -si-kwen-dəm, -Ä d-prō-sā-kwen-dm] [New Latin, literally, you should have the body for prosecuting] : a writ for removing a prisoner for trial i...
Information
Information, an accusation, or complaint, also, communicated knowledge.Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press-releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. [Right to Information Act, 2005, s. 2(f)]Information in chancery. Where a suit was instituted on behalf of the Crown or Government, or of those of whom it had the custody by virtue of its prerogative (such as idiots and lunatics), or whose rights are under its particular protection (such as the objects of a public charity), the matter of complaint was offered to the Court by way of information by the Attorney or Solicitor-General, and not by way of petition. When a suit immediately concerned the crown or government alone, the proceeding was pur...
Judicature Acts
Judicature Acts, 1873, 1875 and 1925 (English) (36 & 37 Vict. c. 66, 38 & 39 Vict. c. 77, and 15 & 16 Geo. 5, c. 49); the 1875 Act came into operation on the 1st of November, 1875, and consolidated the pre-existing superior Courts into one Supreme Court, consist-ing of the High Court and the Court of Appeal. The 1925 Act consolidates the Judicature Acts, 1873-1910, and other enactments relating to the Supreme Court of Judicature in England and the administra-tion of justice therein; this 1925 Act has been amended in some minor particulars by the Admini-stration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), and subsequent Acts. See SUPEREME COURT OF JUDICATURE; Chitty's Statutes, tit. 'Judicature.'...
No appeal has been preferred
No appeal has been preferred, the words 'no appeal has been preferred in Order 47, Rule 1(a) would also mean a situation where special leave is not granted. Till then there is no appeal in the eye of law before the Superior Court. The review can be preferred in the High Court before special leave is granted, but not after it is granted. Once special leave is granted the jurisdiction to consider the validity of the High Court's order vests in the Supreme Court and the High Court cannot entertain in review thereafter, unless such a review application was preferred in the High Court before special leave was granted, Kunhayamned v. State of Kerala, (2000) 6 SCC 359: AIR 2000 SC 2587 (2600). (Constitution of India, Article 226)...
Administrative Court
Administrative Court : a court sitting in the District Court or Superior Court in Maine that handles matters involving real estate licenses ...
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