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Legal Terms - court of first instance
1. The court where all legal actions are started. 2. More broadly, a court where a case is tried rather than any court where it could be heard on appeal.
1. The court where all legal actions are started. 2. More broadly, a court where a case is tried rather than any court where it could be heard on appeal.
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Legal Terms - court of last resort
a court from which there can be no appeal at all. Although the *Court of Appeal may occasionally be designated by statute as the court of last resort, the *Supreme Court is typically the court of last resort under English law. Until December 31, 2020, when the post-Brexit *implementation period ended, cases that UK courts referred to the European Court of Justice (ECJ) could be heard there. The European Court of Justice (ECJ) has ongoing jurisdiction in many specialized areas and is empowered to rule on matters that are pending before it on the date the implementation period expires, as per the terms of the UK-EU *Withdrawal Agreement.
a court from which there can be no appeal at all. Although the *Court of Appeal may occasionally be designated by statute as the court of last resort, the *Supreme Court is typically the court of last resort under English law. Until December 31, 2020, when the post-Brexit *implementation period ended, cases that UK courts referred to the European Court of Justice (ECJ) could be heard there. The European Court of Justice (ECJ) has ongoing jurisdiction in many specialized areas and is empowered to rule on matters that are pending before it on the date the implementation period expires, as per the terms of the UK-EU *Withdrawal Agreement.
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gal Terms - Court of Probate
a court established in 1857 to assume the authority previously held by the religious courts with regard to the issuance of letters of administration and probate. The Judicature Acts of 1873–1875 gave the High Court's *Probate, Divorce, and Admiralty Division power over the court.
a court established in 1857 to assume the authority previously held by the religious courts with regard to the issuance of letters of administration and probate. The Judicature Acts of 1873–1875 gave the High Court's *Probate, Divorce, and Admiralty Division power over the court.
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Legal Terms -Court of Protection
a court that manages the assets and matters of individuals who are not mentally capable of making the necessary decisions for themselves. The Mental Capacity Act of 2005 established the court, which can also step in to resolve disagreements regarding *lasting power of attorney. The court is in charge of designating *deputies to make decisions on behalf of such an individual
a court that manages the assets and matters of individuals who are not mentally capable of making the necessary decisions for themselves. The Mental Capacity Act of 2005 established the court, which can also step in to resolve disagreements regarding *lasting power of attorney. The court is in charge of designating *deputies to make decisions on behalf of such an individual
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Queen's Bench Court
one of the three common law courts into which the curia regis was broken up until 1875 (the other courts being the *Court of Exchequer and the *Court of Common Pleas). Its main responsibilities included supervising lower courts and trying civil cases involving contracts and torts. Its jurisdiction was transferred to the High Court's *Queen's Bench Division by the Judicature Acts 1873–1875.
one of the three common law courts into which the curia regis was broken up until 1875 (the other courts being the *Court of Exchequer and the *Court of Common Pleas). Its main responsibilities included supervising lower courts and trying civil cases involving contracts and torts. Its jurisdiction was transferred to the High Court's *Queen's Bench Division by the Judicature Acts 1873–1875.
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Legal Terms – Court of Record
The Court of King's Bench was the name of the court of record when the sovereign was a king. a court whose decisions and actions are preserved and documented for all time. The main importance of these courts in contemporary practice is their ability to impose penalties for *contempt of court.
The Court of King's Bench was the name of the court of record when the sovereign was a king. a court whose decisions and actions are preserved and documented for all time. The main importance of these courts in contemporary practice is their ability to impose penalties for *contempt of court.
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Legal Terms - Courts and Tribunals Service, HM
a government organization that was established on April 1st, 2011 and is the result of the integration of the previous Tribunals Service and HM Courts Service. The Service is in charge of running the non-devolved tribunals in Scotland and Northern Ireland, as well as the central government tribunals and the criminal, civil, and family courts in England and Wales.
a government organization that was established on April 1st, 2011 and is the result of the integration of the previous Tribunals Service and HM Courts Service. The Service is in charge of running the non-devolved tribunals in Scotland and Northern Ireland, as well as the central government tribunals and the criminal, civil, and family courts in England and Wales.
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Legal Terms - Court of Arches
The ecclesiastical court of appeal from the consistory court which has the jurisdiction of the
former provincial Court of Archbishop of Canterbury. The judge of the court, the Dean of Arches, hears appeals from bishops or their chancellors, deans and chapters, and archdeacons. The court’s name is derived from its original location, the church of St Mary-le-Bow, whose steeple was erected upon arches.
The ecclesiastical court of appeal from the consistory court which has the jurisdiction of the
former provincial Court of Archbishop of Canterbury. The judge of the court, the Dean of Arches, hears appeals from bishops or their chancellors, deans and chapters, and archdeacons. The court’s name is derived from its original location, the church of St Mary-le-Bow, whose steeple was erected upon arches.
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Legal Terms - Chancery Court
The *Lord Chancellor served as the head of the first equity court. The Judicature Acts of 1873–1875 combined its authority with the High Court's, creating the *Chancery Division
The *Lord Chancellor served as the head of the first equity court. The Judicature Acts of 1873–1875 combined its authority with the High Court's, creating the *Chancery Division
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egal Terms - Martial Court
A court was constituted under the Armed Forces Act 2006 to hear cases involving violations of *service law. Depending on how serious the offense to be tried is, it consists of three to seven serving officers and a legally competent *judge advocate. The court may consist of civilian members if a civilian facing service discipline is being tried, and warrant officers if the accused is of a rank lower than that of the concerned court members. A majority of the court's votes decide the verdict and any punishment that is imposed (the judge advocate does not vote on the verdict).
The Lord Chief Justice and other Senior Court members make up the Court Martial Appeal Court, which has existed since 1951. A person who has been found guilty may appeal to the court both the conviction and, as of April 1, 1997, the sentence. After then, an appeal to the Supreme Court may be filed by him or the *Director of Service Prosecutions.
In certain serious cases (such as treason, murder, manslaughter, and rape), the trial may be held by the ordinary criminal courts (which is also often the case in other cases) when an armed forces member is accused of actions committed in the UK that are illegal under both service law and ordinary criminal law. There are safeguards in place to prevent someone from being tried for the same crime more than once.
A court was constituted under the Armed Forces Act 2006 to hear cases involving violations of *service law. Depending on how serious the offense to be tried is, it consists of three to seven serving officers and a legally competent *judge advocate. The court may consist of civilian members if a civilian facing service discipline is being tried, and warrant officers if the accused is of a rank lower than that of the concerned court members. A majority of the court's votes decide the verdict and any punishment that is imposed (the judge advocate does not vote on the verdict).
The Lord Chief Justice and other Senior Court members make up the Court Martial Appeal Court, which has existed since 1951. A person who has been found guilty may appeal to the court both the conviction and, as of April 1, 1997, the sentence. After then, an appeal to the Supreme Court may be filed by him or the *Director of Service Prosecutions.
In certain serious cases (such as treason, murder, manslaughter, and rape), the trial may be held by the ordinary criminal courts (which is also often the case in other cases) when an armed forces member is accused of actions committed in the UK that are illegal under both service law and ordinary criminal law. There are safeguards in place to prevent someone from being tried for the same crime more than once.
