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Legal Terms -common land
Land covered by common rights. The Commons Registration Act 1965 mandates that all common land in England and Wales, together with its owners and claims to common rights over it, be registered with local authorities. This mandate was upheld by the Commons Registration Act of 2006. Although it may not always indicate the full extent of the common rights over a piece of property, registration typically offers unambiguous proof that the land is common land.
Land covered by common rights. The Commons Registration Act 1965 mandates that all common land in England and Wales, together with its owners and claims to common rights over it, be registered with local authorities. This mandate was upheld by the Commons Registration Act of 2006. Although it may not always indicate the full extent of the common rights over a piece of property, registration typically offers unambiguous proof that the land is common land.
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Legal Terms - common law
1. The portion of English law that, rather than being based on regional norms, is derived from regulations created by the royal courts during the first three centuries following the Norman Conquest (1066). The Normans were primarily concerned with building a powerful central government and protecting the royal income, and it was through the machinery created for these ends that the common law evolved. They made no attempt to impose French law on the kingdom or create new laws. In order to monitor the overall handling of local affairs, royal delegates were dispatched on tours of the shires, which involved their
taking part in the local courts' operations. Simultaneously, the first royal court to be permanent, the *Court of Exchequer, separated from the body of advisors surrounding the king (the curia regis) and began convening at Westminster to consider revenue-related matters. The common law developed mostly because of Henry II (reigned 1154–89), to whom the royal representatives were dispatched on a regular basis (their tours being called circuits), and their roles shifted to being solely judicial. Known as "wandering justices," or justiciae errantes, they assumed responsibility for the local courts' workload. The *Court of Common Pleas, a second permanent royal court, opened its doors at Westminster during this same period. The true roots of the common law can be found in these two processes. The Court of Common Pleas judges were so effective in imposing a uniform system over the variety of regional customs that court records referencing the kingdom's custom date back to the end of the 12th century. The judges of the Court of Exchequer, which started to hear cases involving disputes between subjects rather than the royal revenues, and the judges of the Court of King's Bench, a third royal court that gradually formed, joined them in this process (see COURT OF QUEEN'S BENCH). After *equity was added to the common law, it was still administered independently by the three common law courts until the Judicature Acts of 1873–1875 replaced them and the Court of Chancery, which had been housed in Westminster Hall until being relocated to the Strand in 1872. 2. Court-developed laws as opposed to laws established by statute. 3. A broad body of legislation that only derives from rulings made by courts.
1. The portion of English law that, rather than being based on regional norms, is derived from regulations created by the royal courts during the first three centuries following the Norman Conquest (1066). The Normans were primarily concerned with building a powerful central government and protecting the royal income, and it was through the machinery created for these ends that the common law evolved. They made no attempt to impose French law on the kingdom or create new laws. In order to monitor the overall handling of local affairs, royal delegates were dispatched on tours of the shires, which involved their
taking part in the local courts' operations. Simultaneously, the first royal court to be permanent, the *Court of Exchequer, separated from the body of advisors surrounding the king (the curia regis) and began convening at Westminster to consider revenue-related matters. The common law developed mostly because of Henry II (reigned 1154–89), to whom the royal representatives were dispatched on a regular basis (their tours being called circuits), and their roles shifted to being solely judicial. Known as "wandering justices," or justiciae errantes, they assumed responsibility for the local courts' workload. The *Court of Common Pleas, a second permanent royal court, opened its doors at Westminster during this same period. The true roots of the common law can be found in these two processes. The Court of Common Pleas judges were so effective in imposing a uniform system over the variety of regional customs that court records referencing the kingdom's custom date back to the end of the 12th century. The judges of the Court of Exchequer, which started to hear cases involving disputes between subjects rather than the royal revenues, and the judges of the Court of King's Bench, a third royal court that gradually formed, joined them in this process (see COURT OF QUEEN'S BENCH). After *equity was added to the common law, it was still administered independently by the three common law courts until the Judicature Acts of 1873–1875 replaced them and the Court of Chancery, which had been housed in Westminster Hall until being relocated to the Strand in 1872. 2. Court-developed laws as opposed to laws established by statute. 3. A broad body of legislation that only derives from rulings made by courts.
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Legal Terms -marriage under common law
1. A union acknowledged as lawful under common law despite not meeting customary marriage conditions. These days, such marriages are only recognized in the following two situations: either they are performed outside of England and the parties have no reasonable access to a local marriage license; or they are performed by military chaplains in a foreign country (or on a ship in foreign waters) where one of the parties is serving in the armed forces. The statement of the parties' acceptance of one another as married partners is the marriage form. 2. The circumstance where two single persons live together as though they are married, however loosely and erroneously. Frequently held to be true is the
The law will treat the parties to such a relationship as though they were married. Although cohabitants have certain special legal privileges, this is untrue.
1. A union acknowledged as lawful under common law despite not meeting customary marriage conditions. These days, such marriages are only recognized in the following two situations: either they are performed outside of England and the parties have no reasonable access to a local marriage license; or they are performed by military chaplains in a foreign country (or on a ship in foreign waters) where one of the parties is serving in the armed forces. The statement of the parties' acceptance of one another as married partners is the marriage form. 2. The circumstance where two single persons live together as though they are married, however loosely and erroneously. Frequently held to be true is the
The law will treat the parties to such a relationship as though they were married. Although cohabitants have certain special legal privileges, this is untrue.
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Legal Terms - Common Serjeant
The title of the Central Criminal Court's second-highest ranking *circuit judge. It was once a historic office of the City of London, dating back to 1291 according to its archives. From the 13th or 14th century until the King's Counsel assumed precedence in the 17th century, serjeants-at-law were the highest ranking position at the English Bar. In common law courts, judges were chosen from among the serjeants until 1873; the order of serjeants was disbanded in 1877.
The title of the Central Criminal Court's second-highest ranking *circuit judge. It was once a historic office of the City of London, dating back to 1291 according to its archives. From the 13th or 14th century until the King's Counsel assumed precedence in the 17th century, serjeants-at-law were the highest ranking position at the English Bar. In common law courts, judges were chosen from among the serjeants until 1873; the order of serjeants was disbanded in 1877.
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Legal Terms - The Commonwealth (British Commonwealth)
It is a voluntary association made up of the United Kingdom and many of its former protectorates and colonies that have gained full independence and are acknowledged as distinct nations under international law. The Statute of Westminster, which was passed in 1931, allowed the earliest nations to achieve independence (such as Canada and Australia), but later Independence Acts have given the majority of them their own independence. While some, like Australia and Canada, are officially still a part of the Crown's dominions, others, like India, have become republics. Everyone acknowledges the Crown as the head of the Commonwealth and as a symbol of their freedom of association.
It is a voluntary association made up of the United Kingdom and many of its former protectorates and colonies that have gained full independence and are acknowledged as distinct nations under international law. The Statute of Westminster, which was passed in 1931, allowed the earliest nations to achieve independence (such as Canada and Australia), but later Independence Acts have given the majority of them their own independence. While some, like Australia and Canada, are officially still a part of the Crown's dominions, others, like India, have become republics. Everyone acknowledges the Crown as the head of the Commonwealth and as a symbol of their freedom of association.
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Legal Terms -Commonwealth citizen
A status equivalent to that of *British subject under the British Nationality Act of 1948. The British Nationality Act of 1981 redefined the term "British subject" as a broad secondary status, replacing the 1948 Act as of January 1, 1983, and giving it a fairly narrow definition. It now encompasses all individuals who are British citizens, British nationals (overseas), British citizens of the British Overseas Territories, or
a citizen of one of the sovereign Commonwealth nations, a British subject (as defined by the British government), or a citizen of the United Kingdom abroad.
A status equivalent to that of *British subject under the British Nationality Act of 1948. The British Nationality Act of 1981 redefined the term "British subject" as a broad secondary status, replacing the 1948 Act as of January 1, 1983, and giving it a fairly narrow definition. It now encompasses all individuals who are British citizens, British nationals (overseas), British citizens of the British Overseas Territories, or
a citizen of one of the sovereign Commonwealth nations, a British subject (as defined by the British government), or a citizen of the United Kingdom abroad.
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Legal Terms -commorientes
Persons who die at the same time or when the order of death is uncertain. In terms of the devolution of their property, commorientes are assumed to have passed away in seniority order under Section 184 of the Law of Property Act of 1925. Therefore, it is considered that a bequest made by the younger to the elder has expired. Nonetheless, a will's contrary intent may override this requirement if a *survivorship provision is used. According to Section 46 (3) of the Administration of Estates Act 1925, the rule does not apply in cases of intestacy when the intestate and the intestate's spouse or civil partner pass away simultaneously or when the order of death is unclear. It should be noted that in cases where an intestate passes away after January 1, 1996, a surviving spouse or civil partner would only inherit the intestate's estate if they outlast the intestate by 28 days, as per Section 46(2A) of the Administration of Estates Act 1925 (as amended by the Law Reform (Succession) Act 1995). For inheritance tax reasons, the commorientes rule is not applicable. Section 4(2) of the Inheritance Tax Act 1984 states that in cases where the order of deaths is unclear, it is presumed that no one survived the other.
Persons who die at the same time or when the order of death is uncertain. In terms of the devolution of their property, commorientes are assumed to have passed away in seniority order under Section 184 of the Law of Property Act of 1925. Therefore, it is considered that a bequest made by the younger to the elder has expired. Nonetheless, a will's contrary intent may override this requirement if a *survivorship provision is used. According to Section 46 (3) of the Administration of Estates Act 1925, the rule does not apply in cases of intestacy when the intestate and the intestate's spouse or civil partner pass away simultaneously or when the order of death is unclear. It should be noted that in cases where an intestate passes away after January 1, 1996, a surviving spouse or civil partner would only inherit the intestate's estate if they outlast the intestate by 28 days, as per Section 46(2A) of the Administration of Estates Act 1925 (as amended by the Law Reform (Succession) Act 1995). For inheritance tax reasons, the commorientes rule is not applicable. Section 4(2) of the Inheritance Tax Act 1984 states that in cases where the order of deaths is unclear, it is presumed that no one survived the other.
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Legal Terms -community
A division of a *county or a county borough, and an equivalent of an English civil parish, is a *local government area in Wales as defined by the Local Government (Wales) Act 1994. Every community holds meetings, and many of them have an elected community council, a *local authority that handles certain small-scale tasks (such providing bus shelters, leisure areas, and allotments). By resolution, a community council may designate, in either Welsh or English, the town in which it resides, the town council, and the town mayor as its chairman.
A division of a *county or a county borough, and an equivalent of an English civil parish, is a *local government area in Wales as defined by the Local Government (Wales) Act 1994. Every community holds meetings, and many of them have an elected community council, a *local authority that handles certain small-scale tasks (such providing bus shelters, leisure areas, and allotments). By resolution, a community council may designate, in either Welsh or English, the town in which it resides, the town council, and the town mayor as its chairman.
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Legal Terms - community home
an establishment that houses and cares for children and young people in need. Under the Children Act of 1989, community houses are offered by volunteer organizations and local government agencies. A local government could be held accountable for the deeds of minors.
in residences for the community. The Children Act has measures pertaining to the closing of "controlled" and "assisted" communal homes in sections 54–58. These clauses are currently extremely rarely applied because there are so few remaining examples of these types of homes.
an establishment that houses and cares for children and young people in need. Under the Children Act of 1989, community houses are offered by volunteer organizations and local government agencies. A local government could be held accountable for the deeds of minors.
in residences for the community. The Children Act has measures pertaining to the closing of "controlled" and "assisted" communal homes in sections 54–58. These clauses are currently extremely rarely applied because there are so few remaining examples of these types of homes.
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Legal Terms - community interest company
a limited company that was established in accordance with the Companies (Audit, Investigations and Community Enterprise) Act of 2004's sections 26–63. The Regulator of Community Interest Companies must approve the company before it can be registered. They must also be satisfied that the company passes the "community interest test," which asks if a reasonable person would believe that the company's operations are being carried out for the benefit of the community. A political purpose-formed corporation is not eligible to register as a community interest company. The amount of dividends that such a corporation may distribute to its members is restricted.
a limited company that was established in accordance with the Companies (Audit, Investigations and Community Enterprise) Act of 2004's sections 26–63. The Regulator of Community Interest Companies must approve the company before it can be registered. They must also be satisfied that the company passes the "community interest test," which asks if a reasonable person would believe that the company's operations are being carried out for the benefit of the community. A political purpose-formed corporation is not eligible to register as a community interest company. The amount of dividends that such a corporation may distribute to its members is restricted.
