Common law Common law An answer (derived from and, against, and the same root as swear) was originally a solemn assertion in opposition to some one or something, and thus generally any counter-statement or defence, a reply to a question or objection, or a correct solution of a problem. In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment. ...more on Wikipedia about "Answer"
In British and British-derived legal systems, an Anton Piller order (frequently misspelt as Anton Pillar order) is a court order which provides for the right to search premises without prior warning. This is used in order to prevent the destruction of incriminating evidence, particularly in cases of alleged copyright or patent infringements. ...more on Wikipedia about "Anton Piller order"
An attainder, in British law, was the ending of a person's civil rights after he has been sentenced to death or to outlawry, as an additional penalty. It was frequently imposed in cases of treason. ...more on Wikipedia about "Attainder"
Her Majesty's Attorney General for England and Wales, usually known as the Attorney General, is the chief legal adviser of the Crown in England and Wales. He represents the Queen and the Government in court, and has supervisory powers over prosecutions, which are the responsibility of the Director of Public Prosecutions and the Crown Prosecution Service. The Attorney General also represents the Crown in many judicial proceedings relating to the public interest, e.g. the administration of charities and income tax. He is assisted by the Solicitor General: both offices are filled by political appointees who must belong to either house of Parliament. The Attorney General is not usually a member of the Cabinet, but is called to advise it when necessary. ...more on Wikipedia about "Attorney General for England and Wales"
The Ministry of the Attorney General of Ontario is responsible for providing a fair and accessible justice system which reflects the needs of the diverse communities it serves across government and the province. It strives to manage the justice system in an equitable, affordable and accessible way throughout the province. ...more on Wikipedia about "Attorney General of Ontario"
The Attorney-General of Australia is the chief law officer of the Crown and a member of the Federal Cabinet. In theory, he or she is appointed by the Governor-General on the advice of the Prime Minister, and serves at the Governor-General's pleasure. In practice the Attorney-General is a party politician and his or her tenure is determined by political factors. ...more on Wikipedia about "Attorney-General of Australia"
A barrister (" advocate" in Scotland and the Channel Islands, "barrister-at-law" in Ireland and elsewhere) is a lawyer found in some Common law jurisdictions who principally, but not exclusively, represents litigants as their advocate before the courts of that jurisdiction. In this regard, the profession of barrister corresponds neatly to that part of the role of legal professionals found in the civil law jurisdictions relating to appearing in trials or pleading cases before the courts. However, barristers, as a profession, are also known for specialising in certain areas of the law, and for giving advice in relation thereto to clients referred to them. ...more on Wikipedia about "Barrister"
Barristers in England and Wales are one form of lawyer in England and Wales, where the legal profession is divided between solicitors and barristers. Both are trained in law but serve different functions in the practice of law. ...more on Wikipedia about "Barristers in England and Wales"
A bill of attainder (also known as an act or writ of attainder) was an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. The United States Constitution forbids both the federal and state governments from enacting bills of attainder, in Article 1, Sections 9 and 10, respectively. They were abolished in the United Kingdom in 1870. ...more on Wikipedia about "Bill of attainder"
Bona vacantia ( Latin for "vacant goods") is a common law doctrine in the United Kingdom under which ownerless property passes by law to the Crown. It has largely replaced the doctrine of escheat, which had a similar effect in relation to feudal tenures. The body that administers bona vacantia varies within the UK: ...more on Wikipedia about "Bona vacantia"
Casuistry (argument by cases) is an attempt to determine the correct response to a moral problem, often a moral dilemma, by drawing conclusions based on parallels with agreed responses to pure cases, also called paradigms. Casuistry is a method of ethical case analysis. Used with a negative connotation, casuistry refers to reasoning that is specious or hair-splitting and seen as intentionally misleading. ...more on Wikipedia about "Casuistry"
Collateral estoppel, also sometimes known as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. This is for the prevention of legal harassment and to prevent the abuse of legal resources. ...more on Wikipedia about "Collateral estoppel"
The common law forms a major part of the law of many countries, especially those with a history as British territories or colonies. It is notable for its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by judges hearing real cases. ...more on Wikipedia about "Common law"
In the common law of crime in England a common scold was a species of public nuisance - a troublesome and angry woman who broke the public peace by habitually arguing and quarrelling with her neighbours. The Latin name for the offender, communis rixatrix, appears in the feminine gender, and makes it clear that only women could commit this crime. ...more on Wikipedia about "Common scold"
Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. Often stated simply as "in contempt," it is the highest remedy of a judge to impose sanctions on an individual for acts which wantonly or excessively disrupt the normal process of a court hearing. ...more on Wikipedia about "Contempt of court"
In common law jurisdictions, a court of record is a court that keeps permanent records of its proceedings. Judgments of a trial court of record are normally subject to appellate review. In many jurisdictions, all courts are courts of record. In many jurisdictions, courts that have the power to fine or imprison must be courts of record. In almost all jurisdictions, a court of record will have a court clerk whose primary duty is to maintain the permanent records. Traditionally, a court of record was required to have its own unique seal, which was used to authenticate its judgments and copies of its records. ...more on Wikipedia about "Court of record"
(Crown Attorney Office (Canada)) In Quebec, the Director of Public Prosecutions or Direction générale des poursuites publiques is responsible for criminal cases. ...more on Wikipedia about "Crown Attorney Office (Canada)"
Death by crushing or pressing, as a method of execution, has a long and bloody history, and the techniques to achieve this end varied greatly from place to place. This form of execution is, however, no longer sanctioned by any governing body. ...more on Wikipedia about "Crushing"
Denization is an obsolete process in English Common Law, dating from the 13th century, by which a foreigner gained some privileges of a British subject, including the right to hold English land, through letters patent. Denization fell into disuse when statutory mechanisms for naturalisation developed. The term ‘denizen’ has been used, prior to the abolition of slavery in the United States, to refer to the status of free blacks. Used non-legally, the term ‘denizen’ means ‘resident’. ...more on Wikipedia about "Denizen"
A district attorney is, in some U.S. jurisdictions, the title of the local public official who represents the government in the prosecution of criminals. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of assistant district attorneys. Similar functions are carried out at the local level in other jurisdictions by officers named the Commonwealth's Attorney, State's Attorney, or County Attorney. Depending on the system in place in the particular state or county, district attorneys may be appointed by the chief executive of the region or elected by the people. ...more on Wikipedia about "District attorney"
The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre-existing vulnerability or medical condition. The term implies that if a person had a skull as delicate as the shell of an egg, and a tortfeasor or assailant who did not know of that condition were to tap that person on the head, causing the skull to break, the responsible party would be held liable for all damages resulting from the wrongful contact, even though they were not forseeable. The general maxim is that the defendant must "take their victim as they find them". ...more on Wikipedia about "Eggshell skull"
Equity is the name given to the portion of the legal system, in countries following the English common law tradition, that resolves disputes between persons by resorting to principles of conscience, fairness and justness. Equity comes into play typically when none of the parties to the dispute has done anything against the law, but their rights or claims are in conflict. Thus, it is to be contrasted with "law", which refers to both "statutory law" (the laws enacted by Parliament), and the " case law" (the principles set forth in the opinions given by judges when they decide cases). ...more on Wikipedia about "Equity"
Escheat is an obstruction of the course of descent and the consequent reversion of property to the original grantor. In common law there were two main ways this could happen: ...more on Wikipedia about "Escheat"
Estoppel is an equitable doctrine proposing that any person who asks the courts to enforce a legal remedy should have a clear conscience. Wherever a law is broken, a right of action is created in any person who has suffered a loss (the plaintiff). This right to a remedy is enforced through the courts. In almost all cases, the state of the plaintiff's conscience will be irrelevant to obtaining relief. But, if the plaintiff has said or done something that induced the defendant to change his or her behaviour and that reliance was reasonable, the courts have a discretion to deny the remedy to the plaintiff. Hence, an estoppel is not a remedy "at law" in common law jurisdictions, but based on principles of equity. In the majority of cases, it is only a defence and it works by preventing a plaintiff from enforcing established legal rights, or from relying on a set of facts that would give rise to enforceable rights (e.g. words said or actions performed) if that enforcement or reliance would be unfair to the defendant. Because its effect is to defeat generally enforceable legal rights, the scope of the remedy is often very limited. ...more on Wikipedia about "Estoppel"
Estoppel is a legal doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (eg. words said or actions performed) which is different from an earlier set of facts. ...more on Wikipedia about "Estoppel (English law)"
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