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Court

A Law Dictionary and Glossary · George C. Kinney · 1893

A Law Dictionary and Glossary

A tribunal established for the public administration of justice, and composed of one or more judges, who sit for that purpose at fixed times and places, attended by proper officers; the persons of the judges so sitting; the place where they so sit; a legislative assembly. Court above, or ad quem: a court to which a cause is taken from an inferior court. Court below, or a quo: a court from which a cause is removed to a higher court. Court martial: a court held in the military and naval service, for the trial and punishment of offenses against the regulations of the service. Court of appellate jurisdiction: a court which reviews causes removed by appeal or error from another court. Court of equity, or of chancery: a court which administers justice according to the principles of equity. Court of general jurisdiction: a court which takes cognizance of all causes, civil or criminal, of a particular nature. Court of law, or common law: a court which administers justice according to the principles and the forms of the common law. Court of limited jurisdiction: a court which takes cognizance of special matters only. Court of original jurisdiction: a court which exercises jurisdiction over a matter in the first instance. Court of record: a court whose proceedings are enrolled; a court whose attributes and functions exist independently of the person of the magistrate, and which proceeds according to the course of the common law. v. Conscience; Ecclesiastical courts. For particular courts, see infra and names passim.

In English law

Court baron: an inferior court of civil jurisdiction, attached to a manor, held by the steward within the manor. Court for divorce and matrimonial causes: a court established by statute 30 & 31 Vict. c. 85, to which has been transferred the jurisdiction of the ecclesiastical courts in respect of divorces, and in all causes and matters matrimonial. Now a part of the Supreme Court of Judicature. Court leet: a court of record held once or twice in every year within a particular hundred, lordship or manor, before the steward of the leet, for the preservation of the peace, and the punishment of all trivial misdemeanors, v. Frank pledge; Leet. Court of chivalry: a court formerly held before the lord high constable and earl marshal of England jointly, and afterwards before the latter only, having cognizance of contracts and other matters touching deeds of arms and war. Court Christian: an ecclesiastical court, as distinguished from a civil court, v.

Ecclesiastical courts

Court of delegates: the great court of appeal in all ecclesiastical causes, consisting of delegates appointed by the king's commission, under his great seal, and issuing out of chancery, to represent his royal person, and hear all appeals to him made by virtue of the statute 35 Henry VIII., c.

19.

Succeeded by the judicial committee of the privy council. Court of the Duchy of Lancaster: a court of special jurisdiction, held before the chancellor of the duchy or his deputy, concerning all matters of equity relating to lands held of the king in right of the duchy of Lancaster. Court of peculiars: a branch of the Court of Arches, having jurisdiction over all those parishes dispersed through the province of Canterbury, in the midst of other dioceses, which are exempt from the ordinary's jurisdiction, and subject to the metropolitan only. Court of piedpoudre, piepowders or pypowders: a court of record incident to every fair and market, of which the steward of the owner of the toll of the market was the judge. It had cognizance of all cases of contract arising at the particular fair or market, and proceeded in a very summary manner. It was so called from the dusty feet of the suitors, or from the French pied puldreaux, a pedlar. It has fallen into disuse. Court of policies of assurance: a court established by statute 43 Eliz., c. 13, to determine in a summary way all causes between merchants concerning policies of insurance. It has been abolished. Court of regards: one of the forest courts, held every third year for the lawing or expeditation of dogs. v.

Expeditation

Court of requests: a court, not of record, erected by act of parliament in certain towns, for the recovery of small debts. Court of the steward and marshal: a high court, formerly held by the steward and marshal of the king's household, having jurisdiction of all actions against the king's peace within the bounds of the household for twelve miles, which circuit was called the verge. For other courts, see names passim.