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Common-law Court

Subject: Law

The Supreme Court is a common‐law court that operates in a system that has little federal common law. Yet its common‐law nature is important to the Court's functioning as a ...

common law courts

common law courts   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,282 words

...to the derivation and function of what is now called the court service, meaning most broadly the hierarchy of tribunals and courts. The original court of common law was simply the King's (or occasionally Queen's) court, his or her suite, meaning place of habitation and following. It was to the Royal court and then, later, to its itinerant royal delegates that disputants would come and air their grievances. When the hierarchy of common law courts was later established, each court bore with it some element, vicarious or delegated though it be, of majesty or...

common law courts, history of

common law courts, history of   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,247 words

... 1875 , the three common law courts were duly merged with the court of Chancery into a single High Court of Justice. By 1880 , the Exchequer and Common Pleas Divisions of this court were abolished, leaving the Queen's Bench Division as the only ‘common law’ division of the new court. Michael Lobban J H Baker , An Introduction to English Legal History (London: Butterworths, 4th edn, 2002) C W Brooks , Lawyers, Litigation and English Society since 1450 (London: Hambledon, 1998) See also: Chancery court ; courts ; equity as a system of ...

common law courts

common law courts  

Reference type:
Overview Page
Subject:
Law
It is an axiom of common law, so deeply rooted and well established as to need no specific authority, that ‘justice should not only be done but manifestly and undoubtedly ...
Common‐law Court

Common‐law Court   Reference library

Richard F. Hamm

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
591 words

...‐law Court The Supreme Court is a commonlaw court that operates in a system that has little federal common law . Yet its commonlaw nature is important to the Court's functioning as a constitutional arbiter. Common law is a system of law made not by legislatures but by courts and judges. Although often called “unwritten law,” the phrase actually refers only to the source of law, which is presumed to be universal custom, reason, or natural law . In common law, the substance of the law is to be found in the published reports of court decisions. Two...

Common-law Court

Common-law Court  

Reference type:
Overview Page
Subject:
Law
The Supreme Court is a common‐law court that operates in a system that has little federal common law. Yet its common‐law nature is important to the Court's functioning as a ...
Law

Law   Reference library

An Oxford Companion to the Romantic Age

Reference type:
Subject Reference
Current Version:
2009
Subject:
History, modern history (1700 to 1945), Literature
Length:
5,210 words
Publisher:
Oxford University Press

...in the common law. But for traditionalists this was a second-best option, measured against the proper development of the law in the courts. The construction of the commercial law by Lord Chief Justice *Mansfield between 1756 and 1788 was the clearest contemporary example of the continuing willingness of common law judges to create substantive law independently of the legislature, despite their modest claims to a merely declarative function. Moreover, in the absence of legislation for devolved local government, the central courts and their judges...

Central Government, Courts, and Taxation

Central Government, Courts, and Taxation   Quick reference

R. W. Hoyle

The Oxford Companion to Local and Family History (2 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
History, Local and Family History
Length:
7,753 words
Publisher:
Oxford University Press

...Three courts, the Exchequer of Pleas, Common Pleas, and King's Bench, used writs, Common Pleas and King's Bench developing out of the undifferentiated Curia Regis after 1234 . The Exchequer of Pleas was used to bring actions against crown officials, including sheriffs , and while its jurisdiction was widened by the fiction of allowing suits from crown debtors, it was never a busy jurisdiction. Common Pleas was the busiest court, having in the late 15th century between 70 and 80 per cent of the total common law business ( E. W. Ives , The Common Lawyers...

Chronology of a Struggle for Equal Rights

Chronology of a Struggle for Equal Rights   Reference library

Islam in Transition: Muslim Perspectives (2 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
2,423 words
Publisher:
Oxford University Press

...would not cause any harm to the existing wife or wives. The law requires that the court summon the applicant and his existing wife or wives to be present at the hearing of the application. If under the new JAIS regulations consent of the existing wife is no longer needed, will this mean that she will not be consulted by the court as required by law? Clearly the reformed law saw the necessity of consultation with the existing wife. Her experiences living in the same household would assist the court in ascertaining the measure of the man and on whether he...

The Modernist Majority Report

The Modernist Majority Report   Reference library

Islam in Transition: Muslim Perspectives (2 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
1,627 words
Publisher:
Oxford University Press

...to it, with the warning that the common man will find it extremely difficult, if not impos-sible, to fulfill the conditions of equal justice attached to it. The members of the Commission, therefore, are convinced that the practice cannot be left to the sweet will of the individual. It is thoroughly irrational to allow individuals to enter into second marriages whenever they please and then demand post facto that if they are unjust to the first wife and children, the wife and children should seek a remedy in a court of law. This is like allowing a...

Shari‘a: The Codification of Islamic Law

Sharia: The Codification of Islamic Law   Reference library

Muhammad Sa‘id Al-‘Ashmawi

Liberal Islam: A Sourcebook

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
6,146 words
Publisher:
Oxford University Press

...touch with worldly affairs.” Does Egyptian common law, aside from some exceptions, propose anything other than the installation of justice in society? Does not the action of the Egyptian judiciary, developed by serious and persevering work, seek to establish justice, law and security? If there is still someone who, after all that, could pretend that Egyptian courts and laws impede shari‘a and the government of Divine Revelation, we would refer to what we have said...

The Poor

The Poor   Quick reference

David Hey

The Oxford Companion to Local and Family History (2 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
History, Local and Family History
Length:
5,036 words
Publisher:
Oxford University Press

...to loud arguments and threats of violence, for it raised the vexed question of who exactly was entitled to common rights and how the exploitation of these rights could be managed fairly. According to the strict interpretation of the law, common rights were attached only to certain farms and cottages, but in practice they were also claimed by incomers who had erected cottages with or without the agreement of the parish officers. The jurors of manor courts tried to impose stints that specified the amount of livestock that each farmer was allowed to graze on...

Shura and Democracy

Shura and Democracy   Reference library

Osman Fathi

Islam in Transition: Muslim Perspectives (2 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
4,010 words
Publisher:
Oxford University Press

...professionals, in schools, factories, companies, or other bodies, and even of reaching decisions in a court of several judges or judge and jury. The argument that voting means giving the same value to the judgment of the most knowledgeable person and that of the most ignorant one can be answered by saying that the common interest of the people can be determined by any individual of ordinary civic abilities and experience. Campaigns for candidates and laws and the mass media provide valuable information for a serious voter. The judgment of an older...

Native American Family Names

Native American Family Names   Reference library

Simon Lenarčič

Dictionary of American Family Names (2 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Names studies
Length:
2,978 words
Publisher:
Oxford University Press

...form of the name Skenandoah , borne by the famous Oneida chief (about 1706–1816); standingbear , a translation into English of Machu Nazhi , the name of the Ponca chief (about 1829–1908), who is famous for a court case in which he successfully argued that a Native American is, just like a white man, a person within the meaning of the law. Surnames Based on the Names of Animals, Birds, Plants, and Other Natural Phenomena As can be seen from the translated examples listed a few paragraphs above, the traditional personal names and, subsequently, the...

Family and Society

Family and Society   Quick reference

Ralph Houlbrooke

The Oxford Companion to Local and Family History (2 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
History, Local and Family History
Length:
6,144 words
Publisher:
Oxford University Press

...and economic) are also recent ones, though a few much older works may be mentioned. F. W. Maitland's chapters on family law in The History of English Law ( 1895 , 1968 ) are still indispensable reading. Among the many books devoted to marriage and divorce are G. E. Howard , A History of Matrimonial Institutions ( 1904 ), R. H. Helmholz , Marriage Litigation in Medieval England ( 1974 ), Martin Ingram , Church Courts, Sex and Marriage in England ( 1987 ), Lawrence Stone, Road to Divorce ( 1990 ), and Leah Leneman, Alienated Affections:...

The Medina Document

The Medina Document   Reference library

Ali Bulaç

Liberal Islam: A Sourcebook

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
7,296 words
Publisher:
Oxford University Press

...own courts and laws has formed part of the dhimmi [minority groups] law since then, lasting until the final days of the Ottomans [reigned 1281–1924]. Another constitutive principle emerges here: in a pluralist society, several legal systems, not necessarily one single system, may coexist. Of course if conflicts arise among groups due to contradictions between laws—which are expected to arise—in these cases either the Court of Mazalim [Injustice] extends its authority to decide the case, as was the case historically; or higher courts...

Czech Family Names

Czech Family Names   Reference library

Dobrava Moldanová

Dictionary of American Family Names (2 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Names studies
Length:
4,083 words
Publisher:
Oxford University Press

...meaning is now obscure, referring to functions and objects that fell out of use. The Most Common Czech Surnames The most common Czech surname is Novák (see Novak ) meaning new man, borne by almost 100,000 Czechs, or 1 percent of the population. It belongs to a category of surnames that established a person’s status in a community, in this case marking a newcomer. A related name is Novotný ( Novotny ), which occupies the second or third place on lists of the most common Czech names, with its related names Nový ( Novy ), an adjective meaning ‘new’ and ...

43b The History of the Book in Southeast Asia (2): The Mainland

43b The History of the Book in Southeast Asia (2): The Mainland   Reference library

Jana Igunma

The Oxford Companion to the Book

Reference type:
Subject Reference
Current Version:
2010
Subject:
History, Social sciences
Length:
2,529 words
Publisher:
Oxford University Press

...organizations, which published numerous translations of biblical tracts, commentaries, and catechisms in Thai languages. The royal court first made use of a press in 1839 to publish a royal proclamation banning the opium trade. In 1858 , King Rama IV commanded the government to establish its own press to print The Royal Gazette ( Ratkitchanuphēk ), as well as administrative papers and records ( čhotmaihēt ), handbooks, laws, travel reports, speeches, and descriptions of the provinces of Thailand. Thailand’s policy of educational modernization in the...

James

James   Reference library

Rainer Riesner and Rainer Riesner

The Oxford Bible Commentary

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
10,287 words
Publisher:
Oxford University Press

...6:47–9 ; cf. Origen, Hom. in Gen. 2.16). The use of mirrors as illustration ( vv. 23 b –4 ) was common in the religious and philosophical teaching of the ancient world. The idiom ‘the perfect law…of liberty’ ( v. 25; cf. 2:15 ) is crucial for every general understanding of James. The strongly Semitic expression ‘hearer of forgetfulness’ (own tr.) argues against a Stoic background. As ‘the royal law’ in 2:8 , ‘the perfect law’ should be understood as the OT law as interpreted and completed by Jesus ( cf. Mt 5:17, 48 ). There might be a traditio-historical...

Deuteronomy

Deuteronomy   Reference library

Christoph Bultmann and Christoph Bultmann

The Oxford Bible Commentary

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
28,352 words
Publisher:
Oxford University Press

...brother-in-law. 25:11–12 , except for the lex talionis ( 19:21 ), this is the only instance of mutilation as punishment in the law code. ( 25:13–16 ) Fairness and Honesty The concluding paragraph of the law code is permeated by the sapiential spirit of humanism typical of many sections of Deuteronomy. The law on just weights and measures has parallels in Israelite as well as ancient Near-Eastern wisdom texts ( Prov 11:1; 20:10, 23 ; Shurpu , 8. 64–7 ( Reiner 1958 : 42–3 ); cf. Code of Hammurabi, §94 ( ANET 169)). It appeals to a common sense of what...

Additions to Daniel

Additions to Daniel   Reference library

George J. Brooke and George J. Brooke

The Oxford Bible Commentary

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
7,923 words
Publisher:
Oxford University Press

...assembly's sentence ( cf. Mt 27:24 ). m. Sanh. 6:1–2 permits people to appeal against a verdict before sentence is carried out ( Delcor 1971 : 270 ). Similar sudden interventions by a youth are a common folklore motif. vv. 47–59 , the second trial takes place. vv. 47–9 , it is initiated by Daniel railing against the people and urging them to return to court to consider things clearly; cf. Simeon ben Shetach's advice on careful cross-examination ( m. ᾽Abot 1:9; Brüll 1877 : 64 ). v. 50 , Daniel's authority is recognized and he is invited to join the...

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