Error From Queen's Bench Act 1584 | |
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Act of Parliament | |
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Long title | An Act for redress of erroneous judgments in the court, commonly called, the King's bench. |
Citation | 27 Eliz. 1. c. 8 |
Dates | |
Royal assent | 14 September 1585 |
Repealed | 28 July 1863 |
Other legislation | |
Repealed by | Statute Law Revision Act 1863 |
Status: Repealed |
The Court of Exchequer Chamber was an English appellate court for common law civil actions before the reforms of the Judicature Acts of 1873–1875. It originated in the fourteenth century, established in its final form by the Error From Queen's Bench Act 1584 (27 Eliz. 1. c. 8).
The court heard references from the King's Bench, the Court of Exchequer and, from 1830, directly rather than indirectly from the Court of Common Pleas. It was constituted of four judges belonging to the two courts that had been uninvolved at first instance. [1] In cases of exceptional importance such as the Case of Mines (1568) and R v Hampden (1637) [2] twelve common law judges, four from each division below, sitting in Exchequer Chamber, might be asked to determine a point of law, the matter being referred by the court hearing the case rather than the parties. [3]
Though further appeal to the House of Lords was possible, this was rare before the nineteenth century. [1] As a rule, a judgment of the Exchequer Chamber was considered the definitive statement of the law. Certain judgments like Hampden (the case of ship money) caused political controversy.
It was superseded by the Court of Appeal of England and Wales.
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants.
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales.
The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity, a set of legal principles based on natural law and common law in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880.
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.
Nisi prius is a historical term in English law. In the 19th century, it came to be used to denote generally all legal actions tried before judges of the King's Bench Division and in the early twentieth century for actions tried at assize by a judge given a commission. Used in that way, the term has had no currency since the abolition of assizes in 1971.
The Court for Crown Cases Reserved or Court for Criminal Cases Reserved was an appellate court established in 1848 for criminal cases in England and Wales to hear references from the trial judge. It did not allow a retrial, only judgment on a point of law. Neither did it create a right to appeal and only a few selected cases were heard every year.
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench.
The Law Terms Act 1830 was an Act of the Parliament of the United Kingdom that made various changes to the court system of England and Wales.
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the curia regis, the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice and usually three Puisne Justices.
The Court of King's Bench was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The King's Bench was one of the "Four Courts" which sat in the building in Dublin which is still known as "The Four Courts", and is still in use.
Slade's Case was a case in English contract law that ran from 1596 to 1602. Under the medieval common law, claims seeking the repayment of a debt or other matters could only be pursued through a writ of debt in the Court of Common Pleas, a problematic and archaic process. By 1558 the lawyers had succeeded in creating another method, enforced by the Court of King's Bench, through the action of assumpsit, which was technically for deceit. The legal fiction used was that by failing to pay after promising to do so, a defendant had committed deceit, and was liable to the plaintiff. The conservative Common Pleas, through the appellate court the Court of Exchequer Chamber, began to overrule decisions made by the King's Bench on assumpsit, causing friction between the courts.
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.
Sir John Denham (1559–1639) was an English-born judge who spent part of his career in Ireland. He is chiefly remembered now as one of the "Ship-money judges" who decided the so-called Ship Money case, Rex v. Hampden. He was the father of the poet Sir John Denham.
Sir Jeffrey Gilbert (1674–1726) was an English barrister, judge and author who held office as Lord Chief Baron of the Exchequer in both Ireland and England. While he was serving as a judge in Ireland, a routine judgment he delivered unexpectedly led to a major political crisis, as a result of which he was briefly imprisoned. He later became renowned for his legal treatises, none of which were published in his lifetime.
The Court of Exchequer (Ireland), or the Irish Exchequer of Pleas, was one of the senior courts of common law in Ireland. It was the mirror image of the equivalent court in England. The Court of Exchequer was one of the four royal courts of justice which gave their name to the building in Dublin in which they were located, which is still called the Four Courts, and is in use as a courthouse.
Certain former courts of England and Wales have been abolished or merged into or with other courts, and certain other courts of England and Wales have fallen into disuse.
The Court of Criminal Appeal was an English appellate court for criminal cases established by the Criminal Appeal Act 1907 It superseded the Court for Crown Cases Reserved to which referral had been solely discretionary and which could only consider points of law. Throughout the nineteenth century, there had been opposition from lawyers, judges and the Home Office against such an appeal court with collateral right of appeal. However, disquiet over the convictions of Adolf Beck and George Edalji led to the concession of a new court that could hear matters of law, fact or mixed law and fact.
Accounts of the Indigenous law governing dispute resolution in the area now called Ontario, Canada, date from the early to mid-17th century. French civil law courts were created in Canada, the colony of New France, in the 17th century, and common law courts were first established in 1764. The territory was then known as the province of Quebec.