A franchise, such as a corporation, a jurisdiction, or a right to collect certain tolls or taxes, was, in effect, a kind of property: an "incorporeal hereditament". Under English law incorporeal hereditaments (including jurisdictions) were either granted or recognized in charters.
Franchise jurisdictions included those of manorial courts, secular courts of ecclesiastical corporations (in addition to the Church's own jurisdiction over family law), borough courts of municipal corporations, merchant courts established on markets and fairs, and mining courts of mines and mining villages.
In medieval England franchises could also be established for jurisdiction over partially or entirely privatized administrative territories such as "hundreds" and counties. Broad jurisdictional powers were also granted to many colonial corporations (such as the East India Company).
In medieval England for many substantive areas of law the king's courts only reviewed whether the franchise courts stayed within their jurisdictional and certain procedural bounds and not the substance of the case. Generally, the only way to remove or undo the remedy of a franchise court case in royal court was to bring one of several varieties of lawsuits for trespass (tort) against the franchise court.
Jurisdiction is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it.
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settlor", the party to whom the right is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the "beneficiary", and the entrusted property itself is known as the "corpus" or "trust property". A testamentary trust is created by a will and arises after the death of the settlor. An inter vivos trust is created during the settlor's lifetime by a trust instrument. A trust may be revocable or irrevocable; an irrevocable trust can be "broken" (revoked) only by a judicial proceeding.
In law, especially English and American common law, quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold. Quo warranto is also used, with slightly different effect, in the Philippines.
A bailiff is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offices and duties vary greatly.
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 term soke, at the time of the Norman conquest of England, generally denoted "jurisdiction", but its vague usage makes it probably lack a single, precise definition.
Lord of the manor is a title that, in Anglo-Saxon England, referred to the landholder of a rural estate. The lord enjoyed manorial rights as well as seignory, the right to grant or draw benefit from the estate. The title continues in modern England and Wales as a legally recognised form of property that can be held independently of its historical rights. It may belong entirely to one person or be a moiety shared with other people.
Advowson or patronage is the right in English law of a patron (avowee) to present to the diocesan bishop a nominee for appointment to a vacant ecclesiastical benefice or church living, a process known as presentation.
In common law, a hereditament is any kind of property that can be inherited.
In Scotland, a baron or baroness is the head of a feudal barony, also known as a prescriptive barony. This used to be attached to a particular piece of land on which was situated the caput or essence of the barony, normally a building, such as a castle or manor house. Accordingly, the owner of the piece of land containing the caput was called a baron or baroness. According to Grant, there were around 350 identifiable local baronies in Scotland by the early fifteenth century and these could mostly be mapped against local parish boundaries. The term baron was in general use from the thirteenth century to describe what would have been known in England as a knight of the shire.
High, middle and low justices are notions dating from Western feudalism to indicate descending degrees of judicial power to administer justice by the maximal punishment the holders could inflict upon their subjects and other dependents.
Section 51(xxxi) is a subclause of section 51 of the Constitution of Australia.
The law of heraldic arms governs the "bearing of arms", that is, the possession, use or display of arms, also called coats of arms, coat armour or armorial bearings. Although it is believed that the original function of coats of arms was to enable knights to identify each other on the battlefield, they soon acquired wider, more decorative uses. They are still widely used today by countries, public and private institutions and by individuals. The earliest writer on the law of arms was Bartolus de Saxoferrato. The officials who administer these matters are called pursuivants, heralds, or kings of arms. The law of arms is part of the law in countries which regulate heraldry, although not part of common law in England and in countries whose laws derive from English law.
A servitude is a qualified beneficial interest severed or fragmented from the ownership of an inferior property and attached to a superior property or to some person other than the owner. At civil law, ownership (dominium) is the only full real right whereas a servitude is a subordinate real right on par with wayleaves, real burdens, security interests, and reservations. There are two types: predial, attaching to property, and personal, attaching to a person.
The ancient boroughs were a historic unit of lower-tier local government in England and Wales. The ancient boroughs covered only important towns and were established by charters granted at different times by the monarchy. Their history is largely concerned with the origin of such towns and how they gained the right of self-government. Ancient boroughs were reformed by the Municipal Corporations Act 1835, which introduced directly elected corporations and allowed the incorporation of new industrial towns. Municipal boroughs ceased to be used for the purposes of local government in 1974, with borough status retained as an honorific title granted by the Crown.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.
The meaning of land in English law encompasses a number of things, beyond the earth itself, such as fixtures, and easements. Its definition is practically important in English land law, because when a purchase of property in land is made, without specifying what exactly will be transferred, the law must give an answer as to what should accompany the transfer. Property in land, under the English system of rules, is said to be "four dimensional". It covers not just area, but also things below the surface and above, and extends over a period of time.
Bank of the United States v. Deveaux, 9 US 61 (1809) is an early US corporate law case decided by the US Supreme Court. It held that corporations have the capacity to sue in federal court on grounds of diversity under article three, section two of the United States Constitution. It was the first Supreme Court case to examine corporate rights and, while it is rarely featured prominently in US legal history, it set an important precedent for the legal rights of corporations, particularly with regard to corporate personhood.
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property.
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