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Information about Court Of Common Pleas (england)

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English common law courts before the Judicature Acts
The Court of Common Pleas was a common law court in the English legal system before the reforms of the Judicature Act 1873.

The Court

It was the second oldest of the three common law courts, the oldest being the Court of Exchequer, the newest the Queen's Bench. It was established during the late twelfth century, and dealt with civil cases between party and party. It was the busiest court in the fifteenth century and was led by the Chief Justice of the Common Pleas with five puisne judges.

The three common law courts were all seated at Westminster Hall and were, to some extent, because of their independent origin and the fees that they generated for their respective judges, in competition.[1] The common pleas had a near monopoly on pleas over account, covenant, debt, detinue and land. This court was also the most expensive and therefore the most profitable for judges, clerks and practitioners. The Crown also profitted from the court because it was ordered to fine every debt and seize chattels and goods of all outlaws.

As with the other common law courts, actions were started in the Court in Westminster Hall then referred for local trial at the assizes at nisi prius. The case could then pass back to its own court for review.[1] Before 1830, there was a limited opportunity to appeal to the King's Bench but after that, appeal was allowed direct to the Court of Exchequer Chamber.[2][3]

Amalgamation

In 1873, under the Judicature Act (s.31), it became a division of the newly-created High Court of Justice. By an order in council of 16 December 1880 it was amalgamated, along with the Exchequer Division, into the Queen's Bench Division.[4]

International influence

Similar courts, based on the English model, were established in Ireland and several British colonies, and, as of 2007, courts named "Common Pleas" remain in existence in several U.S. states.

References

1. ^ Cornish & Clark (1989) p.23
2. ^ Cornish & Clark (1989) p.25
3. ^ Law Terms Act 1830, s.8
4. ^ Lord Mackay of Clashfern (ed.) (2002) Halsbury's Laws of England, 4th ed. Vol.10 (Reissue), "Courts", 603 'Divisions of the High Court'

Bibliography

  • Cornish, W. R. & Clark, G. de N. (1989). Law and Society in England 1750-1950. London: Sweet & Maxwell, 23-26, 75. ISBN 0421311509. 
  • Elton, G. R. (1982). The Tudor Constitution, 2nd ed., London: Cambridge University Press. 
  • Kinney, A. (2000). Tudor England: An Encyclopedia. Garland Science. 
In common law legal systems, the law is created and/or refined by judges: a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases.
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court is a public forum used by a power base to adjudicate disputes and dispense civil, labour, administrative and criminal justice under its laws. In common law and civil law states, courts are the central means for dispute resolution, and it is generally understood that all
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English law, the legal system of England and Wales, is the basis of common law legal systems throughout the world (as opposed to civil law or pluralist systems in other countries, such as Scots law).
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Acts of Parliament of predecessor
states to the United Kingdom
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Acts of English Parliament to 1641
Acts and Ordinances (Interregnum) to 1660
Acts of English Parliament to 1699
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The Exchequer of Pleas or Exchequer was one of the three common-law courts of Medieval and Early Modern England and Wales. The term Exchequer is used where there is no possibility of confusion with the government department of the Exchequer of which the Exchequer of Pleas
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One of the ancient courts of England, the Queen's Bench (or King's Bench when the monarch is male) is now a division of the High Court of Justice of England and Wales. Sub-divisions include the Commercial Court, the Admiralty Court and the Administrative Court.
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Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organisations, in which compensation may be awarded to the victim.
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A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law.

Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as
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15th century was that century which lasted from 1401 to 1500.

Events

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Prior to 1880, the Chief Justice of the Court of Common Pleas was one of the highest judicial officials in England, behind only the Lord High Chancellor and the Lord Chief Justice of the King's (or Queen's) Bench.
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A Puisne Justice or Puisne Judge (pronounced puny) is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge.
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In accountancy, an account is a label used for recording and reporting a quantity of almost anything. Most often it is a record of an amount of money owned or owed by or to a particular person or entity, or allocated to a particular purpose.
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covenant, in its most general sense, is a solemn promise to do or not do something specified.

More specifically, a covenant, in contrast to a contract, is a one-way agreement whereby the covenantor is the only party bound by the promise.
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Debt is that which is owed; usually referencing assets owed, but the term can cover other obligations. In the case of assets, debt is a means of using future purchasing power in the present before a summation has been earned.
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Part of the common law series
Intentional torts
Assault  · Battery
False arrest  · False imprisonment
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Property law
Part of the common law series
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Gift  · Adverse possession  · Deed
Lost, mislaid, and abandoned property
Alienation  · Bailment  · License
Estates in land
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Clerk, the vocational title, commonly refers to a white collar office worker who conducts general office or (in some instances) sales tasks. The responsibilities of clerical workers commonly include record keeping, filing, staffing service counters and other administrative tasks.
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The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government. It evolved naturally as a separation of the literal crown and property of the nation-state from the person and personal property of the monarch.
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Property law
Part of the common law series
Acquisition of property
Gift  · Adverse possession  · Deed
Lost, mislaid, and abandoned property
Alienation  · Bailment  · License
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Nisi prius, is an historic term in English law. In the nineteenth century, it came to be used to denote generally all legal actions tried before judges of the King's Bench Division[1]
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18th century - 19th century - 20th century
1800s  1810s  1820s  - 1830s -  1840s  1850s  1860s
1827 1828 1829 - 1830 - 1831 1832 1833

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Subjects:     Archaeology - Architecture -
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In law, an appeal is a process for making a formal challenge to an official decision.

The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country.
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One of the ancient courts of England, the Queen's Bench (or King's Bench when the monarch is male) is now a division of the High Court of Justice of England and Wales. Sub-divisions include the Commercial Court, the Admiralty Court and the Administrative Court.
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Court of Exchequer Chamber was an English appellate court for common law civil actions, prior to the reforms of the Judicature Acts of 1873-1875.

The Court heard references from the King's Bench, the Court of Exchequer and, from 1830, the Court of Common Pleas.
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18th century - 19th century - 20th century
1840s  1850s  1860s  - 1870s -  1880s  1890s  1900s
1870 1871 1872 - 1873 - 1874 1875 1876

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Subjects:     Archaeology - Architecture -
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Her Majesty's High Court of Justice (usually known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of Judicature of England and Wales (which under the Constitutional Reform Act 2005, is to be known as the
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An Order-in-Council is a type of legislation in Commonwealth Realms. In the United Kingdom this legislation is formally made in the name of the Queen by the Privy Council (Queen-in-Council
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18th century - 19th century - 20th century
1850s  1860s  1870s  - 1880s -  1890s  1900s  1910s
1877 1878 1879 - 1880 - 1881 1882 1883

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