Court of Common Pleas (England) in the context of "Westminster Hall"

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⭐ Core Definition: Court of Common Pleas (England)

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 court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of puisne justices, who were required to be Serjeants-at-Law, and until the mid 19th century only Serjeants were allowed to plead there.

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👉 Court of Common Pleas (England) in the context of Westminster Hall

Westminster Hall is a medieval great hall which forms part of the Palace of Westminster in London. It was built in 1097 for William II, and at that time was one of the largest halls in Europe. It is particularly notable for its hammerbeam roof, which was commissioned for Richard II in 1393 and built by the royal carpenter, Hugh Herland. At the same time the rest of the hall was remodelled by the master mason Henry Yevele. The hall survived the fire of 1834 and bombing in World War II and, in spite of various restorations, has maintained its medieval structure and many of its features.

The hall has served a variety of ceremonial and administrative functions throughout its history. From the twelfth to the nineteenth centuries it was home to the courts of King's Bench, Chancery, and Common Pleas. It was the scene of important state trials, including those of Thomas More,Guy Fawkes and King Charles I. Banquets and royal entertainments were hosted in the hall, with the last coronation banquet being that of George IV in 1821. Since the twentieth century, the hall has been the venue for the lyings in state of state funerals. It is used for special addresses by Parliament to the monarch, and is on rare occasions the venue for joint addresses to the two chambers of Parliament.

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Court of Common Pleas (England) in the context of Form of action

The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law. Depending on the court, a plaintiff would purchase a writ in Chancery (or file a bill) which would set in motion a series of events eventually leading to a trial in one of the medieval common law courts. Each writ entailed a different set of procedures and remedies which together amounted to the "form of action".

The forms of action were abolished during the 19th century, but they have left an indelible mark on the law. In the early Middle Ages, the focus was on the procedure that was employed to bring one's claim to the royal courts of King's Bench or Common Pleas: it was the form of one's action, not its substance, which occupied legal discussion. This restrictive approach is one of the reasons which attracted litigants to petition the King directly, which eventually led to the development of a separate court known as the Court of Chancery, from which the body of law known as equity derives. Modern English law, as in most other legal systems, now looks to substance rather than to form: a claimant needs only to demonstrate a valid cause of action.

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Court of Common Pleas (England) in the context of Court of King's Bench (England)

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 (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices.

In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To recover, the King's Bench undertook a scheme of revolutionary reform, creating less expensive, faster and more versatile types of pleading in the form of bills as opposed to the more traditional writs. Although not immediately stemming the tide, it helped the King's Bench to recover and increase its workload in the long term.

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Court of Common Pleas (England) in the context of John Fortescue Aland

John Fortescue Aland, 1st Baron Fortescue of Credan (7 March 1670 – 19 December 1746) was an English lawyer, judge, politician and peer who sat in the British House of Commons from 1715 to 1717. Aland wrote on English legal and constitutional history, and was said to have influenced Thomas Jefferson. A member of both the Middle Temple and Inner Temple, he became a King's Counsel in 1714 and was then appointed Solicitor General, first to the Prince of Wales and then to his father George I in 1715. After a short stint as a member of parliament, Aland was knighted and elevated to the Bench as a Baron of the Exchequer in 1717. He was subsequently a justice of the Court of King's Bench (1718–1727) and of the Court of Common Pleas (1728–1746), save for a brief hiatus between 1727 and 1728 which has been attributed to George II's displeasure with one of his legal opinions.

In 1714, Aland wrote and published a volume titled The Difference between an Absolute and Limited Government based on a manuscript in the Bodleian Library by his distant ancestor Sir John Fortescue, to which he added an extended preface. This was possibly the earliest English-language work on constitutional history. Jefferson referred to Aland's views in the 1719 edition of this work, and in another preface by him on a 1748 collection of judicial decisions which he edited, titled Reports of Select Cases in All the Courts of Westminster-Hall.

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Court of Common Pleas (England) in the context of Chief Justice of the Common Pleas

The chief justice of the common pleas was the head of the Court of Common Pleas, also known as the Common Bench, which was the second-highest common law court in the English legal system until 1875, when it, along with the other two common law courts and the equity and probate courts, became part of the High Court of Justice. As such, the chief justice of the Common Pleas was one of the highest judicial officials in England, behind only the lord high chancellor and the Lord Chief Justice of England, who headed the King's Bench (Queen's when the monarch was female).

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Court of Common Pleas (England) in the context of Exemplified copy

An exemplified copy (or exemplification) is an official attested copy or transcript of a public instrument, made under the seal and original pen-in-hand signature of a court or public functionary and in the name of the sovereign, for example, "The People of the State of Oklahoma". Exemplifications can only be attested and executed by either the authority holding the record or the issuing authority. Exemplified copies are also usually an extract or transcript made directly from the original. They can be contrasted with certified copies which are attested by a public authority who does not necessarily execute the copy; are signed and sealed by the certifier, not necessarily the issuing authority or recorder; and are a facsimile, made from the original or not, and vary as to faithfulness, for example, fair copy, imitative copy, and so forth.

Certified copies of birth and death records from New York City, Los Angeles, Georgia, and in certain other locations in the US can, if requested, be accompanied by a letter of exemplification. This is the first step in a process leading to authentication or an apostille. In Canada and Australia and certain other common-law jurisdictions, exemplifications may be made of any official document by a notary public.

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