When was judicial attire first specified in England (or the United Kingdom)? To many (if not most) of those not involved in legal matters, court dress may seem a bit absurd. Wigs, especially seem out of place in modern society. It is obvious that the judicial costume must date back quite some time. I've never quite understood when this happened. When was court dress first standardized in England (or the United Kingdom, depending on the era)?
The origins aren't known exactly, as it turns out. Court dress goes back quite some time. Edward III - living up to the example of Edward I, and his legal improvements - was not the first to mandate that judges wear appropriate attire, but it became established during his reign. Judges of importance wore robes lined with fur and silk. Their attire also included a hood and cowl, as well as a mantle. Colors varied, with violet being the color of choice in the winter green in the summer. In medieval times, the coif, a white cap, was used by monks. Skullcaps (in black) were adopted later on, but wigs became the head covering of choice in the late 17th and early 18th centuries, largely because they became part of the formal clothing worn at the time - not just inside courtrooms. References: Court and Tribunals Judiciary Wigs, Coifs, and Other Idiosyncrasies of English Judicial Attire
If you say something twice, eventually they’ll be in conflict Law codes are vast. They deal with many things and sometimes, as here, they deal with the same thing twice. If they duplicated themselves, rather than cross-referencing, every time the law was changed, every single instance would have to be tracked down and changed. Admittedly, that is not as big a problem with digital codes (but still not infallible and definitely time-consuming) but when these would have to be found by hand, it was damn near impossible. Written this way, change it once and it’s changed everywhere. My first boss taught me that. The fired was engineering rather than law but the principle is the same.
england-and-wales &quot;Lead defendant&quot; is not used, unless colloquially by some, but a comparable term would be &quot;principal defendant&quot; which is more than mere style as it becomes important when establishing the hierarchy of defendants for, say, culpability and at sentencing (i.e. it has some legal implications). It could also relate to the first-named on the indictment (see rule 3.32(1)(b)(ii) Criminal Procedure Rules 2020) and often this is the principal, but the prosecutor has discretion on the order of names on the indictment, because: It is important to bear in mind that defendants are called to give evidence in the order in which their names appear on the indictment. This means that a tactical decision may need to be made as to the order of defendants on the indictment, bearing in mind the evidence and the nature of the case. Source Although tagged united-states, I have followed the guidance from the LawSE Help Centre: &quot;Even if you supply a jurisdiction tag, we expect and encourage answers dealing with other jurisdictions ... please tag your answer using the tag markdown: [tag: some-tag]&quot;
Does this create precedent? NO This was a Crown Court case, only the Supreme Court and the Court of Appeal can set precedent which it did with similar circumstances in R v Hill 1989
Judicial appointments in England and Wales (plus courts that cover the whole of the UK) are made by the Judicial Appointments Commission. This was set up in 2006 to improve the separation of powers in the UK, removing the ability of a government to select sympathetic judges. The committee comprises ...the judiciary, the legal profession, non-legally qualified judicial office holders and the public. So it could be said that judges in the UK are to some extent self-selecting, but the commission responsible also has members who are not judges.
The question should not include France and Germany, and should be limited to common law jurisdictions that are similar to India, because the function of judges differs starkly between adversarial vs. inquisitorial systems. The adversarial model pits two parties against each other, with the judge serving as the decider (of law, and perhaps of fact). The parties can offer witnesses, who can be compelled to respond to questions, and the attorney asking the question gets to control the question asked (subject to a possible objection by the other party, to be ruled on by the judge). The judge can rule on requests (which are not questions) i.e. petitions by either party. Otherwise, the judge sits there more or less mute, soaking up the argumentation being presented. Appellate proceedings are somewhat special in that the justices may address questions to the attorney, in order to better understand the logic of the proffered argument. The burden is on the attorney to make the case. There is no direct burden on the justice to &quot;make a case&quot;. The &quot;court of public opinion&quot; may be relevant in a jurisdiction where the justice is an elected office or is appointed for limited time. Or, the contrary opinion of a higher court may have some influence on a justice's rulings – this is not the case with a Supreme Court. In other words, it would be highly dysfunctional within the adversarial system for a party to be allowed to interrogate a judge. Formal petitions are allowed, as long as you follow proper form.
The Louisiana Civil Code of 1870 (it was revised between 1868-1869, but enacted in 1870) applied specifically to civil cases (i.e. disputes between private parties); it's organized by topic area, and is there to keep people from having to comb through every law ever passed that has to do with civil cases. The Revised Statutes of 1870 gathered all the laws of "general character" into one place, for the same reason. The difference between the two was almost certainly an error. In general, there is one official version of the law; other versions are a convenience. The official version normally defaults to the individual laws passed by the legislature (which are organized by date, not by anything useful for finding relevant laws), but that can be changed by statute. In this case, the Revised Statutes contains section 3990, which says in so far as there may be any conflict between the provisions of this act and any provision of the said Revised Civil Code and Code of Practice, that said Code shall be held and taken as the law governing So, the Civil Code took precedence. Your revisions of 1876 and 1882 were not successor laws; rather, they were compilations of the Revised Statutes and Civil Code of 1870 with the amendments to those that had since been passed. The Revised Statutes from 1876 were really the Revised Statutes of 1870, modified by later laws (that didn't touch the divorce provisions). Likewise, the Civil Code from 1882 was really the Revised Civil Code of 1870, modified by later laws. The Civil Code of 1870 still took precedence over the Revised Statutes of 1870, so the divorce provisions of the Civil Code were authoritative.
There are two legal jurisdictions in the Channel Islands, the Bailiwick of Guernsey and the Bailiwick of Jersey. The law in Guernsey differs from the law in the UK partly because the Common Law developed differently (more Norman influence on Guernsey than on England) and partly because Guernsey and the UK have different legislatures and so pass different laws. Until recently the UK was a member of an organisation based in Belgium and Luxembourg called the European Union which has its own legal system and courts and which requires member states to enact identical legislation in certain matters including, in particular, employment law. Although the UK is no longer a member of the EU most of its employment laws remain as they were in the EU-era. By contrast Guernsey has never been a member of the EU. So this is an additional reason for differences in laws. Generally the parties to a contract can stipulate what law governs the contract and which country's courts have jurisdiction. For example a contract between a Guernsey company and an individual resident in England could be stipulated to be governed by the laws of France and subject to the jurisdiction of the courts of Barbados (this particular example is highly unlikely but I am just illustrating the principle). If the contract does not stipulate the law (or the contract is unwritten) then there are default rules which determine which jurisdiction's laws apply. However, that said, most countries, including England and Wales, have some &quot;mandatory&quot; employment laws. These are laws which apply to everyone employed in England (or Wales) even if England/Wales does not generally cover the contract of employment. Mandatory laws typically cover such things as minimum pay rates, rest periods, minimum paid holiday entitlement, protection from unfair dismissal etc. So some employment laws in England and Wales apply to everyone working in England and Wales whilst some other aspects of the employment relationship are governed by the law of the contract - which might be England and Wales or might be some other system of law.