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Word of the Week - Monday 20th June 2011

Word of the Week
Monday 20th June 2011 – Judge
This week's Word of the Week is 'Judge'
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge conducts the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the parties of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.

Symbols of Office

A variety of traditions have become associated with the rank or occupation.
In many parts of the world, judges wear long robes (usually in black or red) and sit on an elevated platform during trials (known as the bench).

In some countries, especially in the Commonwealth of Nations, judges sometimes wear wigs. The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to a barrister's wig would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts.[1]

American judges frequently wear black robes. American judges have ceremonial gavels, although American judges have court deputies or bailiffs and "contempt of court" power as their main devices to maintain decorum in the courtroom. However, in some Western states, like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts, such as the Maryland Court of Appeals wear distinct dress.

In Italy both judges and lawyers wear particular black robes.

In the People's Republic of China, judges wore regular street clothes until 1984, when they began to wear military-style uniforms, which were intended to demonstrate authority. These uniforms were replaced in 2000 by black robes similar to those worn in the rest of the world.[citation needed]
In Oman, the judge wears a long stripe (Red, Green White), while the attorneys wear the black gown.”

-          Wikipedia

Word of the Week - Monday 13th June 2011



Monday 13th June 2011 – Lawyer
This week's Word of the Week is 'Lawyer'
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law."[1] Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver justice. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who retain (i.e., hire) lawyers to perform legal services.

The role of the lawyer varies significantly across legal jurisdictions, and so it can be treated here in only the most general terms.[2][3] More information is available in country-specific articles (see below).

Terminology

In practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer; as a result, the meaning of the term "lawyer" may vary from place to place.[4]

  • In Australia the word "lawyer" is used to refer to both barristers and solicitors (whether in private practice or practicing as corporate in-house counsel).
  • In Canada, the word "lawyer" only refers to individuals who have been called to the bar or have qualified as civil law notaries in the province of Quebec. Common law lawyers in Canada may also be known as "barristers and solicitors", but should not be referred to as "attorneys", since that term has a different meaning in Canadian usage. However, in Quebec, civil law advocates (or avocats in French) often call themselves "attorney" and sometimes "barrister and solicitor".
  • In England and Wales, "lawyer" is used loosely to refer to a broad variety of law-trained persons. It includes practitioners such as barristers, solicitors, legal executives and licensed conveyances, ; and people who are involved with the law but do not practice it on behalf of individual clients, such as judges, court clerks, and drafters of legislation.
  • In India, the term "lawyer" is often colloquially used, but the official term is "advocate" as prescribed under the Advocates Act, 1961.[5]
  • In Scotland, the word "lawyer" refers to a more specific group of legally trained people. It specifically includes advocates and solicitors. In a generic sense, it may also include judges and law-trained support staff.
  • In the United States, the term generally refers to attorneys who may practice law; it is never used to refer to patent agents[6] or paralegals.[7]
  • Other nations tend to have comparable terms for the analogous concept. “
-          Wikipedia

Word of the Week - Monday 6th June 2011

Word of the Week
Monday 6th June 2011 – Minor
This week's Word of the Week is 'Minor'
The term minor is used to refer to a person under a certain age, the age of majority, which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 16, 18, or 21.

The concept of a minor is not sharply defined in most jurisdictions. The ages of criminal responsibility and consent, the age at which attendance at school ceases to be obligatory, the age at which legally binding contracts can be entered into, and so on, may all be different.

In Japan, Taiwan, and South Korea, a minor is a person under 20 years of age. In New Zealand law, a minor is a person under 20 years of age as well, but most of the rights of adulthood are assumed at lower ages: for example, entering into contracts and having a will are legally possible at 15.

In many countries, including Australia, India, Philippines, United Kingdom, Brazil, Croatia and Colombia, a minor is defined as a person under the age of 18. In the United States, where the age of majority is set by the individual states, minor usually refers to someone under the age of 18, but can be used in certain areas (such as gambling, gun ownership and the consuming of alcohol) to define someone under the age of 21.

In the criminal justice system in some places, "minor" is not entirely consistent, as a minor may be tried and punished for a crime either as a juvenile or, usually only for "extremely serious crimes" such as murder, as an adult.”

-          Wikipedia

You Know You're A Law Student When...

Busy Law Student
I recently discovered a Facebook group known as ‘You Know You’re A Law Student When...’ and found quite a few funny comments which I have decided to share with my readers. All credit goes to Sanjog Sahu and the ‘You Know You’re A Law Student When...’ Facebook group.

You know you’re a Law Student when...
You consider dropping out of law school approximately every hour, but after that first semester you realized you were already in too much debt to be anything other than a lawyer.

You can name without hesitation at least three people who make you want to throw things when you see them raise their hands in class.

Sometimes during disagreements you are tempted to 12(6)(b) the offending friend or family member.

You can’t remember if you decided to come to law school because you wanted to help people and make a difference in the world or because you hate yourself.

You’re ready to strangle the next friend or relative to say jokingly "good thing you’re studying law I may need your help one day”

When someone is expressing their frustration or anger about something that is in any way related to the law, you can’t be sympathetic because you’re too busy figuring out in your head if they have a cause of action.

You hear about the death of an elderly friend or relative and wonder if they died intestate.

You never answer a question without saying "well, that depends on the specific facts of the case..."

You have considered naming your future children A, B and C to simplify conveyances of property...

You are tempted to kill the next person who asks you what area of law you plan to focus on…

You’ve argued over a semicolon…

You have been asked for legal advice by people who foolishly assume that subjects stay in your head after the invigilator collects your exam paper

You refer to well-known judges as if they were old friends

You have considered changing career paths to hot dog vendor, stilt walker, or career alcoholic

You find that 50% of medics treat you worse than something on the sole of their shoes
If you can think of any other ‘You know you’re a Law Student when...’ jokes or comments, then please feel free to post them below!

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