CLOSE
Original image
istock

12 British Legal Terms Explained

Original image
istock

Does an arched eyebrow beneath a powdered wig set your heart racing? Do the words, "Objection, My Lord!" make you giddy? Although English courtroom dramas keep American fans riveted, some legal terms can be a bit of a muddle, leaving statesiders confused. We hope the testimony herein will set things to rights. (Note: The following explanations apply to England and Wales; Scotland and Northern Ireland have their own court systems.) 

1. SOLICITOR

You know solicitors and barristers are both lawyers, but what's the difference? If you have the idea that solicitors handle the paperwork—wills, contracts, and the like—and barristers do the courtroom work, you're partially right. By far the majority of lawyers are solicitors and, yes, the paperwork bit is correct. They may advocate for clients in the lower courts, and in some instances in higher courts. Nonetheless, in most court cases a client retains a solicitor, who in turn retains a barrister to present the case in court.

All prospective lawyers start on the same educational path: First, a bachelor's degree in law (LL.B.) or, if they read (majored in) another subject at university, a year or two of postgraduate education in law. After that, the paths diverge. Prospective solicitors must take a one-year Legal Practice Course, usually followed by two years' apprenticeship. 

2. BARRISTER

Following graduation, prospective barristers must first apply to join one of the four Inns of Court and then complete the one-year Bar Professional Training Course followed by a year's training in a set of barristers' chambers, known as "pupillage."

The primary function of barristers is to act as advocates, and they may do so in all courts. That said, usually a barrister may only act upon the instructions of a solicitor. Barristers are either Queen's Counsel (also called leaders or leading counsel) or junior barristers.

3. INNS OF COURT

The term “Inns of Court” refers both a set of buildings in central London and to the ancient legal societies based in them. Their origin is cloaked in mystery, but the Inns probably began as hostels for lawyers in the 14th century. Now, every barrister must join one of the four surviving Inns: Gray's Inn, Inner Temple, Lincoln's Inn, and Middle Temple. According to the Oxford Dictionary of British History, the Temple was the London residence of the Knights Templar until their dissolution and was left to lawyers in the mid-14th century.

From an early date, the Inns played an important role in legal education. Although barristers no longer reside at the Inns, their attendance at a number of dinners given by their Inns are a social requirement and guest speakers at the dinners offer a form of continuing education. When new members are considered for a pupillage or an invitation into chambers, the dinners provide an opportunity to assess their compatibility.

4. CHAMBERS

Chambers, in addition to referring to the private office of a judge, can also mean the offices occupied by a barrister or group of barristers. The term is also used for the group of barristers practicing from a set of chambers.

5. QUEEN'S COUNSEL (QC)

In the late 16th century, these were barristers who were appointed to assist the law officers of the crown. During the 18th century, they lost their close connection with the crown and the title became merely a mark of honor for distinguished barristers. Now, a Queen’s Counsel is a senior barrister of at least ten years' practice who is appointed by an independent selection panel as “one of Her Majesty's counsel learned in the law.”

According to a former solicitor, “QCs are sort of higher paid consultants brought in by a junior barrister.” In court, they sit within the bar and wear silk gowns. Thus they are said to “take silk” and are familiarly referred to as “silks.” Junior barristers traditionally wear “stuff” (worsted wool) gowns. If the monarch is a king, silks are known as King's Counsel (KC).

6. CROWN PROSECUTION SERVICE (CPS)

The CPS, which is organized on a regional basis, conducts most criminal prosecutions. The Chief Crown Prosecutor of a region is roughly equivalent to a district attorney in the U.S. 

7. CROWN COURT

The Crown Court has jurisdiction over all criminal cases tried on indictment. It also hears appeals from magistrates' courts.

8. CROWN PROSECUTOR 

A Crown prosecutor is a barrister or solicitor employed by the Crown Prosecution Service.

9. MAGISTRATE 

A magistrate is an unpaid volunteer without formal legal qualifications who serves in a magistrates' court. There are also, however, district judges (formerly called "stipendiary magistrates" and known in slang as “stipes”) in London and other major cities.

10. MAGISTRATES' COURT

A magistrates’ court consists of between two and seven magistrates or a single district judge. The magistrates' courts initiate all criminal prosecutions by considering whether there is sufficient evidence to justify committing the defendant to the Crown Court. Another function of the court is as a court of summary jurisdiction: a criminal court of trial without a jury. Magistrates' courts also have a limited jurisdiction in civil matters relating to debt and matrimonial proceedings.

11. CONSTABLE

All police officers hold the office of constable. 

12. OLD BAILEY

The Old Bailey is London's principal criminal court. The courthouse was first built in 1539, just outside the western wall of the city, next to Newgate Prison. The name comes from “bailey,” the external wall enclosing the outer court of a feudal castle. Reconstructed several times, the building now extends to cover the former site of the prison. Although the court's original jurisdiction included only serious crimes committed in the City of London and Middlesex, in 1972 it became part of the Crown Court with its jurisdiction no longer geographically constricted. Since 1981 it has been part of the Supreme Court. Famous trials conducted at the Old Bailey include those of William Penn (1670), Oscar Wilde (1895), and Peter Sutcliffe, the "Yorkshire Ripper" (1981).

Sources: New Oxford Companion to Law (2009); Gooch & Williams, Dictionary of Law Enforcement (Oxford U. Pr, 2007); Cannon, Dictionary of British History (2013); Oxford English Dictionary Online; Oxford Dictionary of Law (2013). (All sources except the last accessed via the website of Los Angeles Public Library.)

Original image
Galbraith
arrow
This Just In
Little Ross—a Tiny Island in Scotland With a Murderous History—Can Be Yours for $425,000
Original image
Galbraith

Just off Scotland’s southwest coast sits the island of Little Ross. While picturesque, the remote speck of land comes with a tragic backstory: the 1960 murder of a lighthouse keeper, who died at the hands of a colleague. Now, decades after the tragedy made national headlines, the Independent reports that Little Ross is officially on the market and accepting offers over £325,000 (a little under $424,000).

The 29-acre island has a natural harbor, a rocky beach, and a craggy green coastline. There's also a six-bedroom cottage and several ramshackle barns, all of which are included in the purchase. A wind turbine and solar panels provide power (although everyone knows that good ghost stories are best enjoyed by candlelight).

What’s not for sale is the island’s 19th century lighthouse, the scene of lighthouse keeper Hugh Clarke’s 1960 murder. (His assistant, Robert Dickson, was found guilty, and received life imprisonment.)

“Since automation in the late 1960s the lighthouse no longer requires full-time staffing, and only the lighthouse and Sighting Tower are maintained by the Northern Lighthouse Board,” the island's listing states. “It is anticipated that the Northern Lighthouse Board and the purchasers will share the use, and future maintenance of the jetty wall.”

Since Ross Island is only accessible by boat or air, the listing advises that potential buyers be “proficient seamen” (or have access to a helicopter). Fit the bill, and in the market for an unconventional getaway? Check out the pictures below, or visit the island’s listing for more information.

The island of Little Ross, which sits off the Meikle Ross headland on Scotland’s south coast.
Galbraith

The island of Little Ross, which sits off the Meikle Ross headland on Scotland’s south coast.
Galbraith

[h/t Independent]

arrow
Art
100 Street Artists Turned This College Dorm in Paris Into a Graffiti Gallery

This summer, a college dorm in Paris received a colorful—albeit temporary—interior makeover after dozens of graffiti artists joined forces to adorn its walls, ceilings, and floors with collages, murals, and painted designs.

As My Modern Met reports, the artists spent three weeks painting the student residence at the Cité Internationale Universitaire as part of Rehab 2, an urban festival held from June 16 to July 16. The school will soon undergo renovations, so the artworks aren’t long for this world—but luckily for street art fans, pictures of the vibrant graffiti have been posted on social media for our prolonged enjoyment.

Check some of them out below:

[h/t My Modern Met]

SECTIONS

arrow
LIVE SMARTER
More from mental floss studios