Relevant bibliographies by topics / New Brunswick. Court of Chancery

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Academic literature on the topic 'New Brunswick. Court of Chancery'

Author: Grafiati
Published: 1 March 2023
Last updated: 2 March 2023

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Journal articles on the topic "New Brunswick. Court of Chancery"

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Liseitsev, Dmitrii V. "The Commemoration Chancery: New Evidence about a Little-Known Institution in 17th-Century Muscovy – Панихидный приказ." Canadian-American Slavic Studies 52, no. 1 (March 22, 2018): 67–74. http://dx.doi.org/10.1163/22102396-05201001.

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Abstract This article treats one of the least-known administrative institutions in Muscovy in the seventeenth century: the Commemoration Chancery (or Panikhidnyi prikaz). The discovery of previously unknown materials allows us for the first time to consider the timing of, and reasons for, the creation of this chancery. Income and Expenditure Books (Prikhodno-raskhodnye knigi) from the tsar’s Treasury (Kazennyi prikaz) include previously unnoticed references to the Commemoration Chancery, the earliest reference dating to 1616 – a full decade earlier than the previous first mention of the chancery in sources. An analysis of the available records suggests that the Commemoration Chancery during the reign of the first Romanov tsar, Mikhail Fedorovich (1613–1645), was originally an integral part of the Chancery of the Great Court, not a separate entity. This study also suggests that the chancery was set up during the early years of the reign of Tsar Mikhail Fedorovich in order to organize religious commemoration services (panikhidy) for previous Russian rulers, with the evident goal of helping to link the Romanovs to the old dynasty and thereby bolster the new dynasty’s legitimacy on the throne.
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Morrison, Matthew. "Whose privilege is it anyway?" Trusts & Trustees 25, no. 10 (December 1, 2019): 1041–49. http://dx.doi.org/10.1093/tandt/ttz108.

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Abstract The £10 subject access request served by Ashley Dawson-Damer on Taylor Wessing LLP (TW) in August 2014 has already resulted in two substantial hearings in the Chancery Division1, and a two-day trip to the Court of Appeal. It is understood that the case is headed back to the Court of Appeal and that the appeal will be heard at some point in the new year.
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Lobban, Michael. "Preparing for Fusion: Reforming the Nineteenth-Century Court of Chancery, Part II." Law and History Review 22, no. 3 (2004): 565–99. http://dx.doi.org/10.2307/4141689.

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As demonstrated in Part I, the question of Chancery reform before 1827 was much debated in party terms and focused largely on Lord Eldon's shortcomings as a decision-maker. After Eldon's departure, it largely ceased to be a party-political issue, although by 1830 law reform in general was firmly on the political agenda. With Eldon gone, there was much common ground on the outlines of Chancery reform. This can be seen from the plan proposed in the Commons by the conservative Sir Edward Sugden in December 1830. Sugden suggested creating a court of appeal for equity, on which the Lord Chancellor, Master of the Rolls, Chief Baron, and Vice Chancellor would sit. He proposed reforms in the masters' offices, under which they would be paid salaries rather than fees, and he wanted masters to sit in open court, with limited judicial functions. He also advocated retrenchment of sinecures and the removal of payment by fees. These ideas were all echoed in the new reformist Chancellor Brougham's proposals for the court, which he elaborated in the spring of 1831.
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Granja Alonso, Manuel de la. "Uso y abusos señoriales en Castilla durante el siglo XVI: pleito entre el concejo de Villafáfila y el marqués de Távara." Estudios humanísticos. Geografía, historia y arte, no. 21 (February 10, 2021): 85. http://dx.doi.org/10.18002/ehgha.v0i21.6800.

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<span>The Marquis of Tábara, once he acquired Villafáfila manor and appurtenant properties, thought he had a right to use and abuse his new property as he deemed fit. The council and dwellers of the State opposed themselves to this conduct and brought an action against the Marquis before the Court of Chancery at Valladolid. The claimed that their custom and usage be respected as the forrner owners, the Comendadores of the Order of Santiago had done. The Court established thad there was case for the plaintiffs.</span>
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Poirier, Donald. "L'analyse des dossiers judiciaires du Nouveau-Brunswick en matière de protection des personnes âgées." Canadian Journal on Aging / La Revue canadienne du vieillissement 14, S2 (1995): 103–17. http://dx.doi.org/10.1017/s0714980800005626.

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ABSTRACTElder abuse is a social phenomenon which has recently been brought to light. As such it has brought about different legal responses in the Canadian provinces. The Atlantic provinces have all enacted Adult protection legislation modelled on child protection legislation. The author has undertaken a study of New Brunswick legislation in order to evaluate which factors are most important when judges order protective measures. Different materials have been analysed such as New Brunswick court files from 1983 to 1989, cases which have never gone to court collected by nurses and social workers, interviews with social workers, and the normal practice of New Brunswick judges and crown prosecutors. From those data, it was found that two different factors play an important role in the administration of Adult protection legislation. First, the legal representation of the elderly person is the most significant factor influencing the outcome of the case. The other important factor is the legal philosophy espoused by the relevant judges. Judges adopting a liberal philosophy are more critical of that legislation as compared with judges who accept the social intervention philosophy which forms the basis of this legislation.
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Miller, John S., and Cal Ledbetter. "Liberal Arts Faculty as Mediators: The Pulaski County Program." American Review of Politics 7 (January 1, 1987): 74–79. http://dx.doi.org/10.15763/issn.2374-7781.1986.7.0.74-79.

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The effectiveness and efficiency of the justice system is a continuing focus of research, and public attention. Burdened by crowded dockets and demands policy for improved conditions and service, the justice system is examining new operative and management alternatives to traditional adjudication such as court-ordered arbitration, mediation programs and even private sector initiatives for handling disputes. In this paper we discuss the Pulaski County Mediation Program (MPX an innovative alternative to the traditional courtroom resolution 01 disputes in small claims, juvenile, and chancery court. The MP brings together, in a joint program, the needs, facilities, support and strengths of Pulaski County and the human and administrative resources of the University of Arkansas at Little Rock (UALR), College of Liberal Arts.
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Mummé, Claire. "Bhasin v. Hrynew: A New Era for Good Faith in Canadian Employment Law, or Just Tinkering at the Margins?" International Journal of Comparative Labour Law and Industrial Relations 32, Issue 1 (March 1, 2016): 117–29. http://dx.doi.org/10.54648/ijcl2016007.

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In Commonwealth Bank of Australia v. Barker the High Court of Australia refused to impose an implied duty of mutual trust and confidence into the employment contract, reasoning that doing so would take the Court beyond its legitimate authority. Issued two months later, the Supreme Court of Canada went in a different direction. In Bhasin v. Hrynew, the Court crafted a new substantive doctrine of honest contractual performance, based on a newly-recognized central organizing principle of good faith in contract law. A few months later the Court applied the organizing principle of good faith to circumscribe the exercise of an employer’s discretion in Potter v. New Brunswick Legal Aid Services Commission. This article offers an assessment of the potential impact of Bhasin and Potter on the future direction of Canadian employment law.
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Flannigan, Laura. "Litigants in the English “Court of Poor Men's Causes,” or Court of Requests, 1515–25." Law and History Review 38, no. 2 (November 5, 2019): 303–37. http://dx.doi.org/10.1017/s0738248019000440.

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The early-Tudor English government oversaw the rise of various centralised courts offering the king's subjects access to extraordinary justice in their private suits. One such new arena was the ‘Court of Requests’, an early equity or conscience court long overshadowed in histories of the period by the better-known courts of Star Chamber and Chancery. This article analyses the little-studied Requests archives to ask who sued there and when/why the court became associated with specifically poor men's causes. Focusing on the formative decade of ‘popularisation’ between 1515 and 1525, it finds that whilst litigants appear to have been largely from the lower sectors of society compared to their counterparts in the other conciliar courts, most petitioners opted for imprecise, rhetorical and non-static descriptions of their relative poverty – defined not just economically, but also in terms of age, property, and kin – in comparison to their opponents, appealing to the specific interpretation of conscience in Requests. The article thus scrutinises the methodologies we use for uncovering the demography of early-modern central courts, and has implications for understanding litigants' legal strategies, recorded identification as distinct from self-identification, and the theory and practice behind commonly-held ideals about the provision of royal justice for the ‘poor’.
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Daly, Paul. "Dunsmuir’s Flaws Exposed: Recent Decisions on Standard of Review." McGill Law Journal 58, no. 2 (July 31, 2013): 483–507. http://dx.doi.org/10.7202/1017521ar.

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In Dunsmuir v. New Brunswick, the Supreme Court of Canada attempted to clarify and simplify Canadian judicial review doctrine. I argue that the Court got it badly wrong, as evidenced by four of its recent decisions. The cases demonstrate that the new categorical approach is unworkable. A reviewing court cannot apply the categorical approach without reference to something like the much-maligned “pragmatic and functional” analysis factors. The categories regularly come into conflict, in that decisions could perfectly reasonably be assigned to more than one category. When conflict occurs, it must be resolved by reference to some factors external to the categorical approach. The new, single standard of reasonableness is similarly unworkable without reference to external factors. Different types of decision attract different degrees of deference, on the basis of factors that are external to the elegant elucidation of reasonableness offered in Dunsmuir. Clarification and simplicity have thus not been achieved.
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Mirow, M. C. "The Court of Common Pleas of East Florida 1763-1783." Tijdschrift voor rechtsgeschiedenis 85, no. 3-4 (December 14, 2017): 540–76. http://dx.doi.org/10.1163/15718190-08534p06.

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Legal historians have surmised that court records of the British province of East Florida (1763-1783) have been either lost or destroyed. This assumption was based on the poor conditions for survival of documents in Florida and statements made in the secondary literature on the province. Nonetheless, a significant number of documents related to the courts of British East Florida exist in the National Archives (Kew). These materials reveal an active legal culture using English law in a wide range of courts including (1) the Court of Common Pleas; (2) the Court of Chancery; (3) the Court of General Sessions of the Peace, Oyer et Terminer, Assize and General Gaol Delivery; (4) Special Courts of Oyer et Terminer; (5) the Court of Vice-Admiralty; (6) the Court of Ordinary; (7) the General Court; and (8) a District Court. This article studies a portion of the documents related to the Court of Common Pleas to describe the nature of the court’s practice in civil litigation. It closely examines three cases for which sufficient extant pleadings permit the reconstruction of the general contours of recovery for breach of a sales contract through an action of trespass on the case, for contract enforcement through an action of covenant, and for recovery of a sum certain through an action of debt. The small window provided by these cases into the activities of this court reveals a heretofore unknown world of English common law in North America during and after the American Declaration of Independence. This new information supplements and challenges our established understanding of colonial law in North America in the revolutionary period and the use of law in the British Empire. This study illustrates the many opportunities these sources offer to legal historians of the period.
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Dissertations / Theses on the topic "New Brunswick. Court of Chancery"

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Havlíková, Kristýna. "Právo amerických kapitálových společností." Master's thesis, Vysoká škola ekonomická v Praze, 2008. http://www.nusl.cz/ntk/nusl-77018.

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This Master thesis deals with corporations in americam legal system. The theme is described from RMBCA point of view and then there is compared the law of state Delaware with the law of state New York. Preliminary there are described american legal business entities and their czech equivalent structure. The main part of the thesis is attened to the legal form of the corporation, the formation and incorporation, the corporate governance and the financial structure od the corporation. In each section there are relevant precedents of Delaware and New York. Conclusion of the thesis describes the New York courts system, especially explains the function of Court of Chancery.
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Books on the topic "New Brunswick. Court of Chancery"

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Botsford, George. Rules and statutes regulating the practice of the Court of Chancery in this province, now the "Supreme Court in Equity": Also rules made in the Supreme Court since the publication of Allen's rules in 1847. Fredericton: G.E. Fenety, 2003.

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Godin, Paul J. M. New Brunswick court forms. Toronto: Carswell, 1985.

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Chiasson, Basile. Annotations to the New Brunswick rules of the court. Toronto: Carswell, 1989.

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court, New Brunswick Supreme. General rules of the Supreme Court in the province of New-Brunswick. Fredericton, [N.B.]: J. Simpson, 2002.

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1822-1906, Stevens James Gray, New Brunswick Supreme Court, and New Brunswick Election Court, eds. General rules of the Supreme Court of the province of New Brunswick: From Easter term, 25 George III (1875), to Hilary term, 43 Victoria (1880), and of the Election Court under the Dominion controverted elections act of 1874. Toronto ; Edinburgh: Carswell, 1993.

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Lawrence, Joseph Wilson. The judges of New Brunswick and their times. [St. John, N.B.?: s.n., 1995.

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Chiasson, Basile. Annotations to the New Brunswick rules of court =: Annotations aux règles de procédure du Nouveau-Brunswick. Toronto: Carswell, 1989.

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Languages, Canada Office of the Commissioner of Official. Study of the official language obligations of federal crown agents in the province of New Brunswick. [Ottawa]: Office of the Commissioner of Official Languages, 2000.

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1945-, Stern Elizabeth K., Whitehead Mary Beth, Whitehead Richard 1949-, and New Jersey. Superior Court. Chancery Division. Family Part., eds. Baby M case: The complete trial transcripts : Superior Court of New Jersey, Chancery Division, Family Part, Bergen County : transcript of proceedings. Buffalo, N.Y: W.S. Hein Co., 1988.

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New Brunswick. Supreme Court in Equity., ed. Bathurst school case: The judgment of His Honor Mr. Justice Barker, delivered in the Supreme Court in Equity of New Brunswick, 17th March, 1896. St. John, N.B: J. & A. McMillan, 1993.

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Book chapters on the topic "New Brunswick. Court of Chancery"

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Gentles, Ian. "Barebone’s Parliament and the Protectorate, 1653–56." In The New Model Army, 253–78. Yale University Press, 2022. http://dx.doi.org/10.12987/yale/9780300226836.003.0014.

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This chapter begins with a discussion about what form of government should replace the Rump. It debates over how to reshape the sovereign power in the wake of the Long Parliament's demise, arguing on the Old Testament model of the Jewish Sanhedrin. The chapter shifts to discuss the draft constitution under which the assembly was governed. As the chapter explains, the assembly soon acquired the mocking nickname ‘Barebone's Parliament’, after one of its members, Praise-God Barebone. The chapter then reviews the House resolutions for the abolition of the Court of Chancery and the framing of a completely new body of law. It cites several reasons for the failure of the radical agenda in Barebone's Parliament. A careless attitude towards the army's financial welfare, combined with indifference to the army's honour led moderates, with covert support from the army, to pull the plug on Barebone's Parliament. The chapter next explicates the first Protectoral Parliament under the terms of the Instrument of Government. It then presents the two major instances of early military opposition to the Protectorate: the Three Colonels' Petition and the so-called ‘Overton's plot’.
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Kessler, Amalia D. "A Troubled Inheritance." In Inventing American Exceptionalism. Yale University Press, 2017. http://dx.doi.org/10.12987/yale/9780300198072.003.0003.

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Chapter 2 examines New York Chancery, the leading court of equity in the early United States. It argues that as of about 1800, chancery largely followed English equity’s model of quasi-inquisitorial procedure but that by the 1840s the court had embraced the oral, adversarial methods of the common law. New York Chancery’s turn against quasi-inquisitorial procedure was rooted in certain long-standing structural features of the court—most importantly, a disjunction between its quasi-inquisitorial logic (which called for a large, professional staff) and the choice to rely on a very minimal, part-time staff, assisted by lay individuals commissioned on a case-by-case basis. This disjunction created opportunities for lawyers to subvert equity’s quasi-inquisitorial logic by inserting themselves into proceedings that were supposed to be conducted entirely by judicial officers outside the presence of the parties and their counsel. Driven by lawyers’ eagerness to exercise more procedure control, a series of incremental changes occurred—first in proceedings before masters and then in those before examiners— resulting in the near-complete transformation of equity into an oral, adversarial system of procedure. The stage was thus set for the emergence of the Field Code of 1848 and its unified, oral and adversarial model of procedure.
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Okrent, Arika, and Sean O’Neill. "Blame the Printing Press." In Highly Irregular, 116–46. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197539408.003.0004.

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This chapter focuses on the role of the printing press in the standardization of the English language. A few centuries after the Norman conquest, by the end of the 1300s, English was again a written language. However, there was no agreement on the correct way to write or spell to use as a guide. Some standards started to emerge after the Court of Chancery switched to English in about 1430. This loose, emerging standard came to be known as Chancery English. Then, in 1476, a merchant named William Caxton brought an amazing new invention back to England from the continent: the printing press. This happened to take place during the middle of a major shift in English pronunciation. From the 14th century to the 17th century, the vowel system of English underwent a massive reorganization called the Great Vowel Shift. By the time the Great Vowel Shift had spread through most of the country in spoken language, the writing system, aided by the printing press, had solidified into a standard that was taught, propagated, and reinforced constantly.
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Ferguson, Heather L. "The Sovereign State." In The Proper Order of Things, 25–65. Stanford University Press, 2018. http://dx.doi.org/10.11126/stanford/9781503603561.003.0002.

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This chapter demonstrates that qualities once thought to be unique to the Ottoman confederation were of a piece with other imperial strategies to affirm the power of the court amid disparate territorial domains. The chapter builds a basis especially for thinking about the relationship between an expanding bureaucracy, a new set of spatial protocols within an established palatial seat, and the textual habits that extended authority outside the palace confines. It draws on comparisons with the Habsburg court in Spain, addresses the emergence of a hierarchical imperial chancery, and outlines features of the scribal culture that play a key role in the book as a whole. It draws on diverse chroniclers, early kanunname, imperial expenditures, and sultanic edicts in various forms to trace these dynamics between the fifteenth and the seventeenth centuries.
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Strain, Virginia Lee. "Legal Excess in John Donne’s ‘Satyre V’." In Legal Reform in English Renaissance Literature, 98–130. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9781474416290.003.0004.

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Chapter 3 examines John Donne’s ‘Satyre V’, which applies the social and ethical reforming energy of the satiric genre to the need for system-wide legal reform in England. The piece is a tribute to his employer, the Lord Keeper Thomas Egerton, who was lauded for his integrity and commitment to reforming the financially exploitative aspects of legal process, particularly in the Court of Chancery. Central to Donne’s satiric critique of the law is his attack on the excesses within the legal-political system that have been generated by the offences of suitors and legal professionals alike. His analysis is complicated, however, through the evocation of corrective strategies that instrumentalise excess, including equitable reasoning and practices (in Chancery and in statute interpretation), legal and political representation, and secretarial service. Donne exploits and revitalizes traditional legal-political analogies to illuminate the tensions in a system that was forestalled by, but also functioned through, excess. The result is an analogical, rather than metaphysical, style that generates new ethical implications for the Donnean speaker’s characteristic subject position. His in-betweenness emerges here not as a function of individual freedom, but as a function of his new proximity and enlarged responsibilities to others as well as to prevailing social, legal and political forms.
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Symson, Joseph. "[825] To: Mr. Thomas Love, a glover at the Harrow, the Court of Chancery Lane, over against the Temple in Fleet Street, London." In Records of Social and Economic History: New Series, Vol. 34: ‘An Exact and Industrious Tradesman’: The Letter Book of Joseph Symson of Kendal, 1711–1720, edited by S. D. Smith. British Academy, 2002. http://dx.doi.org/10.1093/oseo/instance.00165554.

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Kert, Faye Margaret. "Conclusion." In Prize and Prejudice, 155–58. Liverpool University Press, 1997. http://dx.doi.org/10.5949/liverpool/9780968128817.003.0008.

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When the Treaty of Ghent brought the War of 1812 to an official close on Christmas Eve, 1814, it marked the end of privateering as an international weapon of war. Over the centuries privateering, also known as commerce raiding and guerre de course, had evolved well-understood procedures for seizing prizes and legally securing them through the courts. Seventeenth-century English jurisdictional wrangling had clarified the authority of the High Court of Admiralty and colonial vice-admiralty courts to adjudicate questions of prize. By the early nineteenth century prizemaking had become an accepted weapon in the naval arsenal, while privateering played a vital role in the war against trade. In examining the development of private armed warfare from its earliest known records to its role in Atlantic Canada in the War of 1812, this study has compared the prizemaking role of privateers from New Brunswick and Nova Scotia with that of Royal Navy vessels stationed along the American coast....
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Smith, Lionel. "Equity Is Not a Single Thing." In Philosophical Foundations of the Law of Equity, 144–67. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198817659.003.0008.

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In this chapter, I ask whether it is possible to identify the philosophical foundations of Equity as it was defined by Frederic Maitland: the body of rules and principles that were developed over the centuries by the Court of Chancery. My answer is that there is no single purpose, approach, philosophy, or norm that characterizes Equity so defined. What is characteristic about Equity is a unique manner comprehending the juridical nature of some obligations, which grew out of Equity’s regulation of uses and trusts. This approach reveals three dimensions. First, Equity requires that one who owes such an obligation perform it, if necessary by substitution; there is no option of breaching and paying compensation for loss caused. Secondly, these obligations are understood by Equity in a manner that has the effect of depersonalizing the burden of these obligations. In the civil law tradition and in the common law (in the narrow sense that excludes Equity), an obligation is a bilateral relationship. Equity’s unique philosophy in relation to some obligations turned them into something like property rights and created the office of trusteeship. Finally, Equity understood some obligations not as freestanding particles but as elements of a particular kind of relationship, and this relationship is capable of itself generating new primary obligations. All these elements taken together facilitated the creation of an enduring conceptual toolkit for the juridical apprehension of relationships in which one person acts for and on behalf of another.
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