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Encyclopedia > Justice of Peace

A Justice of the Peace (JP) is a magistrate appointed by a commission to keep the peace, dispense summary justice and deal with local administrative applications in common law jurisdictions. Justices of the Peace are appointed from the citizens of the jurisidiction in which they serve, and are (or were) usually not required to have a formal legal education in order to qualify for the office. A magistrate is a judicial officer with limited authority to administer and enforce the law. ... In law a commission is a patent which allows a person to take possession of a state office and carry out official acts and duties. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...

Contents

History

In 1195, Richard I ("the Lionheart") of England commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King for ensuring that the law was upheld, and preserved the "King's Peace," and were known as Keepers of the Peace. Events Priory of St Marys, Bushmead, founded. ... Richard I (September 8, 1157 – April 6, 1199) was King of England from 1189 to 1199. ... Royal motto: Dieu et mon droit (French: God and my right) Englands location within the UK Official language English de facto Capital London de facto Largest city London Area  - Total Ranked 1st UK 130,395 km² Population  - Total (2001)  - Density Ranked 1st UK 49,138,831 377/km² Religion... A silver statue of an armoured knight, created as a trophy in 1850 For the chess piece, see knight (chess). ... In English law, the Queens peace (or Kings peace, when a male is on the throne) is the peaceful, violence-free state that the realm should endure in at all times. ...


The title "Justices of the Peace" derives from 1361, in the reign of King Edward III. An Act of 1327 had referred to "good and lawful men" to be appointed in every county in the land to "guard the peace." The "peace" to be guarded is the "King's peace" or (currently) Queen's peace, the maintenance of which is the duty of the Crown under the royal prerogative. Justices of the Peace still use the power conferred or re-conferred on them in 1361 to bind over unruly persons "to be of good behaviour." The bind over is not a punishment, but a preventive measure, intended to ensure that people thought likely to offend will not do so. Events Founding of the University of Pavia, Italy. ... Edward III (13 November 1312 – 21 June 1377) was one of the most successful English kings of medieval times. ... Events January 25 - Edward III becomes King of England. ... In English law, the Queens peace (or Kings peace, when a male is on the throne) is the peaceful, violence-free state that the realm should endure in at all times. ... For usages of The Crown in the Polish-Lithuanian Commonwealth, see Crown of the Polish Kingdom. ... This article or section should include material from Royal Perogative. ...


Until the introduction of elected county councils in the 19th Century, J.P.s, in Quarter Sessions, also administered the county at a local level. They fixed wages, built and controlled roads and bridges, and undertook to provide and supervise locally those services mandated by the Crown and Parliament for the welfare of the county. In the British Isles, a county council is a council that governs a county. ... Historically, the Courts of Quarter Sessions, or Quarter Sessions, were periodic courts held in each county and county borough in England and Wales until 1972, when together with the Assizes courts they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court of England and...


Being an unpaid office, undertaken more for the sake of renown and to confirm the justice's standing within the community, the justice was typically a member of the gentry. The justice of the peace conducted arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws. Towns and boroughs with enough burdensome judicial business that could not find volunteers for the unpaid role of justice of the peace had to petition the Crown for authority to hire a paid stipendiary magistrate. The gentry refers to a social class of landowners. ... Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ... Misdemeanors are lesser criminal acts which are generally punished less severely than felonies; but more so than infractions. ... An infraction (minor offense, minor violation, petty offense) is a petty crime, considered to be less serious than a misdemeanor. ... Ordinance can mean: That which is ordained or decreed by fate or a deity such as Dharma of Buddism A law made by a non-sovereign body such as a city council or a colony. ... A Bylaw (sometimes also seen as By-Law or ByLaw) is a rule governing the internal management of an organization, such as a business corporation. ...


England and Wales

Justices of the Peace today remain the bedrock of the magistracy. Summary justice is dispensed by a bench of (usually three) J.P.s, who are advised on points of law by a legally-qualified clerk. In many towns there are also stipendiary magistrates (a.k.a. "stipes"), now known as District Judges (Magistrates' Courts).


Magistrates' courts today can deal with minor offences (fines of up to £5,000 and imprisonment of up to six months) and handle over 95% of the criminal cases in the UK. With more serious offences, magistrates are responsible for indictment and committal to the Crown Court (a task in former times dealt with by a grand jury). Magistrates also deal with minor civil matters, such as licensing applications, although these functions may be removed from them under changes to the licensing laws currently proposed by the Government. See also Magistrate's court. In the common law legal system, an indictment is a formal charge of having committed a serious criminal offense. ... Role Her Majestys Crown Court is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Supreme Court of Judicature in England and Wales. ... A grand jury is a type of common law jury; responsible for investigating alleged crimes, examining evidence, and issuing indictments. ... A magistrates court or petty sessions is the lowest kind of court in England and Wales and other common law jurisdictions. ...


Australia

A Justice of the Peace in most Australian states is someone of good stature in the community who is authorized to witness and sign statutory declarations and affidavits. An affidavit is a formal sworn statement of fact, written down, signed, and witnessed (as to the veracity of the signature) by a taker of oaths, such as a notary public. ...


In the state of Queensland, a "Justice of the Peace (Qualified)" has the additional powers to issue search warrants, and (in conjunction with another Justice of the Peace (Qualified)) constitute a magistrates' court and exercise powers to remand defendants in custody, grant bail, and adjourn court hearings. Motto: Audax at Fidelis (Bold but Faithful) Nickname: Sunshine State/Smart State Other Australian states and territories Capital Brisbane Government Governor Premier Const. ...


Interestingly, a great number of pharmacists are Justices of the Peace, which is useful in certain situations. Pharmacists are health professionals who practice pharmacy. ...


Hong Kong

In Hong Kong, Justices of the Peace are essentially titles of honour given by the Government to community leaders, and to certain officials while they are in their terms of offices. They have no judicial functions, and their main duties include visiting prisons, [1] (http://www.info.gov.hk/jp/eng/main_g.htm) and administering statutory declarations.


Malaysia

In Malaysia, Justices of the Peace have largely been replaced in magistrates' courts by legally-qualified (first-class) stipendiary magistrates. However, state governments continue to appoint Justices of the Peace as honours. In 2004 some associations of Justices of the Peace pressed the federal government to allow Justices of the Peace to sit as second-class magistrates in order to reduce the backlog of cases in the courts. 2004 is a leap year starting on Thursday of the Gregorian calendar. ...


United States

In some U.S. states, the Justice of the Peace is a judge of a court of limited jurisdiction. A U.S. state is any one of the 50 states (four of which officially favor the term commonwealth) which, together with the District of Columbia, form the United States of America. ... A judge or justice is an appointed or elected official who presides over a court. ... This article is about courts of law. ... The term jurisdiction has more than one sense. ...


The justice of the peace typically presides over a court that hears misdemeanor cases and other small cases of police infractions. The justice of the peace may also have authority over cases involving small debts, landlord and tenant disputes, or other small claims court proceedings. Proceedings before the Justice of the Peace are often faster and less formal than the proceedings in other courts. In some jurisdictions a party convicted or found liable before the Justice of the Peace may have the right to a trial de novo before the judge of a higher court rather than an appeal strictly considered. At least in popular fiction, the Justice of the Peace is the judge to whom parties seeking a quick and informal civil marriage can repair. Misdemeanors are lesser criminal acts which are generally punished less severely than felonies; but more so than infractions. ... Debt is that which is owed. ... A landlord is the owner of a house, apartment, condominium, or land which is rented or leased to an individual or business, who is called the tenant. ... A tenant (from the Latin tenere, to hold), in legal contexts, holds real property by some form of title from a landlord. ... In the law of the United States, many U.S. states have established small claims courts. ... In law, the expression trial de novo literally means new trial. It is most often used in certain legal systems that provide for one form of trial, then another if a party remains unsatisfied with the decision. ... This article is about the legal term. ... Marriage is a relationship and bond, most commonly between a man and a woman, that plays a key role in the definition of many families. ...


In many states the office of Justice of the Peace has been abolished or transferred to another court, such as the magistrate court. A magistrate is a judicial officer with limited authority to administer and enforce the law. ...


  Results from FactBites:
 
Justices of the Peace (693 words)
A justice of the peace signing an acknowledgment or jurat on any document or instrument shall type, print, or stamp the name of the justice of the peace and state the expiration date of his or her commission on the document or instrument.
The fee is based upon the amount that the justice of the peace feels is sufficient payment for his services.
The justice of the peace is also entitled to.20/mile when traveling to swear in witnesses.
  More results at FactBites »


 

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