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Encyclopedia > Officer of the court

The generic term Officer of the court applies to all those who, in some degree in function of their professional or similar qualifications, have a legal part -and hence legal and deontological obligations- in the complex functioning of the judicial system as a whole, in order to forge justice out of the application of the law and the simultaneous pursuit of the legitimate interests of all parties and the general good of society. In moral philosophy, deontology is the view that morality either forbids or permits actions, which is done through moral norms. ...


They can be divided into the following functional groups; in most case various synonyms and parallels exist as well as a plethora of operational variations, depending on the jurisdiction and the changes in relevant legislation:

Contents


Court proper

Foremost those who make the decisions that determine the course of justice and its outcome:

In addition the following professionals (without such discretionary powers): A judge or justice is an official who presides over a court. ... Arbitration, in the law, is a form of alternative dispute resolution — specifically, a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution. ... A jury is a sworn body of persons convened to render a rational, impartial verdict and a finding of fact on a legal question officially submitted to them, or to set a penalty or judgment in a jury trial of a court of law. ... The examples and perspective in this article or section may not represent a worldwide view. ... The examples and perspective in this article or section may not represent a worldwide view. ...

A court clerk or clerk of the court is an occupation whose responsibilities include maintaining the records of a court. ... A Bailiff in a United States courtroom Bailiff (from Late Latin bajulivus, adjectival form of bajulus) is a governor or custodian (cf. ... Service of process is the term given to legal notice of a court or administrative bodys exercise of its jurisdiction over a person (defendant etc. ...

Investigation and expertise

These are, like the accidental witness, though not in chief of accidental access to relevant information but through their skills, experience and equipment, used to provide information to the actual decision makers above

A coroner is either the presiding officer of a special court, a medical officer or an officer of law responsible for investigating deaths, particularly those happening under unusual circumstances. ... Amicus curiae (Latin, plural amici curiae) is defined as, A friend of the court. ... Marshall is the name of several places in the United States of America: Marshall, Alaska Marshall, Arkansas Marshall, Illinois Marshall, Indiana Marshall, Michigan Marshall, Minnesota Marshall, Missouri Marshall, Oklahoma Marshall, North Carolina Marshall, Texas Marshall, Virginia Marshall, Wisconsin Marshall, Dane County, Wisconsin Marshall, Richland County, Wisconsin Marshall, Rusk County, Wisconsin... Sheriff is both a political and a legal office held under English common law, Scots law or U.S. common law, or the person who holds such office. ... A constable is a person holding a particular office, most commonly in law enforcement. ...

Services to the parties

An attorney is someone who represents someone else in the transaction of business: For attorney-at-law, see lawyer, solicitor, barrister or civil law notary. ... A barrister (advocate in Scotland and the Channel Islands, barrister-at-law in England, Wales, Ireland, and elsewhere) is a lawyer found in most Common law jurisdictions who principally, but not exclusively, represents litigants as their advocate before the courts of that jurisdiction. ... A bail bondsman is any person or corporation which will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court. ...

Sources and References

  • Law.com
  • Publications bibliography

  Results from FactBites:
 
MDAA - From the Courts (245 words)
A court officer who specifically questioned a defendant regarding the crime for which she was charged, violated the defendant's Sixth Amendment right to assistance of counsel.
While a court officer was escorting the defendant back to the holding area after the defendant's arraignment, the defendant made comments about how she hoped her son would forgive her for what she did.
The Court concluded that for purposes of Sixth Amendment analysis, the court officer is viewed as an agent of law enforcement.
Sheriff officer - Wikipedia, the free encyclopedia (240 words)
The jurisdiction of a sheriff officer is limited to the area of their commission (the relevant sheriffdom or Sheriff Court district), unlike messengers-at-arms (the equivalent officers of the Court of Session, who have jurisdiction throughout Scotland).
The office of sheriff officer is thought to be one of the oldest in the Scottish legal system, and may derive from the pre-feudal office of mair (an official who attended a sheriff for arrestment or executions).
The office of sheriff officer is scheduled to disappear when the Bankruptcy and Diligence etc (Scotland) Bill is passed as an Act of the Scottish Parliament in 2006, as will the parallel office of messenger-at-arms.
  More results at FactBites »


 

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