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court of honor 1. English law. A feudal court of the manor. 2. English law. A court with jurisdiction to hear complaints concerning either affronts to honor or encroachments in precedence rights, heraldry, or coat-armor. 3. A tribunal of army officers convened to review and punish any dereliction from a code of honor.

court of hustings (has-tingz). 1. English law. A local court with jurisdiction over real and mixed actions, held in the Guildhall of London before the Recorder, the Lord Mayor, and Sheriff (the latter two officials serving as honorary judges). This court dates from before the Conquest. 2. Formerly, a local court in Virginia. - Also termed curia burgi. See HUSTING.

court of impeachment See COURT FOR THE TRIAL OF IMPEACHMENTS.

court of impeachment- See COURT FOR THE TRIAL OF IMPEACHMENTS.

court of inquiry 1. In English law, a court appointed by the monarch to ascertain whether it was proper to use extreme measures against someone who had been court-martialed. 2. Hist. In American law, an agency created under articles of war and vested with the power to investigate the nature of a transaction or accusation of an officer or soldier. 3. In some jurisdictions, a procedure that allows a magistrate to examine witnesses in relation to any offense that the magistrate has a good-faith reason to believe was committed.

court of inquiry- See COURT.

court of instance See trial court.

court of instance- See trial court under COURT.

court of International trade, u.s See UNITED STATES COURT OF INTERNATIONAL TRADE.

court of justice seat See COURT OF THE CHIEF JUSTICE IN EYRE.

court of justiciary, high See HIGH COURT OF JUSTICIARY.

court of king's bench See KING'S BENCH.

court of last resort The court having the authority to handle the final appeal of a case, such as the U.S. Supreme Court.

court of last resort- See COURT.

court of law 1. Broadly, any judicial tribunal that administers the laws of a state or nation. 2. A court that proceeds according to the course of the common law, and that is governed by its rules and principles. Cf. court ofequity.

court of law- See COURT.

court of limited jurisdiction A court with jurisdiction over only certain types of cases, or cases in which the amount in controversy is limited.

court of limited jurisdiction- See COURT.

court of magistrates and freeholders A South Carolina court with criminal jurisdiction over alleged offenses committed by slaves and free persons of color.

court of military appeals See UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES.

court of military review See COURT OF CRIMINAL APPEALS (1).

court of nisi prius See NISI PRIUS.

court of ordinary See probate court.

court of original jurisdiction A court where an action is initiated and first heard.

court of original jurisdiction- See COURT.

court of orphans In Maryland and Pennsylvania, a court that exercised probate jurisdiction.

court of oyer and terminer (oy-ar an[d] tar-ma-nar). 1. An assize court commissioned by the Crown to pass through the counties two or more times a year and hear felonies and treason cases. The judges sat by virtue of several commissions, each of which, strictly speaking, created a separate and distinct court. A judge with an oyer and terminer commission, for example, was allowed to hear only cases of felony and treason; he could not try persons charged with other criminal offenses. But if the judge also carried a commission ofgaol delivery (as most did), he could try all prisoners held in gaol for any offense; in this way most Courts of Oyer and Terminer gathered full criminal jurisdiction. The jurisdiction of the assize courts was taken over by the Crown Court in 1971. See ASSIZE (1); COMMISSION OF OYER AND TERMINER; COMMISSION OF GAOL DEl.IVERY. 2. In some states, a court of higher criminal jurisdiction.

court of peculiars A branch of the Court of Arches that had jurisdiction over the provincial parishes of Canterbury that were exempt from the jurisdiction of the diocesan bishop and responsible to the metropolitan only. The Court of Peculiars was abolished in the 19th century. See COURT OF ARCHES; PECULIAR.

court of petty sessions See magistrate's court under COURT.

court of piepowder See PIEPOWDER COURT.

court of pleas A court of the county palatine of Durham, England having a local common-law jurisdiction. It was abolished in 1873, and its jurisdiction was transferred to the High Court. Also termed Court of Pleas of Durham.

court of policies of Insurance A court that determines in a summary way insurance-policy issues arising between merchants. The Court's jurisdiction extended only to London, and appeal was taken to the Court ofChancery. The Court was abolished in 1863. Also termed Court of Policies of Assurance.

court of private land claims A federal courtin existence from 1891 to 1895 with jurisdiction to hear private parties' claims to public-domain land located in the southwestern part of the United States and deriving from Spanish or Mexican grants.

court of probate 1. A court established in 1857 to receive the testamentary jurisdiction formerly held by the ecclesiastical courts. e In 1873 the Court was merged into the High Court of Justice, where its jurisdiction was exercised by the Probate Divorce and Admiralty (now Family) Division. 2. See probate court under COURT.

court of quarter sessions of the peace See COURT OF GENERAL QUARTER SESSIONS OF THE PEACE.

court of queen's bench See BENCH.

court of record 1. A court that is required to keep a record of its proceedings. The court's records are presumed accurate and cannot be collaterally impeached. See OF RECORD (2). "The distinction that we still draw between 'courts of record' and courts that are 'not of record' takes us back to early times when the king asserts that his own word as all that has taken place in his presence is incontestable. This privilege he communicates to his own special court; its testimony as to ali that is done before it is concluSive. If any question arises as to what happened on a previous occasion, the justices decide this by recording or bearing record (recordantur, portant recordum). Other courts ... may and, upon occasion, must bear record; but their records are not irrefragable .... We easily slip into saying that a court whose record is incontrovertible is a court which has record (habet recordum) or is a court of record, while a court whose record may be disputed has no record (non habet recordum) and is no court of record." 2 Frederick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward 1669 (2d ed. 1899). 2. A court that may fine and imprison people for contempt. "A court of record is, strictly speaking, a court which has power to fine and imprison." Lancelot Feilding Everest, Everest and Strode's Law of Estoppel 13 (1923).

court of record- See COURT.

court of regard A forest court responsible for looking into matters of waste and encroachment onto forest land (i.e.,purpresture). The Court also ensured that the feet of all mastiffs a breed allowed in royal forests as guard dogs within the forest were declawed and cut so as to prevent them from chasing deer

court of requests A royal court whose jurisdiction was mainly civil, though it exercised quasi-criminal jurisdiction in offenses such as riot and forgery. Dating from 1483, the Court of Requests was a part of the Privy Council. It was disbanded in 1641 when Parliament limited the Privy Council's judicial functions. ''The establishment of the court of Requests was due to the large increase in the judicial business of the Council and the Chancery under the Tudors .... It was related both to the judicial side of the Council, which, as we shall see. came, in the course of the Tudor period, to be known as the court of Star Chamber, and to the court of Chancery .... [F]rom the end of Henry VIII's reign onwards, the legal assessors of the court assumed entire control, with the result that it became a court which was quite separate from the court of Star Chamber. These legal assessors were styled Masters of Requests, and from their title the court got its name." 1 William Holdsworth, A History of English Law 412-13 (7th ed. 1956).

court of review See appellate court.

court of review- See appellate court under COURT.

court of session 1. The supreme Scottish civil court. Its jurisdiction corresponds generally to the English High Court of Justice. The Court of Session is divided into Outer House and Inner House. In Outer House, one judge hears cases of first instance. The Outer House's jurisdiction corresponds generally to the English High Court ofJustice. The Outer House has two appellate chambers, the First and Second Division, in which three-judge panels sit. The Inner House's jurisdiction corresponds generally to the English Court of Appeal. The Court of Session also has several Lords Ordinary, who sit individually as trial judges. Also termed Supreme Civil Court in Scotland. 2. In a few states, a court with jurisdiction over criminal cases.

court of shepway The Court of the Lord Warden of the Cinque Ports, exercising civil jurisdiction. The civil jurisdiction of the Cinque Ports was abolished in 1855. See CINQUE PORTS.

court of special jurisdiction See limited court under COURT.

court of special session A court that has no stated term and is not continuous, but is organized only for hearing a particular case.

court of special session- See COURT.

court of star chamber See STAR CHAMBER (1).

court of summary jurisdiction See magistrate's court.

court of summary jurisdiction- See magistrate's court under COURT.

court of swain mote See COURT OF SWEINMOTE.

court of sweinmote (swayn-moht). A medieval forest court with jurisdiction over a variety of matters, esp. the right to graze animals during the summer when deer were fawning .o The forest freeholders (the sweins) made up the jury of the Court. By the 14th century, the Court's jurisdiction had expanded, and it acquired a form similar to the eyre courts. Also spelled Court of Swainmote.

court of teinds See TEIND COURT.

court of the chief justice in eyre An eyre court responsible for trying offenses against the forest laws. The jurisdiction of this Court was similar to that of the Court ofSweinmote. Also termed Court of Justice Seat.

court of the Earl marshal 1. COURT OF THE LORD HIGH CONSTABLE AND EARL MARSHAL. 2. HIGH COURT OF CHIVALRY.

court of the lord high admiral See HIGH COURT OF ADMIRALTY.

court of the Lord high constable and earl marshal A court having jurisdiction over diverse military matters, such as treason, prisoners of war, and disputed coats of arms. The Lord High Constable and the Earl Marshal were the top military officials of the Norman kings. After the office of Lord High Constable was forfeited in 1521, the court continued on as the Court ofthe Earl Marshal, but its jurisdiction was reduced to questions of chivalry only. Cf. HIGH COURT OF CHIVALRY.

court of the lord high steward A court commissioned to try a peer indicted for treason or a felony. The Court met only if the House of Lords was not in session. The Lord High Steward sat as a judge and decided questions of law, and the peers decided facts only. The Court last sat in 1688.

court of the lord High steward of the universities A court convened to try scholars, esp. Oxford or Cambridge students, who have been indicted for treason, felony, or mayhem.

court of the marshalsea (mahr-shal-see). A court that moved about with the king, and had jurisdiction over certain cases arising within 12 miles of the king's residence tan area known as the verge). The Court's steward and marshal acted as judges of the Court, and heard criminal cases and the common pleas of debt, covenant, and certain trespasses. The court's migratory nature made it inconvenient for litigants, and prompted its abolition in 1849. Also termed Court of the Steward and Marshal. Cf. PALACE COURT. "Coke points out that all the Acts passed concerning this court restrained, or explained, but never added to its jurisdiction. He decided, in the Case of the Marshalsea, that it could not try the newer forms of action such as assumpsit and trover. Its once general jurisdiction had passed to the court of King's Bench, and the attitude of that court to the more limited court of the Marshalsea made the court of the Marshalsea almost useless. There were complaints in the seventeenth century of the conduct of its officials; and, as it was obliged to follow the king in his progresses, it was a court extremely inconvenient to use." 1 William Holds· worth, A History of English Law 208 (7th ed. 1956).

court of the official principal See COURT OF ARCHES. court of ordinary. See probate court under COURT.

court of the official principal- See COURT OF ARCHES.

court of the steward and marshal See COURT OF THE MARSHALSEA.

court of the steward of the king's household A court having jurisdiction over criminal cases involving a member of the royal household. This court's jurisdiction was at first limited to acts of violence by the king's servants toward a member of the king's council, but it was later given broader criminal authority. The Court was abolished in 1828.

court of verge 1. See VERGE (1). 2. See VERGE (2).

court of veterans appeals, u.s See UNITED STATES COURT OF VETERANS APPEALS.

court of wards and liveries A court created in 1540 to assert the Crown's right to income from a variety of feudal tenures. The Court's unpopularity led to its abolition in 1660. "[I]nquests of office were more frequently in practice than at present, during the continuance of the military tenures among us: when, upon the death of everyone of the king's tenants, an inquest of office was held, called an inquisitio post mortem, to enquire of what lands he died seised, who was his heir, and of what age, in order to entitle the king to his marriage, wardship, relief, primer-seisin, or other advantages, as the circumstances of the case might turn out. To superintend and regulate these enquiries, the court of wards and liveries was instituted by statute 32 Hen. VIII c. 46 which was abolished at the restoration of king Charles the second, together with the oppressive tenures upon which it was founded." 3 William Blackstone, Commentaries on the Laws of Eng/and 258 (1768).

court ofcompetent jurisdiction A court that has the power and authority to do a particular act; one recognized by law as possessing the right to adjudicate a controversy. Also termed competent court.

court officer See OFFICER OF THE COURT.

court officer See OFFICER OF THE COURT.

court order See ORDER (2).

court papers All documents that a party files with the court, including pleadings, motions, notices, and the like. Often shortened to papers. - Also termed suit papers.

court probation See bench probation under PROBATION.

court recorded See RECORDER.

court recorder A court official who records court activities using electronic recording equipment, usu. for the purpose ofpreparing a verbatim transcript. Cf. COURT REPORTER (1).

court reporter 1. A person who records testimony, stenographically or by electronic or other means, and when requested, prepares a transcript <the deposition could not start until the court reporter arrived>. Also termed (in BrE) official shorthand writer. Cf. court recorder under RECORDER. 2. REPORTER OF DECISIONS.

court roll A record of a manor's tenures; esp., a record of the terms by which the various tenants held their estates. Copyhold tenure, for example, developed from the practice of maintaining court rolls. See COPYHOLD.

court rules Regulations having the force of law and governing practice and procedure in the various courts, such as the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the U.S. Supreme Court Rules, and the Federal Rules of Evidence, as well as any local rules that a court promulgates. Also termed rules of court.

court system The network of courts in a jurisdiction.

court trial See bench trial under TRIAL.

court witness See WITNESS.

court-appointed attorney See assigned counsel under COUNSEL.

court-appointed counsel See assigned counsel.

court-appointed counsel- See assigned counsel under COUNSEL.

court-appointed expert See impartial expert under EXPERT.

court-appointed special advocate A trained volunteer appointed by a court to represent the interests of a child in an abuse or neglectcase. Abbr. CASA. Cf. guardian ad litem under GUARDIAN.

courtesan 1. A court mistress. 2. A loose woman. 3. A prostitute. Also spelled courtezan. Cf. CONCUBINE.

courtesy See CURTESY.

courtesy supervision Oversight ofa parolee by a correctional agency located in a jurisdiction other than where the parolee was sentenced. Courtesy supervision is usu. arranged informally between correctional authorities in cases in which the offense is not serious and the parolee's rehabilitative needs are better served in another jurisdiction.

courthouse See COURT (5).

courthouse steps The figurative location of settlement negotiations that occur shortly before trial commences, regardless ofthe literal location of the negotiations <the parties settled the lawsuit on the courthouse steps>,

court-martial An ad hoc military court convened under military authority to try someone, particularly a member of the armed forces, accused of violating the Uniform Code of Military Justice. PI. courts-martial. court-martial, vb. "[C]ourts-martial are not a part of the federal judicial system, and the procedure in such courts is regulated by the Articles of War, Army Regulations, orders of the President, and military custom." Altmayer v. Sanford, 148 F.2d 161, 162 (5th Cir. 1945).

court-martial order A written order containing the result of a court-martial trial.

court-martial reports A publication containing the opinions of the U.S. Court of Military Appeals and select decisions of the Courts of Military Review. This publication appeared during the years 1951-1975. -Abbr. CMR.

courtoisie internationale See COMITY.

court-ordered arbitration See judicial arbitration.

court-ordered arbitration- See judicial arbitration under ARBITRATION.

court-packing plan A unsuccessful proposal- made in 1937 by President Franklin D. Roosevelt to increase the number of U.S. Supreme Court justices from nine to fifteen. The ostensible purpose of the proposal was to increase the court's efficiency, but President Roosevelt wanted to appoint justices who would not block his administration's New Deal programs.

courtroom The part of a courthouse where trials and hearings take place. Cf. judge's chamber under CHAMBER.

courtroom deputy See DEPUTY.