Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Court of Earl Marshal

See HIGH COURT OF CHIVALRY.

Court of the Earl Marshal

See HIGH COURT OF CHIVALRY.

Court of the Lord High Constable and Earl Marshal

Hist. 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 of the Earl Marshal, but its jurisdiction was reduced to questions of chivalry only. Cf. HIGH COURT OF CHIVALRY.

Court of the Marshalsea

Hist. A court that moved about with the king, and had jurisdiction over certain cases arising within 12 miles of the king's residence (an 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 Marahalsea made the court of the Marahalsea 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 Holdsworth, A History of English Law 208 (7th ed. 1956).

Earl Marshal of England

A great officer of state, who historically had jurisdiction over several courts, including the court of chivalry and the court of honor. 0 Under this office is the herald's office, or college of arms. The Earl Marshal was also a judge of the Marshalsea court, now abolished. This office is quite ancient. Since 1672, it has been hereditary in the family of Howards, Dukes of Norfolk. - Often shortened to Earl Marshal.

Marshal

ub. To arrange or rank in order <the brief effectively marshaled the appellant's arguments > .

Marshal of the Queen's Bench

Hist. A custodial officer of the Queen's Bench prison. o The position was abolished by the Queen's Prison Act of 1842 (St. 5 & 6 Vict., ch. 22).

Marshalsea

n. [fr. Law Latin marescallia] Hist. 1. The court or seat of the marshal of the royal household. 2. A debtor's prison in London under the jurisdiction of the Court of Marshalsea. See COURT OF MARSHALSEA.

United States Marshal

A federal official who carries out the orders of a federal court. ( U.S. Marshals are employees of the executive branch of government.

marshaling assets, rule of

See RULE OF MARSHALING ASSETS.

marshaling doctrine

The principle that, when a senior creditor has recourse to two or more funds to satisfy its debt, and a junior creditor has recourse to only one fund to satisfy its debt, the senior creditor must satisfy its debt out of the funds in which the junior creditor has no interest.

marshaling the evidence

1. Arranging all of a party's evidence in the order that it will be presented at trial. 2. The practice of formulating a jury charge so that it arranges the evidence to give more credence to a particular interpretation.

provost marshal

Military law. A staff officer who supervises a command's military police and advises the commander.

rule of marshaling assets

An equitable doctrine that requires a senior creditor, having two or more funds to satisfy its debt, to first dispose of the fund not available to a junior creditor. ( It prevents the inequity that would result if the senior creditor could choose to satisfy its debt out of the only fund available to the junior creditor and thereby exclude the junior creditor from any satisfaction. - Also termed rule of marshaling securities; rule of marshaling remedies.

rule of marshaling liens

See INVERSE-ORDEROF-ALIENATION DOCTRINE.

rule of marshaling remedies

See RULE OF MARSHALING ASSETS.

rule of marshaling securities

See RULE OF MARSHALING ASSETS.

super statuto facto pour seneschal et marshal de roy

n. [Law Latin] Hist. A writ to restrain the court of the Marshalsea from interfering in matters outside the court's jurisdiction.

vice-marshal

An officer appointed to assist the earl marshal. See EARL MARSHAL.