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Search Results - Magistrate

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A magistrate is a judicial officer; in ancient Rome, the word magistratus denoted one of the highest government officers with judicial and executive powers. Today, in common law systems, a magistrate has limited law enforcement and administration authority. In civil law systems, a magistrate might be a judge in a superior court; the magistrate's court might have jurisdiction over civil cases and criminal cases. A related, but not always equivalent, term is Chief Magistrate, which can (historically) denote political and administrative officers.

In ancient Rome, the word magistratus referred to one of the highest offices of state, and analogous offices in the local authorities such as municipium, which were subordinate only to the legislature of which they generally were members, often even ex officio, and often combined judicial and executive power, together constituting one jurisdiction. In Rome itself, the highest magistrates were members of the so-called cursus honorum -'career of honors'. They held both judicial and executive power within their sphere of responsibility (hence the modern use of the term "magistrate" to denote both judicial and executive officers), and also had the power to issue ius honorarium, or magisterial law. The Praetor (the office was later divided into two, the Urban and Peregrine Praetors) was the highest judge in matters of private law between individual citizens, while the Curule Aediles, who supervised public works in the city, exercised a limited civil jurisdiction in relation to the market.[1] Roman magistrates were not lawyers, but were advised by jurists who were experts in the law.

The term was maintained in most feudal successor states to the western Roman Empire, mainly Germanic kingdoms, especially in city-states, where the term magistrate was also used as an abstract generic term, denoting the highest office, regardless of the formal titles (e.g. Consul, Mayor, Doge), even when that was actually a council. The term "chief magistrate" applied to the highest official, in sovereign entities the head of state and/or head of government.

Under the civil law systems of European countries such as Italy, Spain, Belgium and France, "magistrate" is a generic term which comprises both prosecutors and judges (distinguished as 'standing' versus 'sitting' magistrature). It should be noted that the legal systems of these countries are not identical, and thus show some relevant differences in the judiciary organization.

Showing 1 to 25 of 26 Articles matching 'Magistrate' in related articles.
Pages: 1 | 2 | Next >>

1. Jacques Chirac to Stand Trial on Embezzlement Charges
October 30, 2009

Jacques Chirac (File)A French magistrate has ordered former President Jacques Chirac to stand trial on embezzlement charges dating back to the 1990s, when he was mayor of Paris. The order is unprecedented, and follows several other trials targeting former high-level politicians.Former President Jacques Chirac did not respond directly to news he has been ordered to stand trial, but a statement from his office said he was serene and determined to clear himself.Chirac is charged with embezzlement and breach of trust relating to allegations that 35 people were given fake jobs at Paris city hall be... (read more)

2. Careless Driving Could Soon Result In A Fixed Penalty
August 27, 2009

Recently there has been talk about a proposal which would allow police officers to issue fixed-penalty fines for careless driving. The government believes that by allowing police to issue fixed-penalty notices they will improve road safety because too many drivers at present are getting away with careless driving and not being prosecuted. Currently, careless driving must be proven by a magistrate’s court and the maximum penalty is 9 points and a £5,000 fine. However, these latest plans will allow the police to issue penalty notices on the spot. This could have a significant effect on car ... (read more)

Author: David Wilcox

3. Government Jobs (Sarkari Naukri) vs. Private Jobs in India
August 18, 2009

I know a lot of puzzlement in your brains, which sector I favor government or private. Yes, you are on the right point, this is the time to select where you would like to go. So let's go through the merits and demerits of Government jobs India (Sarkari Naukri) and Private Sector Jobs in India with detail. Merit of Government jobs in India • Job security is far better than private jobs. • Less working hours. • Retirement benefits. • Reputed Position in the society like Judge, Magistrate, Commissioner, Inspectors, Collector etc. Demerits of Government Jobs in India There are a few down... (read more)

Author: pankaj singla

4. 12 Interesting Facts About Divorce Around the World
July 02, 2009

You might think you know the basics of divorce, but not all divorces are created equal. In some countries, divorce is not even legally recognized. Here are some interesting facts about divorce in other cultures. • In ancient Athens, divorce was freely permitted. However, the person seeking divorce has to submit their request to a magistrate who then decided whether the reasons for the request were sufficient. • Malta does not permit divorce under the law of the country. Separation and annulment are permitted under the Civil Code and the Marriage Act respectively. • In Ireland, ... (read more)

Author: Melissa Gordon

5. France Investigating African Money Laundering
May 06, 2009

A French magistrate has decided to investigate claims that three African leaders invested millions of dollars in embezzled funds in property and other goods in France. The three leaders in question are Omar Bongo of Gabon, Denis Sassou-Nguesso of Republic of Congo and Teodoro Obiang of Equatorial Guinea.Gabon President Omar Bongo Ondimba (L) talking to the press at the Elysee Palace in Paris (File 2006)The complaint against the leaders of Gabon, Republic of Congo and Equatorial Guinea was filed by corruption watchdog group Transparency International, last December. It is not the first such c... (read more)

6. Re-Arrest of Activists Sparks Tension in Zimbabwe Government
May 05, 2009

Zimbabwean human rights activist Jestina Mukoko arrives at magistrate's court in Harare, 24 Dec 2008Zimbabwe's unity government is under fresh strain after a judge revoked the bail of 18 opposition activists facing charges of terrorism.The 18 activists, including human rights campaigner Jestina Mukoko, were taken into police custody Tuesday after prosecutors formally indicted them on charges stemming from an alleged plot to overthrow President Robert Mugabe.The MDC party of Prime Minister Morgan Tsvangirai quickly denounced the judge's ruling, saying it threatens the life, health and longevity... (read more)

7. Discover the Secrets to Hiring the Best Divorce Lawyer
March 28, 2009

“Will you take this person to be your life partner” says the magistrate. “I do” you say. Was getting a divorce in your mind when you walked down the aisle or took your place betwixt the magistrate and your best man? Despite the fact that most mates never contemplate divorce, a lot of things can go wrong, and you have no other choice but to exit the relationship to preserve your sanity. At the point of separation, your relationship has already degenerated and you cannot talk to each other sensibly without wanting to leave and not come back. Fortunately, the best divorce lawyers may be just a... (read more)

Author: Joseph Carter

8. Zimbabwe Judge Releases Opposition Leader
February 06, 2009

Tendai Biti holds press conference in Johannesburg, 20 Apr 2008A judge in Zimbabwe has freed a leading opposition leader facing treason charges - a capital crime - saying there were procedural problems with the case.Magistrate Olivia Mariga said it appeared the prosecution was unprepared to proceed with the case against Movement for Democratic Change (MDC) Secretary-General Tendai Biti. She also found there were technical problems with Biti's arrest.The opposition has denied allegations that Biti was organizing a coup and says the case is a political act organized by President Robert Mugabe's ... (read more)

9. Types and Styles of Promotional Products
October 15, 2008

What sort of promotional products and business gifts are appropriate for legal firms? In reality, it depends a great deal on the image that the firm itself wants to present to the outside world – but in general, you don’t expect to see a solicitor handing out foam stress toys in the shape of a magistrate’s gavel. (Now there’s a thought for a firm with a sense of humor, hm?) Legal firms and solicitors face some unique challenges in advertising and marketing their services or products. Promotional products and corporate gifts can offer a very valuable alternative to adverts on the television in ... (read more)

Author: Sourab Pangotra

10. Former Oprah School Matron Pleads Not Guilty to Abuse Charges
July 29, 2008

A former dormitory matron at Oprah Winfrey's South African girls school has pleaded not guilty to charges of abuse.Virginia Makopo stands in dock at start of trial at Sebokeng Magistrate Court, south of Johannesburg, 29 Jul 2008Virginia Makopo is accused of harassing and assaulting minors and soliciting them to perform indecent acts. She appeared in a court in Sebokeng, south of Johannesburg Tuesday.The judge in the case is allowing the teenagers to testify through closed-circuit television so they do not have to face their alleged attacker in court.Winfrey, a U.S. talk show host and billiona... (read more)

11. Gadhafi Seeks Revenge Following Son's Arrest in Switzerland
July 26, 2008

Tensions between Switzerland and Libya are continuing to escalate as Libyan leader Moammar Gadhafi enacts a number of retaliatory measures to protest the recent arrest of his son and wife in Geneva. The son, Hannibal Gadhafi and his wife were arrested July 15 charged with abusing two of their domestic servants. Lisa Schlein reports for VOA from Geneva.Moammar Gadhafi (file photo)Libyan leader Moammar Gadhafi's youngest son, 32-year-old Hannibal, and his pregnant wife Aline were staying in a luxury hotel when they were arrested. A Magistrate in Geneva charged them with inflicting physical in... (read more)

12. Zimbabwe Opposition Figure Charged, Violence Continues
June 19, 2008

Tendai Biti, number two in Zimbabwe's opposition Movement for Democratic Change, was charged Thursday with treason and three other offences in the Harare magistrate's court for which he faces the death penalty. Peta Thornycroft reports from Harare the opposition is facing growing violence ahead of the run-off presidential election June 27.... (read more)

13. Decision on Majestyk Delayed
May 05, 2008

Plans for one of Leeds famous buildings the Majestyk has been delayed due to a Court of Appeal hearing. The outcome of the appeal could determine whether or not the licencing application is accepted. A decision was to be granted on the 7th April by Leeds Magistrate as to whether the application for a gaming licence for the former Majestyk nightclub would be accepted. However a case that has been brought to appeal by the companies, Noble Organisation and Thistle hotels will argue that, “The statutory test to determine the grounds of gaming licenses is being too narrowly interpreted... (read more)

Author: Haley Softie

14. $8.6M Sanction for Discovery Abuse
January 28, 2008

A federal court ordered telecom giant Qualcomm Inc. to pay $8.6 million in sanctions and asked the California state bar to investigate six of its attorneys for ethical violations after finding that it deliberately withheld nearly 50,000 documents from discovery in a patent dispute with rival Broadcom Corp. In her Jan. 7, 2008, order, U.S. Magistrate-Judge Barbara L. Major also ordered Qualcomm and its attorneys to undertake a comprehensive review of discovery failures in the case and develop a case-management protocol that will avoid similar scenarios in future cases. "The Court’s re... (read more)

Author: Robert Ambrogi

15. 'Aussie Taliban' Faces Tough Restrictions After Release From Jail
December 21, 2007

An Australian court has imposed tough restrictions on former Guantanamo detainee David Hicks when he is released from jail next week. A magistrate has approved a request from the police for the restrictions and says he is satisfied that Hicks poses a threat. From Sydney, Phil Mercer reports. The police had applied for restrictions to be placed on David Hicks when he is freed, saying he remains a threat to society. A magistrate agreed Friday and approved the control order on the former kangaroo hunter. Hicks admitted supporting terrorism at a U.S. military court at the Guantanamo Bay navy base... (read more)

16. Chilean Appeals Court Approves Bail for Pinochet Family, Associates
October 07, 2007

A Chilean appeals court has approved bail for members of late dictator General Augusto Pinochet's family and former associates following their arrest Thursday on corruption charges. A three-judge panel Saturday approved another magistrate's earlier decision to free Pinochet's 84-year-old widow (Lucia Hiriart), their five adult children, and 17 former associates. Authorities say the 23 suspects participated in the misuse of funds during Pinochet's dictatorship from 1973 to 1990. Thursday's arrests are related to an investigation into multi-million-dollar accounts the late military ruler held ... (read more)

17. Noriega Lawyers Vow to Challenge Ruling Ordering Noriega's Extradition to France
August 28, 2007

A U.S. judge Monday approved the extradition of former Panamanian dictator Manuel Noriega to face money laundering charges in France. In Miami, VOA's Brian Wagner reports that Noriega's lawyers have vowed to challenge the ruling and press for Noriega to be returned home to Panama when he is released from a U.S. prison next month. The federal judge in Miami agreed to the French request and said he will issue a formal order of extradition for former Panamanian leader Manuel Noriega on Wednesday. The ruling from Magistrate William Turnoff is expected to be forwarded to the U.S. State Department,... (read more)

18. Hollywood Actor Apologizes for 'Obscene' Kiss in India
April 27, 2007

Hollywood movie star Richard Gere apologized Friday for upsetting people when he kissed Bollywood actress Shilpa Shetty at a recent AIDS awareness event. Gere issued a statement, saying it was never his intention to offend the people he called his "friends in India." He also offered his sincere apologies. Gere's message comes one day after a magistrate court in the northern city of Jaipur ordered his arrest, in response to a complaint by a local citizen. The complaint accuses Gere of violating India's strict public obscenity laws. Shetty also has been summoned to appear in court May 5. Ger... (read more)

19. RECENT CASE SHOWS DANGERS OF ELECTRONIC DISCOVERY MISHAPS
April 13, 2007

With practitioners struggling to apply new amendments to the Federal Rules of Civil Procedure dealing with electronically stored information, the recent opinion in In Re NTL, Inc., illustrates the dangers of missteps in electronic discovery. Magistrate Judge Andrew J. Peck administered the harsh sanction of an adverse inference instruction for spoliation of electronic evidence. The problems began in 2002 when Plaintiffs filed a class-action suit against NTL (Old NTL) for securities violations. Attorneys issued “hold memos,” instructing employees not to destroy documents that could be re... (read more)

Author: Doug Groene

20. Zimbabwean Authorities Arrest Dozens More After Failed Protests
September 14, 2006

Authorities in Zimbabwe have arrested dozens more people throughout the country following Wednesday's failed anti-government protests. Police in Harare Thursday arrested people who were milling around several places where members of the Zimbabwe Congress of Trade Unions (ZCTU) had intended to march. The ZCTU says authorities have arrested some 270 union officials and protesters in all. Senior officials from the trade union congress are being arraigned in a Harare magistrate's court Thursday.  Union representatives say the group's president and secretary-general have been severely beaten ... (read more)

21. British Court Orders 4 Terrorist Recruitment Suspects Held in Custody
September 12, 2006

A British magistrate has ordered four suspects linked to activities at suspected terrorism training camps in Britain held in custody for another two weeks. The suspects were among 12 people arrested last week in major raids across south London. Police say Yassin Mutegombwa underwent terror training earlier this year at several training camps in the countryside around the British capital. His brother, Hassan, was charged with fundraising for terrorist activities. Two other men were charged with possessing information that could be useful to someone preparing to commit acts of terrorism. Polic... (read more)

22. Zimbabwe Justice Minister's Trial Finally Under Way
August 09, 2006

The trial of Zimbabwe's justice minister for attempting to obstruct the course of justice finally got under way after a retired magistrate was appointed to preside over the case. Serving magistrates in the province the offense is alleged to have occurred had refused to try the minister citing intimidation.  Justice minister Patrick Chinamasa appeared before retired magistrate Phineas Chipopoteke in Rusape in the Manicaland province. Chinamasa faces charges of trying to persuade the victim of intra party violence to withdraw charges of assault against a fellow ruling Zanu - PF party memb... (read more)

23. Miami Couple Pleads Not Guilty to Spying for Cuba
January 19, 2006

A U.S. professor and his wife, accused of spying for Cuba, have pleaded not guilty in federal court. Carlos and Elsa Alvarez appeared in a Miami, Florida, courtroom Thursday to face charges they spent decades sending information to Cuba about Cuban exiles in the United States. The couple's attorneys say they plan to appeal a federal magistrate's order that they be considered a flight risk and kept in detention until trial.  No trial date has been set. The Alvarezes were charged January ninth with being agents of a foreign power without registering with the U.S. government.  Prosecuto... (read more)

24. South African Court Postpones Thatcher Trial
November 25, 2004

A South African court has postponed the trial of the son of former British Prime Minister Margaret Thatcher until April of next year. Mark Thatcher briefly appeared before a magistrate in Cape Town Thursday, to face charges he violated South Africa's anti-mercenary laws by helping to finance a foiled coup plot in Equatorial Guinea. He was not asked to plead to the charges. The court postponed the start of the trial until April 8 to allow prosecutors more time to complete their investigation. South African prosecutors say Mr. Thatcher, who has lived in South Africa for the past eight years, is ... (read more)

Author: VOA News

25. British Police Detain Man in Connection With Madrid Train Bombings
March 20, 2005

British police have arrested a suspect wanted in Spain in connection with last year's March 11 train bombings in Madrid in which nearly 200 people died. Police identified the man as 39-year-old Spaniard Moutaz Almallah Dabas. They said they were acting on an extradition warrant from Spain when they took him into custody at Slough, west of London. Mr. Almallah Dabas is wanted for alleged terrorist offenses linked to the Madrid train bombings. He is due to appear in London's Bow Street magistrate's court on Monday. On Friday, Spanish police arrested his brother, Mohannad Almallah Dabas, who hold... (read more)

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