Justiciar

Counsel ( the traditional spelling Counsel ) is a tenured employee or legal counsel.

  • 2.1 Tasks
  • 2.2 training

History

Sicily

The Norman Kingdom of Sicily was the iustitiarius the highest provincial officials. He was responsible in particular for criminal justice. The Office was established by the Norman kings in 1140 and existed until the annexation to the Spanish Crown in the 15th century.

In the 12th century a magister justitiarius in the Kingdom of Sicily went to, who chaired the Royal Court ( Magna Curia ), and - with the help of assistants - including all cases decided who were the crown reserved. It is conceivable that title and office were also imported from England.

England

In England, the Norman kings taught after the conquest of the office of a General Counsel, who acted as vice-regent. The weakness of the English monarchy in the early 13th century also weakened the powers of the General Counsel. The office was abolished in 1234, from 1258 to 1265 but once again revived.

In medieval England and Scotland was the Chief Justiciar ( later only Justiciar ) roughly equivalent to the present prime minister of the United Kingdom: top minister of the king. The term derives from the medieval Latin, where Justiciarius or Justitiarius man justice or judge means.

In the Kingdom of England, the term Justiciar originally referred to any official in the royal court ( Curia Regis ), and everyone who had a Court and was qualified to act as a judge in the courts of the Shires.

In each Shire was the sheriff of the representatives of the king, the king was the only one to whom one could turn to in order to challenge decisions of the Sheriff. The king, however, was frequently out of the country ( and understood in the first years after the Norman Conquest of England nor the language of his subjects ), so that a Justiciar, regent or lieutenant (from French Lieu tenant, deputy) was appointed to the king in to represent Kingdom, as the sheriff in the Shire did.

The Justiciar was always a high- noble or churchman, he was in his office quickly influential and important, sometimes so powerful that it even became a threat to the king. The last great Justiciar, Hubert de Burgh, 1st Earl of Kent, was released in 1231; his position soon took over the Chancellor ( Chancellor ) as the second in the state hierarchy to the king.

The Office of the Chief Justiciars seems to have existed from the time of King William II, as Ranulf Flambard Justiciar was until the reign of Edward I., the Office of Justiciars was distributed to the three branches into which the royal court was now divided: judge at the Cort of Common Pleas, Judge at the Court of King 's Bench and Barons of the Court of Exchequer.

The best known Justiciars were:

  • Hugh Bigod (1258-1260)
  • Hugh le Despenser (1260-1261)
  • Philip Basset ( 1261 -? )

The title of Justiciar was granted by Henry II to the seneschal of Normandy.

Scotland

In Scotland, were among the early kings of two senior officials - one north of the area, the other for the area south of the Forth - the representative of the king in the case law and the administration. The Office was established in the 12th century under King Alexander I and King David I..

The title of a ' Justiciar ' was then reserved for two or three high officials, the chief - the Justiciar of Scotia - had jurisdiction north of the Forth among themselves. The Justiciar of Lothian and the Justiciar of Galloway ( an office which was not manned at all times ) catered to the south of the kingdom.

The role of the Justiciar led to the current of the Lord Justice - General, the head of the High Court of Justiciary and the Scottish Court and a member of the royal household.

The Duke of Argyll leads the hereditary title of High Justiciar of Argyll, with which, however, do not carry any responsibilities.

Tasks and training in Germany

Tasks

The counsel engaged in government agencies, associations and companies (mostly in the legal department ) with a variety of legal matters. He advises him employer- establishment on all legal issues and created for her legal opinion. Its job is to recognize as a legal consultant legal problems in advance and to develop and implement solutions for this. The aim of this preventive administration of justice is to avoid disputes.

A representative of the employer by his counsel is possible before authorities and inferior courts, like the District Court, Administrative Court, Tax Court, Social Court or Labour Court. Before the District Court and higher courts, the employer of a Counsel must, however, by a postulationsfähige person before the court (eg a lawyer ) that can not be with the employer, represented in a permanent employment or employment relationship is. House counsel is denied professional legal representation due to the prohibition of § 46 para 1 Bundesrechtsanwaltsordnung, perform for their employer before courts and arbitration tribunals.

Tenured judiciaries authority which are legal assessors are postulationsfähig before all courts in the administrative courts, tax courts and social courts, although they are not lawyers (so-called employee who is qualified to be a judge, see, eg, § 67 paragraph 4 Code of Administrative Procedure, § 87. 2 ZPO, § 10 paragraph 4 FamFG ).

Training

For acting as legal advisor is by law no specific training prescribed. In general, it is expected that the candidate is right Assessor or at least an academic degree as a lawyer, corporate lawyer or as a master has acquired (for example, LL.M., Master of Laws ).

However, insofar as the General Counsel acts as general counsel, he must be admitted to the bar in a bar association. From social security reasons, seek counsel often admission as house counsel to, if they meet the criteria.

Lord Chancellor William II of England Edward I of England Court of Common Pleas (England) Exchequer of Pleas Richard fitz Gilbert William Longchamp Hugh le Despencer, 1st Baron le Despencer Henry II of England Alexander I of Scotland David I of Scotland Legal advice Amtsgericht Finance Court (Germany) Employment Tribunal
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