Queen's Bench, Court of

Queen's Bench, Court of

▪ British law
also called  (during a kingship) Court Of King's Bench,  

      formerly one of the superior courts of common law in England. Queen's, or King's, Bench was so called because it descended from the English court held coram rege (“before the monarch”) and thus traveled wherever the king went. King's Bench heard cases that concerned the sovereign or cases affecting great persons privileged to be tried only before him. It could also correct the errors and defaults of all other courts, and, after the close of the civil wars of Henry III's reign (1216–72), it mainly tried criminal or quasi-criminal cases. In 1268 it obtained its own chief justice, but only very gradually did it lose its close connections with the king and become a separate court of common law.

      The Court of King's Bench exercised a supreme and general jurisdiction over criminal and civil cases as well as special jurisdiction over the other superior common-law courts until 1830, at which time the Court of Exchequer Chamber became the court of appeal from the three superior common-law courts. King's Bench heard appeals from the Court of King's Bench in Ireland until the end of the 18th century and exercised important jurisdiction over officials and others by means of prerogative writs—e.g., habeas corpus, certiorari, prohibition, and mandamus. By the Judicature Act of 1873 the court was merged in the Queen's Bench Division of the High Court of Justice. The Queen's Bench Division now consists of a chief justice—who is the lord chief justice of England—and 24 judges assigned to the division. Appeals from inferior courts come before a divisional court, composed of two or three judges of the division.

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Universalium. 2010.

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