Judges who held court in Westminster instead of traveling with the eyre were known as Justiciarii residentes, or “resident justices.” This term comes from Latin and was used in the past to refer to a specific group of judges.
During the medieval period, there were resident justices known as justiciarii residentes who held court in Westminster instead of traveling with the eyre. These justices were appointed by the king to oversee legal matters in Westminster and had the responsibility of hearing cases and making judgements. One notable example of a justiciarius residentes is Sir William Gascoigne, who famously stood up to King Henry V and refused to let him interfere in a court case. This example highlights the role of justiciarii residentes in hearing legal cases and making impartial judgements in Westminster, as well as the independence and authority they possessed.
Justiciarii Residentes refers to the legal principle that requires judges to reside within the jurisdiction in which they preside over cases.
Justiciarii Residentes ensures that judges have a better understanding of the local community, its customs, and its legal issues, leading to fairer and more informed decisions.
Yes, there can be exceptions in certain circumstances, such as when there is a shortage of qualified judges within the jurisdiction or for specialized cases that require specific expertise.
If a judge fails to comply with the Justiciarii Residentes requirement, their decisions may be challenged on the grounds of bias or lack of understanding of local issues.
In most cases, judges are not forced to move to the jurisdiction they preside over. However, they are expected to have a deep understanding of the local community and its legal landscape.
Justiciarii Residentes typically applies to judges in lower courts, such as district or county courts. Higher-level judges, such as appellate or supreme court judges, may have different residency requirements.
In some cases, a judge may be disqualified from a case if they do not meet the Justiciarii Residentes requirement. However, this would depend on the specific laws and regulations of the jurisdiction.
The enforcement of the Justiciarii Residentes principle varies by jurisdiction. It may be monitored by judicial oversight bodies or through challenges raised by parties involved in a case.
Temporary absences from the jurisdiction may be allowed, but judges are generally expected to maintain a primary residence within the jurisdiction they serve.
While Justiciarii Residentes is intended to promote fairness and understanding, it does not guarantee fair and unbiased judgments on its own. Judges must also adhere to ethical standards and exercise impartiality in their decision-making.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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