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A judge is a law student who marks his own examination papers.
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Legal Definitions - Doctors' Commons
Definition of Doctors' Commons
Doctors' Commons was a significant historical legal institution in England, operating from the 16th century until its dissolution in the 1860s. It served a dual purpose:
- It was a college that trained legal professionals, known as advocates and doctors of law, who specialized in specific areas such as maritime (admiralty) law and church (ecclesiastical) law.
- It also housed the specialized courts that heard and decided cases related to these fields.
Essentially, Doctors' Commons was the central hub for legal education and judicial proceedings concerning matters of the sea and the church before its functions were absorbed into the broader High Court system.
Examples:
Imagine a scenario in the early 18th century where a merchant ship, returning to London from the West Indies, suffers severe damage in a storm, leading to the loss of a valuable cargo. A dispute arises between the ship's owner and the cargo's owner over who is financially responsible for the losses, based on the terms of their shipping contract and established maritime customs.
This complex case, involving the laws of the sea and international trade, would have been brought before the admiralty court housed within Doctors' Commons. The specialized advocates trained there would have presented arguments, and the judges, experts in admiralty law, would have rendered a decision.
Consider a wealthy English family in the late 17th century facing a contentious issue after the head of the household passes away. The validity of his will is challenged by some relatives who believe he was unduly influenced by a religious figure in his final days, leading to an unfair distribution of his estate and significant bequests to the church.
Such a dispute, concerning the validity of a will and the moral or religious aspects of inheritance, would have fallen under the jurisdiction of the ecclesiastical courts, which were located within Doctors' Commons. These courts specialized in matters governed by church law, including wills, marriages, and moral offenses.
Picture a bright young law student in the early 19th century, aspiring to specialize in the intricate legalities surrounding international shipping, naval prize captures during wartime, or complex marriage settlements. He recognizes that general legal training won't suffice for these niche areas.
To achieve his ambition, this student would have sought admission to Doctors' Commons. It was the premier institution for receiving the specialized education and certification required to become an advocate practicing in admiralty or ecclesiastical law, distinguishing him from common lawyers.
Simple Definition
Doctors' Commons was a historical English institution that functioned as a college for advocates and doctors of law specializing in admiralty and ecclesiastical law. From the 16th to the 19th century, it also housed the courts for these specialized legal areas. It was dissolved in the 1860s after its functions were absorbed by the High Court.