Legal Definitions - postman

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Definition of postman

Historically, a postman was a specific type of barrister who practiced in the English Court of Exchequer. This individual held a unique and privileged position, granting them the right of precedence when presenting legal arguments or requests to the court, known as "motions," over all other junior barristers.

  • Imagine a bustling day in the 18th-century Court of Exchequer where several barristers are waiting to bring their cases before the judges. Both Mr. Finch, a junior barrister, and Mr. Davies, who holds the designated role of the postman, have urgent motions to present. When the time comes for motions, the court would invariably call upon Mr. Davies first, allowing him to speak and present his client's request before Mr. Finch or any other junior counsel, simply because of his traditional entitlement to precedence.

    Explanation: This scenario directly illustrates the postman's privilege: his motion would be heard ahead of other junior barristers, regardless of the perceived urgency or complexity of their respective matters.

  • Consider a situation where a junior barrister, Ms. Evelyn, is representing a client in a complex financial dispute within the Court of Exchequer. She has prepared a critical motion to introduce new evidence, vital for her client's case. However, she knows that if the court's postman also has a motion to present on the same day, the postman's motion will always take priority. This meant Ms. Evelyn had to carefully strategize her timing, perhaps waiting for a day when the postman was not scheduled to make motions, or accepting that her motion would be delayed until after his was heard.

    Explanation: This example highlights the practical implications of the postman's role, demonstrating how his automatic precedence influenced the strategies and timing of other junior barristers in the court.

Simple Definition

Historically, a "postman" was a barrister in the English Court of Exchequer. This individual held a unique position, having precedence over other junior barristers when making motions in court. The name derived from a specific post they stood next to while presenting their arguments.

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