What Is a Master in Legal Terms

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MASTER. This word has several meanings. 1. The Master is someone who has control over a servant or apprentice. A master is in contact with his apprentices, in loco parentis, and is obliged to fulfill this relationship which enforces the law in general. He also has the right to be obeyed by his apprentices as if they were his children. Bouv. Inst. Index, h.t. 2.-2.

The teacher is a person engaged in teaching children, commonly known as a schoolmaster; for his powers, see Correction. 3rd-3rd captain is the name of an officer: like the ship Benjamin Franklin, of which A B is captain; the master of roles; Master in Law Firm, &c. 4.-4. A master is also a director who employs another to perform an action or to do something for him. The law adopted the maxim of civil law, which facit per alium facit per se; the agent is only an instrument, and the master is civilly liable for the action of his agent, as if it were his own, if he orders him to do an act or puts him in a state from which such an action results, or by the absence of diligence and control, either in advance in the choice of his representative, or directly in fact himself, through negligence, he suffered an injury. History, Ag. § 454, note; Max.c of Noy. 44; Salk.

282; 1 East. R. 106; 1 Bos. & Pul. 404; 2 H. Bl. 267; 5 barns. & Cr. 547; 2 Mockery. R.

314; 4 Mockery. R. 649; Fair 364, 385; 17 Fair 479, 509; 1 Selection. 47 5; 4 watts, 222; 2 Harr. & Gill., 316; 6 Cowen, 189; 8 Selection. 23; 5 Munf. 483. Agent Vacuum; Agency; driver; Servant. In England and Wales, there is a Senior Judge in the Chancery and Queen`s Bench Divisions of the High Court, who exercises jurisdiction in civil matters.

Where the Master presides over a matter within its jurisdiction, the Master`s decision shall have the same effect as a decision of a judge of the High Court within the division of the court to which the Master has been appointed. [1] The role of a Master`s degree at the High Court of Justice of England and Wales mainly concerns the litigation and management of civil cases brought by the High Court of London, with the exception of prison bailouts, judicial review and criminal cases. There are masters in the departments of Queen`s Bench and Chancellery and in the Cost Office (master tax specialists/cost judges) and their roles differ slightly. [2] [3] In Ontario, associate judges have full authority over traditional masters, as well as additional responsibilities to administer prosecutions and participate in dispute resolution proceedings. They are appointed by Order in Council and may be dismissed by the Chief Justice only after formal disciplinary proceedings for cause. [11] A Master (sometimes called a Special Master) is a court-appointed official who assists the court in performing various special tasks in a particular case. For example, the master may make testimonies or allow the discovery of evidence. She then prepares a report for the judge. In many family law proceedings, some routine cases, such as uncontested divorces, are handled by a master. In some countries, the master`s office has been renamed associate judge.

So far, this has happened in several Australian states, New Zealand and the Canadian province of Ontario. n. 1) Employer, in the area of law known as “master and servant”, who should be more correctly called employer and employee. and (2) a person with special expertise who has been appointed by a judge to investigate a problem (for example. B if a parent`s home is appropriate for visiting a child) and report its findings and recommendations to the judge. (See: Lord and Servant, Employment, Higher Answer) In Canada, the structure of the judicial system falls primarily under provincial jurisdiction under subsection 92(14) of the Constitution Act, 1867, and the superior courts of the provinces have different names. Masters sit on the Supreme Court of British Columbia, the Alberta Court of Queen`s Bench and the Manitoba Court of Queen`s Bench. There are part-time tax masters at the Supreme Court of Newfoundland and Labrador. There is a similar prothonotary position on the Supreme Court of Prince Edward Island and the Federal Court. In September 2021, the Ontario Superior Court of Justice changed the title from “Master of Case Management” to “Associate Judge.” [8] The term master refers to a parajudicing public servant such as an appraiser, auditor, auditor or assessor specially appointed to assist a tribunal in its proceedings. For example, a captain can testify, hear and resolve investigative disputes, issue injunctions and deal with other pre-trial matters, as well as charge interest, assess annuities, and investigate charges on land titles with a written report to the court. This position is also known as Special Master.

Questions generally presented to a master in the Canadian jurisdictions he has: In Alberta, British Columbia and Manitoba, masters have the same conditions of appointment as provincial judges. This was also the case in Ontario, but after the merger of the High Court of Justice and the District Courts, a new Master`s Office in Case Management was created in 1986. “Master of Laws.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/master%20of%20laws. Retrieved 14 January 2022. Under the Bailiffs Act 1926, the Master of the High Court and the Tax Masters are not judges, but “quasi-judicial holders”. [6] [7] A master informs the judge of his results so that a decree can be issued. A Master of Chancery was an officer at the Court of Chancery in England. In the United States, these functions may be performed by a clerk, commissioner, auditor or assessor. This term also has other meanings. The Lord is someone who has control over a servant or apprentice.

This term is synonymous with a schoolmaster used in teaching children. Masters are generally not appointed by the federal government, which is why their jurisdiction is limited. However, in the day-to-day operation of courthouses in jurisdictions employing masters, they are invaluable for the course and advancement of civil lawsuits. Such a person is called to court, for example, “Master Smith.” This applies regardless of whether the master is a man or a woman or whether he is as a “master” or “judge”. A similar type of master exists in the judicial system of Northern Ireland, in several Canadian and Australian jurisdictions, as well as in other countries whose judicial system is based on that of England. The hierarchy between a master and a judge of the court appointed by the federal government is reflected in the following limits: In addition to the courts of England and Wales, masters can be found in the Republic of Ireland, Australia, New Zealand, Hong Kong, several Caribbean countries and a number of Canadian provinces. Several state courts in the United States use masters or similar officers and also make intensive use of special masters. In some jurisdictions, such as the Federal Court of Canada, the office of prothonotary is similar to that of master. In Polson, Justice Harvey distinguished a master from a judge per se, the latter term being generally reserved for senior judges appointed by the federal government: in general, although there are exceptions, masters do not hear oral statements. It is in the nature of the questions presented to a master that the evidence is in the form of an affidavit. Masters have no inherent jurisdiction and must find their authority to act in a law. Of course, this may be a contentious issue where the Enabling Act provides for jurisdiction, which is described in general formulations, generally worded as follows: “With respect to all matters brought before the Court or proposed for submission, a master chamberlain has the same power and may exercise the same jurisdiction as a judge, who sits in a chamber, with the exception of … The office of master dates back to the 12th century, although the masters of the chancery were abolished in the 19th century and later a new office of the master chancery was newly created.

[4] There are masters in the Chancery and Queen`s Bench departments of the High Court of Justice and in the High Court Fees Office. The Chief Petty Officer of the Queen`s Bench Division also holds the title of Queen`s Memorialist, one of the oldest judicial posts in England. A Master`s degree is a judge with limited jurisdiction in the higher courts of England and Wales and in many other jurisdictions based on the common law tradition. The jurisdiction of a master is generally limited to civil proceedings and is a subset of that of a judge or judge of the Supreme Court. Masters are usually involved in hearing specialized types of prosecutions, case management and, in some jurisdictions, in resolving disputes or deciding on certain issues referred by judges. .