Bar (law)
Encyclopedia
Bar in a legal
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.
Courtroom division
The origin of the term bar is from the barring furniture dividing a medieval European courtroom, similarly as the origin of the term bankBank
A bank is a financial institution that serves as a financial intermediary. The term "bank" may refer to one of several related types of entities:...
for the location of financial transactions in medieval Europe. In USA and in Europe and many other countries referring to the law traditions of Europe, the area in front of the barrage is restricted to participants in the trial: the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
or judges, other court officials, the jury (if any), the lawyers for each party, the parties to the case, and witnesses giving testimony. The area behind the bar is open to the public. This restriction is enforced in nearly all courts. In most courts, the bar is represented by a physical partition: a railing or barrier that serves as a bar.
License and certification
The bar may also refer to the qualifying procedure by which a lawyer is licensed to practice law in a given jurisdiction.U.S. procedure
In the United States, this procedure is administered by the individual U.S. stateU.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s. In general, a candidate must graduate from a qualified law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
and pass a written test: the bar examination
Bar examination
A bar examination is an examination conducted at regular intervals to determine whether a candidate is qualified to practice law in a given jurisdiction.-Brazil:...
. Nearly all states use the Multistate Bar Examination, usually with additions for that state's laws. The candidate is then admitted to the bar
Admission to the bar in the United States
In the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...
. A lawyer whose license to practice law is revoked is said to be disbarred
Disbarment
Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law...
.
British procedure
In the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the practice of law is divided between solicitors and barristers (advocates in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
). It is the latter who appear in court. When a lawyer becomes a barrister, he is called to the bar
Call to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
.
The legal profession
The Bar commonly refers to the legal profession as a whole. With a modifier, it may refer to a branch or division of the profession: as for instance, the tortTort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
bar, lawyers who specialize in filing civil suits
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
for damages.
In conjunction with bench, bar may differentiate lawyers who represent clients (the bar), from judges or members of a judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
(the bench
Bench (law)
Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court...
). In this sense, the bar advocates and the bench adjudicates. Yet, judges commonly remain members of the bar; and lawyers are commonly referenced as Officers of the Court.
The phrase bench and bar denotes all judges and lawyers collectively.
See also
- Admission to practice law
- Admission to the bar in the United StatesAdmission to the bar in the United StatesIn the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...
- Bar AssociationBar associationA bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
- Bench (law)Bench (law)Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court...
- British Accreditation CouncilBritish Accreditation CouncilThe British Accreditation Council for Independent Further and Higher Education is an educational accreditation agency recognised by the British Government for international students entering the United Kingdom for educational purposes....
- Call to the BarCall to the barThe Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
- CourtroomCourtroomA courtroom is the actual enclosed space in which a judge regularly holds court.The schedule of official court proceedings is called a docket; the term is also synonymous with a court's caseload as a whole.-Courtroom design:-United States:...