bar

The court, in its strictest sense, sitting in full term. The presence, actual or constructive, of the court. Thus a trial at bar is one had before the full court, distinguished from a trial had before a single judge at nisi prius. So the "case at bar" is the case now before the court and under its consideration; the case being tried or argued.

In another sense, the whole body of attorneys and counsellors, or the members of the legal profession, collectively, who are figuratively called the "bar". They are thus distinguished from the "bench," which term denotes the whole body of judges. Bar associations of attorneys may be either national, state, or local.

See bar association.

Compare bench.

In the practice of legislative bodies, the outer boundary of the house; therefore, all persons, not being members, who wish to address the house, or are summoned to it, appear at the bar for that purpose.

In the law of contracts, an impediment, obstacle, or preventive barrier. Thus, relationship within the prohibited degrees is a bar to marriage. In this sense also we speak of the "bar of the statute of limitations." That which defeats, annuls, cuts off, or puts an end to. Thus, a provision "in bar of dower" is one which has the effect of defeating or cutting off the dower-rights which the wife would otherwise become entitled to in the particular land.

In pleading, a special plea, constituting a sufficient answer to an action at law; so called because it barred, i.e., prevented, the plaintiff from further prosecuting it with effect, and, if established by proof, defeated and destroyed the action altogether. Called a special "plea in bar." It may be further described as a plea or peremptory exception of a defendant to destroy the plaintiffs action.

Under Fed.Rules Civ.Proc., pleas in bar are abolished in favor of affirmative pleading of defenses in answer. Rule 8(c).

See plea (plea in bar).

With respect to claim preclusion, a valid and final personal judgment on the merits against a claimant precludes (bars) a later suit on the same claim or cause of action. It is the principle that a party may not relitigate a cause of action which has been determined previously. In re Johnson, Bkrtcy.Minn., 13 B.R. 342, 346.

A judgment rendered in a case is a "bar" to further action in the state in which it was rendered and in all other jurisdictions if the court which rendered it has required jurisdiction and if the subsequent action is brought by a party to first action or his privy.

See collateral estoppel doctrine

- double jeopardy

- issue preclusion

- res (res judicata).

A particular part of the court-room; for example, the place where prisoners stand at their trial, hence the expression "prisoner at the bar."

In England, a partition or railing running across a court-room, intended to separate the general public from the space occupied by the judges, counsel, jury, and others concerned in the trial of a cause. In the English courts it is the partition behind which all outer-barristers and every member of the public must stand. Solicitors being officers of the court, are admitted within it; as are also queen's counsel, barristers with patents of precedence, and Serjeants, in virtue of their ranks. Parties who appear in person also are placed within the bar on the floor of the court

@ bar admission

Act by which one is licensed to practice before courts of a particular state or jurisdiction after satisfying requirements such as bar examination, period of residency or admission on grounds of reciprocity after period of years as member of bar of another jurisdiction

@ bar association

An association of members of the legal profession. Such associations have been organized on the national (American Bar Association - Federal Bar Association), state, county, and even on city levels (e.g., New York City Bar Ass'n). The first was established in Mississippi in 1825, but it is not known to have had a continued existence. An association of Grafton and Coos counties in New Hampshire had an existence before 1800, and probably a more or less continuous life since then, having finally merged into a state association. Membership may be either compulsory (integrated bar) or voluntary

@ bar integration

See integrated bar

@