Judge Cannot Represent Diocese
Judge Benito Benitez holds authority over a bishopric that owns disputed property. When the bishopric faces litigation over that land, the judge hires outside counsel rather than appearing as its lawyer in court.
Also known as: bishoprics · diocese · see
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A geographical area under the ecclesiastical authority of a bishop.
The position or rank held by a bishop.
Each sense below has its own examples, sources, and questions.
A geographical area under the ecclesiastical authority of a bishop.
Judge Benito Benitez holds authority over a bishopric that owns disputed property. When the bishopric faces litigation over that land, the judge hires outside counsel rather than appearing as its lawyer in court.
Bethany Boyd claims title to farmland inside a bishopric that straddles two states. The court applies the law of the state with the most significant relationship to the land and the parties to decide ownership.
The position or rank held by a bishop.
Brandon Black, bishop of a bishopric, signs a memorandum for the sale of church land. The contract is enforceable against him even though the other party never signed.
Bruce Baldwin, newly installed as bishop of a bishopric, signs a memorandum confirming an earlier oral lease of church property. The writing satisfies the statute even though it was executed after the lease was formed.
Bianca Baker, delirious, threatens to harm herself on bishopric property. A passerby locks the gate to prevent injury. The passerby faces no liability for the brief restraint.
Bobby Brady seeks to quiet title to a bishopric parcel located in another state. The forum applies its own procedural rules to the pleadings while using the selected state's substantive law on capacity to transfer.
One meaning refers to the geographical territory under a bishop's authority. The other meaning refers to the office or position itself held by the bishop.
The term is used chiefly in historical or property contexts involving church lands, but the underlying choice-of-law and contract principles that govern such lands apply regardless of the religious character of the owner.
When bishopric denotes the territory, courts focus on choice-of-law rules for the land itself. When it denotes the office, issues of authority to bind the entity arise under agency and contract doctrines.
…act must govern cases to which both apply. To contend otherwise is to say courts must close their eyes on the Constitution and see only the law which would subvert written constitutions. The Constitution extends judicial power to all cases arising under the Constitution. Could it be intended that in using that power…