|
Wager Of Law
Compurgation, also called trial by oath, wager of law, and oath-helping, was a defence used primarily in medieval law. A defendant could establish their innocence or nonliability by taking an oath and by getting a required number of persons, typically twelve, to swear they believed the defendant's oath. The wager of law was essentially a character reference, initially by kin and later by neighbours (from the same region as the defendant), often 11 or 12 men, and it was a way to give credibility to the oath of a defendant at a time when a person's oath had more credibility than a written record. It can be compared to a legal wager, which is the provision of surety at the beginning of legal action to minimize frivolous litigation. Compurgation was found in early Germanic law, in early French law (''très ancienne coutume de Bretagne''), in Welsh law, and in the English ecclesiastical courts until the seventeenth century. In common law it was substantially abolished as a defence in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow. Etymology The word come from Anglo-Saxon ' judicial swearing, solemn appeal to deity in witness of truth or a promise," from Proto-Germanic '' *aiþaz'' (source also of Old Norse eiðr, Swedish ed, Old Saxon, Old Frisian eth, Middle Dutch eet, Dutch eed, German Eid, Gothic aiþs "oath"), from PIE *oi-to- "an oath" (source also of Old Irish oeth "oath"). Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may ultimately ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Trial
A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law (legal system), civil law countries for criminal cases. Only Seventh Amendment to the United States Constitution, the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medieval Law
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire and transitioned into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early, High, and Late Middle Ages. Population decline, counterurbanisation, the collapse of centralized authority, invasions, and mass migrations of tribes, which had begun in late antiquity, continued into the Early Middle Ages. The large-scale movements of the Migration Period, including various Germanic peoples, formed new kingdoms in what remained of the Western Roman Empire. In the 7th century, North Africa and the Middle East—most recently part of the Eastern Roma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Legal Terminology
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1833 Disestablishments
Events January–March * January 3 – Reassertion of British sovereignty over the Falkland Islands in the South Atlantic. * February 6 – His Royal Highness Prince Otto Friedrich Ludwig of Bavaria assumes the title His Majesty Othon the First, by the Grace of God, King of Greece, Prince of Bavaria. * February 16 – The United States Supreme Court hands down its landmark decision of Barron v. Mayor and City Council of Baltimore. * March 4 – Andrew Jackson is sworn in for his second term as President of the United States. April–June * April 1 – General Antonio López de Santa Anna is elected President of Mexico by the legislatures of 16 of the 18 Mexican states. During his frequent absences from office to fight on the battlefield, Santa Anna turns the duties of government over to his vice president, Valentín Gómez Farías. * April 18 – Over 300 delegates from England, Scotland, Wales and Ireland travel to the office of the Prime Minister, the Earl Grey, to cal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History
Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilisations and operates in the wider context of social history. Certain jurists and historians of legal process have seen legal history as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts; some consider legal history a branch of intellectual history. Twentieth-century historians viewed legal history in a more contextualised manner - more in line with the thinking of social historians. They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. Such legal historians have tended to analyse case histories from the parameters of social-science inquiry, using ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial By Ordeal
Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience. In medieval Europe, like trial by combat, trial by ordeal, such as cruentation, was sometimes considered a "judgement of God" ( la, jūdicium Deī, ang, Godes dōm): a procedure based on the premise that God would help the innocent by performing a miracle on their behalf. The practice has much earlier roots, attested to as far back as the Code of Hammurabi and the Code of Ur-Nammu. In pre-modern society, the ordeal typically ranked along with the oath and witness accounts as the central means by which to reach a judicial verdict. Indeed, the term ''ordeal'', Old English ''ordǣl'', has the meaning of "judgment, verdict" (German ''Urteil'', Dutch ''oordeel''), from Proto-Germanic ''*uzdailiją'' "that which is dealt out". Priestly cooperation in trials by fire and water was forbidd ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slade's Case
Slade's Case (or ''Slade v. Morley'') was a case in English contract law that ran from 1596 to 1602. Under the medieval common law, claims seeking the repayment of a debt or other matters could only be pursued through a writ of debt in the Court of Common Pleas, a problematic and archaic process. By 1558 the lawyers had succeeded in creating another method, enforced by the Court of King's Bench, through the action of ''assumpsit'', which was technically for deceit. The legal fiction used was that by failing to pay after promising to do so, a defendant had committed deceit, and was liable to the plaintiff. The conservative Common Pleas, through the appellate court the Court of Exchequer Chamber, began to overrule decisions made by the King's Bench on ''assumpsit'', causing friction between the courts. In Slade's Case, a case under ''assumpsit'', which was brought between judges of the Common Pleas and King's Bench, was transferred to the Court of Exchequer Chamber where the King' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agnate
Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritance of property, rights, names, or titles by persons related through male kin. This is sometimes distinguished from cognate kinship, through the mother's lineage, also called the spindle side or the distaff side. A patriline ("father line") is a person's father, and additional ancestors, as traced only through males. Traditionally and historically people would identify the person's ethnicity with the father's heritage and ignore the maternal ancestry in the ethnic factor. In the Bible In the Bible, family and tribal membership appears to be transmitted through the father. For example, a person is considered to be a priest or Levite, if his father is a priest or Levite, and the members of all the Twelve Tribes are called Israelites because ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blood Money (restitution)
Blood money, also called bloodwit, is money or some sort of compensation paid by an offender (usually a murderer) or their family group to the family or kin group of the victim. Particular examples and uses Blood money is, colloquially, the reward for bringing a criminal to justice. A common meaning in other contexts is the money-penalty paid by a murderer to the kinsfolk of the victim. These fines completely protect the offender (or the kinsfolk thereof) from the vengeance of the injured family. The system was common among Germanic peoples as part of the Ancient Germanic law before the introduction of Christianity (weregild), and a scale of payments, graduated according to the heinousness of the crime, was fixed by laws, which further settled who could exact the blood-money, and who were entitled to share it. Homicide was not the only crime thus expiable: blood-money could be exacted for most crimes of violence. Some acts, such as killing someone in a church or while asleep, or wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations (''Tabi'un'' and ''Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pre-Islamic Arabia
Pre-Islamic Arabia ( ar, شبه الجزيرة العربية قبل الإسلام) refers to the Arabian Peninsula before the History of Islam, emergence of Islam in 610 CE. Some of the settled communities developed into distinctive civilizations. Information about these communities is limited and has been pieced together from archaeological evidence, accounts written outside of Arabia, and Arab oral traditions which were later recorded by List of Muslim historians, Islamic historians. Among the most prominent civilizations were the Thamud civilization, which arose around 3000 BCE and lasted to around 300 CE, and the earliest Semitic civilization in the eastern part was Dilmun, which arose around the end of the fourth millennium and lasted to around 600 CE. Additionally, from the second half of the second millennium BCE,Kenneth A. Kitchen The World of "Ancient Arabia" Series. Documentation for Ancient Arabia. Part I. Chronological Framework and Historical Sources p.110 Southern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
