Attaint
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Attaint
A writ of attaint is an obsolete writ in English law, issued to inquire whether a jury had given a false verdict in a trial. In criminal cases, the writ of attaint was issued at the suit of the Crown, and in civil cases at the suit of either party. The correctness of the verdict would be determined by a body known as the grand jury of attaint. This panel, consisting of twenty-four members, was twice the size of a normal trial jury. The party bringing the attaint could introduce only the same evidence that was originally given at trial while the jury whose verdict was questioned was allowed to present new matter. If it were found that an erroneous verdict had been given, the wrong was redressed, and the original jury was punished. The punishment inflicted was quite severe; at the common law, the judgement was: However, during the reign of Henry VIII, Parliament passed an act reducing the punishment to perpetual infamy and a fine. In criminal cases, it appears to have become o ...
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Embracery
In the common law, embracery is the attempt to influence a juror corruptly to give their verdict in favour of one side or the other in a trial. This may be by promise, persuasions, entreaties, money, entertainments and the like. Early English law In English law, embracery was an offence both at common law and by statute, punishable by fine and imprisonment. As a statutory offence it dates back to 1360. The offence is complete, whether any verdict has been given or not, and whether the verdict is in accordance with the weight of evidence or otherwise. The person making the attempt, and any member of the jury who consents, are equally punishable. The legal term "embracery" comes from the Old Fr. ''embraseour'', an embracer, ''i.e.'', one who excites or instigates, literally one who sets on fire, from ''embraser'', to kindle a fire. This is unrelated to the common word "embrace", ''i.e.'', to hold or clasp in the arms, which is from French ''embracer'', from Latin ''bracchi ...
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Henry VIII Of England
Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disagreement with Pope Clement VII about such an annulment led Henry to initiate the English Reformation, separating the Church of England from papal authority. He appointed himself Supreme Head of the Church of England and dissolved convents and monasteries, for which he was excommunicated by the pope. Henry is also known as "the father of the Royal Navy" as he invested heavily in the navy and increased its size from a few to more than 50 ships, and established the Navy Board. Domestically, Henry is known for his radical changes to the English Constitution, ushering in the theory of the divine right of kings in opposition to papal supremacy. He also greatly expanded royal power during his reign. He frequently used charges of treason and ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Prison
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correctional facility, lock-up, hoosegow or remand center, is a facility in which inmates (or prisoners) are confined against their will and usually denied a variety of freedoms under the authority of the state as punishment for various crimes. Prisons are most commonly used within a criminal justice system: people charged with crimes may be imprisoned until their trial; those pleading or being found guilty of crimes at trial may be sentenced to a specified period of imprisonment. In simplest terms, a prison can also be described as a building in which people are legally held as a punishment for a crime they have committed. Prisons can also be used as a tool of political repression by authoritarian regimes. Their perceived opponents may be ...
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Bushell's Case
''Bushel’s Case'' (1670) 124 E.R. 1006, also spelled ''Bushell's Case'', is a famous English decision on the role of juries. It established beyond question the independence of the jury. It also confirmed that the Court of Common Pleas could issue a writ of ''habeas corpus'' in ordinary criminal cases. Background ''Bushel's Case'' arose from a previous case (''R v. Penn and Mead'' or ''Trial of Penn and Mead,'' 6 How. 951) involving two Quakers charged with unlawful assembly, William Penn (the future founder of Pennsylvania) and William Mead. They had been arrested in August 1670 for violating the Conventicle Act, which forbade religious assemblies of more than five people outside the auspices of the Church of England. The jury found the two "guilty of speaking in Gracechurch Street" but refused to add "to an unlawful assembly". The infuriated judge charged the jury that they "shall not be dismissed until we have a verdict that the court will accept". The jury modified the ...
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Juries Act 1825
The Juries Act 1825, also known as the County Juries Act, was an Act of the United Kingdom Parliament. It extends only to England and Wales. Selected clauses Qualifying for jury service The following requirements qualified an individual for jury service (section 1): * Male * Between 21 and 60 years old * At least one of: ** Owning land worth at least £10 a year if rented ** Having a lease of at least 21 years length of land with an annual rental value of at least £20 ** Being a householder paying the poor rate on a property that has at least fifteen windows and an annual rental value of at least £30 (Middlesex) or £20 (elsewhere in England) The requirement in the Bill of Rights 1689 that jurors in cases of high treason be freeholders was abolished. In Wales the qualifications were scaled to three-fifths of the above values. Exemptions from jury service Various groups were exempted from jury service by section 2: * Peers of the realm * Judges * Church of England clergy * Roman ...
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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 ...
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Writs
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every co ...
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