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Court-leet
The court leet was a historical court baron (a type of manorial court) of England and Wales and Ireland that exercised the "view of frankpledge" and its attendant police jurisdiction, which was normally restricted to the hundred courts. Etymology of leet The word "leet", as used in reference to special court proceedings, dates from the late 13th century, from Anglo-French ''lete'' and Anglo-Latin ''leta'' of unknown origin, with a possible connection to the verb "let". Early history At a very early time in medieval England, the Lord of the Manor exercised or claimed certain feudal rights over his serfs and feudal tenants. The exercise of those rights was combined with manorial administrative concerns, in his court baron. However this court had no power to deal with criminal acts. Criminal jurisdiction was held by the hundred courts; the country was divided into hundreds, and there was a hundred court for each of them. Each hundred comprised 100 hides, with each hi ...
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Court Baron
The manorial courts were the lowest courts of law in England during the feudal period. They had a civil jurisdiction limited both in subject matter and geography. They dealt with matters over which the lord of the manor had jurisdiction, primarily torts, local contracts and land tenure, and their powers only extended to those who lived within the lands of the manor: the demesne and such lands as the lord had enfeoffed to others, and to those who held land therein. Historians have divided manorial courts into those that were primarily seignorial – based on feudal responsibilities – and those based on separate delegation of authority from the monarch. There were three types of manorial court: the court of the honour; the court baron; and the court customary, also known as the halmote court. Each manor had its own laws promulgated in a document called the custumal, and anyone in breach of those laws could be tried in a manorial court. The earlier Anglo-Saxon method of ...
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Hide (unit)
The hide was an English unit of land measurement originally intended to represent the amount of land sufficient to support a household. It was traditionally taken to be , but was in fact a measure of value and tax assessment, including obligations for food-rent ('), maintenance and repair of bridges and fortifications, manpower for the army ('), and (eventually) the ' land tax. The hide's method of calculation is now obscure: different properties with the same hidage could vary greatly in extent even in the same county. Following the Norman Conquest of England, the hidage assessments were recorded in the Domesday Book of 1086, and there was a tendency for land producing £1 of income per year to be assessed at 1 hide. The Norman kings continued to use the unit for their tax assessments until the end of the 12th century. The hide was divided into 4 yardlands or virgates. It was hence nominally equivalent in area to a carucate, a unit used in the Danelaw. Original meaning The An ...
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Freehold (law)
In common law jurisdictions such as England and Wales, Australia, Canada, and Ireland, a freehold is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds before 1925 In England and Wales, before the Law of Prope ...
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Nominal Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ...
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Alcester
Alcester () is a market town and civil parish of Roman origin at the junction of the River Alne and River Arrow in the Stratford-on-Avon District in Warwickshire, England, approximately west of Stratford-upon-Avon, and 7 miles south of Redditch, close to the Worcestershire border. In 2020, the population of the parish was estimated at 6,202, with 7,146 in the built-up area. Etymology The poet and antiquary John Leland wrote in his ''Itinerary'' (ca. 1538–43) that the name Alcester was derived from that of the River Alne. The suffix 'cester' is derived from the Old English word 'ceaster', which meant a Roman fort or town, and derived from the Latin 'castrum', from which the modern word 'castle' also derives. History Alcester was founded by the Romans in around AD 47 as a walled fort. The walled town, possibly named ''Alauna'' developed from the military camp. It was sited on Icknield Street, a Roman road that ran the length of ''Roman Britain'' from south-west England to ...
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Trial By Jury
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or 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 countries for criminal cases. Only 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 malicious prosecution and false imprisonment suits in England and Wales), but true civil jury trials are almost entirely ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ...
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Court Of Record
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some U.S. states, death penalty statutes provide that all evidence must be preserved for an extended period of time). Most courts of record have rules of procedure (see rules of evidence, rules of civil procedure, and rules of criminal procedure) and therefore they require that most parties be represented by counsel (specifically, attorneys holding a license to practice law before the specific tribunal). In contrast, in courts not of record, oral proceedings are not recorded, and the judge makes his or her decision based on notes and memory. In most "not of record" proceedin ...
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Edward I Of England
Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vassal of the French king. Before his accession to the throne, he was commonly referred to as the Lord Edward. The eldest son of Henry III, Edward was involved from an early age in the political intrigues of his father's reign, which included a rebellion by the English barons. In 1259, he briefly sided with a baronial reform movement, supporting the Provisions of Oxford. After reconciliation with his father, however, he remained loyal throughout the subsequent armed conflict, known as the Second Barons' War. After the Battle of Lewes, Edward was held hostage by the rebellious barons, but escaped after a few months and defeated the baronial leader Simon de Montfort at the Battle of Evesham in 1265. Within two years the rebellion was extin ...
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Quo Warranto
In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold. ''Quo warranto'' is also used, with slightly different effect, in the Philippines. Early history With the spread of royal justice in the 12th and 13th centuries, private franchises and liberties were increasingly called upon to uphold the king's peace: to act against "malefactors and peace breakers, so that it may appear that you are a lover of our peace". From 1218 onwards, royal Eyres also began using the old writ of ''quo warranto'' – a court order to show proof of authority, as for example (literally) "By what warrant are you the sheriff?" – to investigate the origins of such franchises. An inquest of 1255 began examining such liberties nationwide; and the same enquiry was taken up again by ...
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Middle Ages
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 Ro ...
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Franchise (law)
Franchise may refer to: Business and law * Franchising, a business method that involves licensing of trademarks and methods of doing business to franchisees * Franchise, a privilege to operate a type of business such as a cable television provider, public utility, or taxicab company, sometimes requiring the filing of tariff schedules, as in: ** Television franchise, a right to operate a television network *** Cable franchise, a right to operate a cable television network **** Cable television franchise fee, an annual fee charged by a local government to a private cable television company ** Passenger rail franchising in Great Britain, a system of contracting out the operation of the passenger services on the railways of Great Britain * Franchise, a clause used by insurance companies as a threshold for policy payments, as in deductible * Franchise, political franchise, or suffrage, the civil right to vote * Franchise jurisdiction, in English history, a jurisdiction held as ...
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