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Legal Wager
In the Roman litigation system, while the ''Legis Actiones'' procedure was in force during the early Republic, both parties had to lay down a wager at the preliminary hearing, probably to discourage frivolous litigation. In some cases, if the party lost, the wager went to the other party, to compensate him for his inconvenience, rather than to the court to cover costs. There were three different types of ''legis actiones'', and the wager differed in each one. Sacramentum The standard procedure for litigation under the ''legis actiones'' system, it was used whenever another procedure was not proscribed by statute. Both parties had to lay down a wager of 50 ''asses'', 500 if the matter under dispute was worth 1000 or more. The wager of the winning party would be returned, but the loser's would be forfeited to the state. While the reasoning lay, in theory, in the idea of a sacrifice to the gods, its main effect was to discourage frivolous litigation since the sums laid down as wagers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Litigation
The history of Roman law can be divided into three systems of procedure: that of '' legis actiones'', the formulary system, and '' cognitio extra ordinem''. Though the periods in which these systems were in use overlapped one another and did not have definitive breaks, the ''legis actio'' system prevailed from the time of the XII Tables (c. 450 BC) until about the end of the 2nd century BC, the formulary procedure was primarily used from the last century of the Republic until the end of the classical period (c. AD 200), and ''cognitio extra ordinem'' was in use in post-classical times. Legis Actiones The remarkable aspect of a trial of an action under the legis actio procedure (and also later under the formulary system) was characterized by the division of the proceedings into two stages, the first of which took place before a magistrate, under whose supervision all the preliminaries were arranged, the second, in which the issue was actually decided, was held before a judge. The ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Horse
The horse (''Equus ferus caballus'') is a domesticated, one-toed, hoofed mammal. It belongs to the taxonomic family Equidae and is one of two extant subspecies of ''Equus ferus''. The horse has evolved over the past 45 to 55 million years from a small multi-toed creature, ''Eohippus'', into the large, single-toed animal of today. Humans began domesticating horses around 4000 BCE, and their domestication is believed to have been widespread by 3000 BCE. Horses in the subspecies ''caballus'' are domesticated, although some domesticated populations live in the wild as feral horses. These feral populations are not true wild horses, as this term is used to describe horses that have never been domesticated. There is an extensive, specialized vocabulary used to describe equine-related concepts, covering everything from anatomy to life stages, size, colors, markings, breeds, locomotion, and behavior. Horses are adapted to run, allowing them to quickly escape predators, and po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leather
Leather is a strong, flexible and durable material obtained from the tanning, or chemical treatment, of animal skins and hides to prevent decay. The most common leathers come from cattle, sheep, goats, equine animals, buffalo, pigs and hogs, and aquatic animals such as seals and alligators. Leather can be used to make a variety of items, including clothing, footwear, handbags, furniture, tools and sports equipment, and lasts for decades. Leather making has been practiced for more than 7,000 years and the leading producers of leather today are China and India. Animal rights groups claim that modern commercial leather making and the consumption of its products is unethically killing animals. According to the life-cycle assessment (LCA) report for the United Nations Industrial Development Organization, 99% of the raw hides and skins used in the production of leather derive from animals raised for meat and/or dairy production. Critics of tanneries claim that they engage in uns ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gage (finance)
In medieval finance, a gage or gage of land was a usufructory pledge of real property. The gage came in two forms: * the ''dead gage'' ( Scots ''deid wad'', French ''mort-gage'', German ''Totsatzung''); or * the ''living gage'' (Welsh ''prid'', Fr ''vif-gage'', G ''Zinssatzung''). When a feudal tenant or landlord needed liquid resources, they could pledge their estate in land, as collateral, for a money loan. Since the gaged collateral was typically a piece of real property which generated revenue (e.g. a farm which produced crops, a mill which processed food, a pasture that provided milk or wool, etc.), the lender-gagee received the rents and profits of the land. Under the terms of a living gage, these rents and profits reduced the amount the borrower-gagor owed, while under a dead gage they did not. This meant that if the property was prosperous enough, or the loan small enough, a property in living gage could pay off the debt itself; in other words, it was self-redeeming. On ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glove
A glove is a garment covering the hand. Gloves usually have separate sheaths or openings for each finger and the thumb. If there is an opening but no (or a short) covering sheath for each finger they are called fingerless gloves. Fingerless gloves having one small opening rather than individual openings for each finger are sometimes called gauntlets, though gauntlets are not necessarily fingerless. Gloves which cover the entire hand or fist but do not have separate finger openings or sheaths are called mittens. Mittens are warmer than other styles of gloves made of the same material because fingers maintain their warmth better when they are in contact with each other; reduced surface area reduces heat loss. A hybrid of glove and mitten contains open-ended sheaths for the four fingers (as in a fingerless glove, but not the thumb) and an additional compartment encapsulating the four fingers. This compartment can be lifted off the fingers and folded back to allow the individual fi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duel
A duel is an arranged engagement in combat between two people, with matched weapons, in accordance with agreed-upon Code duello, rules. During the 17th and 18th centuries (and earlier), duels were mostly single combats fought with swords (the rapier and later the small sword), but beginning in the late 18th century in England, duels were more commonly fought using pistols. Fencing and shooting continued to co-exist throughout the 19th century. The duel was based on a Code of conduct, code of honor. Duels were fought not so much to kill the opponent as to gain "satisfaction", that is, to restore one's honor by demonstrating a willingness to risk one's life for it, and as such the tradition of dueling was originally reserved for the male members of nobility; however, in the modern era, it extended to those of the upper classes generally. On occasion, duels with swords or pistols were fought between women. Legislation against dueling goes back to the medieval period. The Fourth Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chivalry
Chivalry, or the chivalric code, is an informal and varying code of conduct developed in Europe between 1170 and 1220. It was associated with the medieval Christianity, Christian institution of knighthood; knights' and gentlemen's behaviours were governed by chivalrous social codes. The ideals of chivalry were popularized in medieval literature, particularly the literary cycles known as the Matter of France, relating to the legendary companions of Charlemagne and his men-at-arms, the paladins, and the Matter of Britain, informed by Geoffrey of Monmouth's ''Historia Regum Britanniae'', written in the 1130s, which popularized the legend of King Arthur and his knights of the Round Table. All of these were taken as historically accurate until the beginnings of modern scholarship in the 19th century. The code of chivalry that developed in medieval Europe had its roots in earlier centuries. It arose in the Carolingian Empire from the idealisation of the cavalryman—involving mili ... [...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] |
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia and it is located entirely in the Northern Hemisphere and mostly in the Eastern Hemisphere. Comprising the westernmost peninsulas of Eurasia, it shares the continental landmass of Afro-Eurasia with both Africa and Asia. It is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, the Mediterranean Sea to the south and Asia to the east. Europe is commonly considered to be Boundaries between the continents of Earth#Asia and Europe, separated from Asia by the drainage divide, watershed of the Ural Mountains, the Ural (river), Ural River, the Caspian Sea, the Greater Caucasus, the Black Sea and the waterways of the Turkish Straits. "Europe" (pp. 68–69); "Asia" (pp. 90–91): "A commonly accepted division between Asia and E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar, or obtained a comparable qualification where available - such as solicitor advocates in England and Wales. They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue the prosec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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