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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 his 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 ...
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Oath
Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths is to give an Affirmation (law), 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 :wikt:swear, swear" is a verb used to describe the taking of an oath; to make a solemn vow. Etymology The word comes from Old English, Anglo-Saxon ': "judicial swearing, solemn appeal to deity in witness of truth or a promise"; from Proto-Germanic language, Proto-Germanic '':wikt:Reconstruction:Proto-Germanic/aiþaz, *aiþaz''; from Proto-Indo-European ''*oi-to-'': "an oath". Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may be non-Indo-European, in reference to careles ...
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Personal Property
Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law (legal system), civil law systems, personal property is often called movable property or movables—any property that can be moved from one location to another. Personal property can be understood in comparison to real estate, immovable property or real property (such as land and buildings). Movable property on land (larger livestock, for example) was not automatically sold with the land, it was "personal" to the owner and moved with the owner. The word ''cattle'' is the Old Norman language, Norman variant of Old French ''chatel'', chattel, and today cheptel (derived from Latin ''capitalis'', "of the head"), which was once synonymous with general movable personal property. Classifications Personal property may be classified in a variety of ways. Intangible Intangible personal property or "intangibles" refers to personal property t ...
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Trial By Ordeal
Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused (called a "proband") 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" (, ): 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-industrial 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" from Proto-West Germanic uʀdailī (see , ), ultimately from Proto-Germanic ''*uzdailiją'' "that which is dealt out". Priestly cooperation in trials by fire and water w ...
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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 th ...
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Anglo-Saxon Law
Anglo-Saxon law (, later ; , ) was the legal system of Anglo-Saxon England from the 6th century until the Norman Conquest of 1066. It was a form of Germanic law based on unwritten custom known as folk-right and on written laws enacted by History of monarchy in the United Kingdom#Anglo-Saxon period (800s–1066), kings with the advice of their witan or council. By the later Anglo-Saxon period, a system of courts had developed to administer the law, while enforcement was the responsibility of ealdormen and royal officials such as sheriffs, in addition to self-policing () by local communities. Originally, each Anglo-Saxon kingdom had its own laws. As a result of Viking invasions and settlement, the Danelaw followed Medieval Scandinavian law, Scandinavian laws. In the 10th century, a unified Kingdom of England was created with a single Anglo-Saxon government; however, different regions continued to follow their customary legal systems. The last Anglo-Saxon law codes were enacted i ...
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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. 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 their father is Israel (Jacob). In the first lines of the New Testament, the descent of Jesus Christ is counted through the male lineage from Abraham through ...
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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 weregild compensation system was common among Germanic peoples as part of Ancient Germanic law, before the introduction of Christianity. 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 expiable: blood-money could be exacted for most crimes of violence. Some acts, such as killing someone in a church or while asleep, or ...
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Fiqh
''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation (''ijtihad'') of the Quran and ''Sunnah'' by Islamic jurists (''ulama'') and is implemented by the rulings (''fatwa'') of jurists on questions presented to them. Thus, whereas ''sharia'' is considered immutable and infallible by Muslims, ''fiqh'' is considered fallible and changeable. ''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam as well as econo ...
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Pre-Islamic Arabia
Pre-Islamic Arabia is the Arabian Peninsula and its northern extension in the Syrian Desert before the rise of Islam. This is consistent with how contemporaries used the term ''Arabia'' or where they said Arabs lived, which was not limited to the peninsula. Pre-Islamic Arabia included both nomadic and settled populations. Several settled populations developed distinctive civilizations. From around the second half of the 2nd millennium BCE, South Arabia, Southern Arabia was the home to a number of kingdoms, such as the Sabaeans and the Minaeans, and Eastern Arabia was inhabited by Semitic-speaking peoples who presumably migrated from the southwest, such as the so-called Samad Late Iron Age, Samad population.Kenneth A. Kitchen The World of "Ancient Arabia" Series. Documentation for Ancient Arabia. Part I. Chronological Framework and Historical Sources p.110 From 106 CE to 630 CE, Arabia's most northwestern areas were controlled by the Roman Empire, which governed it as Arabia Petrae ...
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Assumpsit
Assumpsit ("he has undertaken", from Latin, ''assumere''), or more fully, action in assumpsit, was a form of action at common law used to enforce what are now called obligations arising in tort and contract; and in some common law jurisdictions, unjust enrichment. The origins of the action can be traced to the 14th century, when litigants seeking justice in the royal courts turned from the writs of covenant and debt to the trespass on the case. History Fragmentation of actions for breach of agreement In the early days of the English common law, agreements were enforced in local courts. Where one wished to enforce an agreement in the royal courts, it was necessary to fit one's claim within a form of action. In the 13th and 14th centuries the forms of action for the enforcement of agreements were covenant, debt, detinue, and account. These were all writs in the ''praecipe'' form, meaning that they commanded the defendant to perform an act: for example, to keep a promise; to yie ...
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Fourth Council Of The Lateran
The Fourth Council of the Lateran or Lateran IV was convoked by Pope Innocent III in April 1213 and opened at the Lateran Palace in Rome on 11 November 1215. Due to the great length of time between the council's convocation and its meeting, many bishops had the opportunity to attend this council, which is considered by the Catholic Church to be the twelfth ecumenical council. The council addressed a number of issues, including the sacraments, the role of the laity, the treatment of Jews and heretics, and the organization of the church. The decree mandating annual confession has been called "pehaps the most important legislative act in the history of the church." In the case of Jews and Muslims, this included compelling them to wear distinctive badges to prevent social contact "through error". The council is viewed by medievalists as both opening up many reforms, and as formalising and enforcing intolerance in European society, both to heretics and Jews, and thus playing ...
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1 Hen
1 (one, unit, unity) is a number, numeral, and glyph. It is the first and smallest positive integer of the infinite sequence of natural numbers. This fundamental property has led to its unique uses in other fields, ranging from science to sports, where it commonly denotes the first, leading, or top thing in a group. 1 is the unit of counting or measurement, a determiner for singular nouns, and a gender-neutral pronoun. Historically, the representation of 1 evolved from ancient Sumerian and Babylonian symbols to the modern Arabic numeral. In mathematics, 1 is the multiplicative identity, meaning that any number multiplied by 1 equals the same number. 1 is by convention not considered a prime number. In digital technology, 1 represents the "on" state in binary code, the foundation of computing. Philosophically, 1 symbolizes the ultimate reality or source of existence in various traditions. In mathematics The number 1 is the first natural number after 0. Each natural number, ...
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