Questions tagged [legal-history]

For questions related to how and why law has evolved over time.

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Why isn't there financial safety if I am arrested illegally? [closed]

I have been arrested approximately 14 times in my life and never Mirandized. The last time I was arrested, about 8 police officers stood around me asking me what I was doing. After I explained every ...
Moses Isaac Kaufman's user avatar
3 votes
1 answer
109 views

If someone received the Minimum Subsistence Guarantee in China, but were fined for having extra children, how did that affect their income?

The Minimum Subsistence Guarantee (MSG) was reportedly "RMB 677.6 per person per month and in rural areas this amount reaches RMB 496.9 per person per month (2020)" (That's about 100 USD in ...
the gods from engineering's user avatar
-3 votes
1 answer
164 views

Validity of Vietnam draft avoidance through having a father change son's draft status

In 1969 a graduate student in receipt of a 1-D draft deferment status pending enrolment in law school and undertaking an ROTC commitment hears of upcoming change of military selection process to one ...
Trunk's user avatar
  • 264
9 votes
1 answer
1k views

History of "No Warranty" clauses in software

Almost all free/open source software licenses include a section disclaiming any warranty or liability. This is not new; A 1985 licence for GNU Emacs includes the following: GNU Emacs is distributed ...
Kaia's user avatar
  • 238
1 vote
1 answer
67 views

How did a patent claim priority from an earlier patent?

I was looking up the notorious Baer patent on video games and noticed this text: 1969-03-18 Priority claimed from FR6907714A 1971-03-22 Application filed by Sanders Associates Inc ... On the face of ...
rwallace's user avatar
  • 253
1 vote
2 answers
95 views

In Armoury v Delamirie, how did the claimant prove that he had visited the jeweller’s shop with a gem in the piece?

The case was before most traveled about with cameras in their pockets, and yet it seemed to turn on the noted questions of law rather than the obvious question of fact that may arise where the ...
TylerDurden's user avatar
3 votes
1 answer
246 views

Elections under foreign occupation

The five-year term of Ukraine's current President is nearing its end and foreign allies are pressuring the country to conduct new elections -- despite the logistical nightmare of both campaigning and ...
Mikhail T.'s user avatar
6 votes
1 answer
805 views

Did the House of Lords hear appeal cases in the main Lords’ chamber of Parliament?

I suppose that the appeal cases were only ever heard by the law lords, in actuality a subsection rather than any plenary session of the house, so was it just a smaller session in the main canonically ...
TylerDurden's user avatar
5 votes
1 answer
1k views

Why did the neighbors, rather than the beneficiaries, object to the property destruction in Eyerman v. Mercantile Trust Co.?

We studied this case in my 1L (i.e. first year of law school) property course. I am curious about the background on this case. I would've expected that her executor or beneficiaries would've had an ...
JoshuaD's user avatar
  • 171
5 votes
1 answer
245 views

What is the origin of shouting 'Objection!' in the American courtroom?

Recently, I have been thinking about the intriguing practice, or at least ‘intriguing’ in my opinion, of shouting ‘Objection!’ as a witness is questioned in court, which, as I believe it, is more a ...
BakedAlaska624's user avatar
5 votes
2 answers
702 views

What is the functional purpose of the practice of seeking permission from a lower/trial court to appeal its own decision?

An appeal is fundamentally an affair pertaining to the transcendence of a particular court in order to solicit and invoke the authority of one of a higher level. So what is originally the purpose of ...
TylerDurden's user avatar
1 vote
3 answers
116 views

Has no-fault eviction of residential tenants ever previously existed, even in places where it no longer does?

In England this didn’t previously exist until being introduced under s21 of Thatcher’s capstone legislation the Housing Act 1988. This applies to England and Wales until it was superseded in the ...
TylerDurden's user avatar
6 votes
6 answers
3k views

Why don't law collections show who the author of the law is?

When reading laws of the Swiss government it just says: "The federal council decrees x,y,z.". Now I'm wondering who the author of some text was and there seems to be no way to find out. I'm ...
Hakaishin's user avatar
  • 263
6 votes
2 answers
2k views

Was being left in the Pacific in a lifeboat considered attempted murder in 1872?

It's 1872 and Mr. Fogg is having his journey around the world, and let's take the TV series adaption of 2021 as the basis. The situation at hand in Episode 6 is as follows: Taking a Steamship Carnatic ...
Trish's user avatar
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-2 votes
1 answer
135 views

Revolutionary war pensions

In Volume 1 of the statutes at large, it mentions the revolutionary war pensions. Most of these were never paid, and due to judgment interest if the law was enforced today the damages would be in the ...
D J Sims's user avatar
-4 votes
1 answer
64 views

What was the origin of procedure rules?

I’m guessing that they started out much simpler and more rudimentary than they are now, before which they were probably non existent and it was just a case of a Lord of the court admitting parties of ...
TylerDurden's user avatar
3 votes
2 answers
1k views

Why is POA associated (at least etymologically) with attorneys, rather than with solicitors or proctors?

In England and America alike today it seems that we still refer to Power of Attorney, while the term Attorney no longer seems to have any current usage itself, in England (but historically did). Why ...
TylerDurden's user avatar
-2 votes
1 answer
124 views

How did international/colonial jurisdictions deal with the combination of law and equity?

It seems to me based on preliminary consideration that as the majority of the British empire gained independence from colonial rule after WWII, the U.S. is perhaps at least somewhat unique in gaining ...
TylerDurden's user avatar
2 votes
1 answer
69 views

What were practitioners of/at (?) Equity called when the courts were separate?

Back when Equity was separate from Law, were practitioners of Equity qualified to address the courts of chancery called “lawyers”? Or were they called “equiters” or some other different term? Given ...
TylerDurden's user avatar
-1 votes
2 answers
86 views

Are writs rooted in equity?

Another answer I came across recently mentioned that orders for specific performance ie mandatory injunctions formerly called mandamus were writs. Conversely so were other writs such as certiorari. ...
TylerDurden's user avatar
22 votes
1 answer
2k views

When did criminal discovery rules substantially form?

The apparent non-existence of any criminal discovery/disclosure in Anatomy of a murder (1959) has struck me as odd and wildly disturbing. The trial is just a series of surprises to both sides. For ...
Greendrake's user avatar
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2 votes
1 answer
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Why wasn’t trial by combat invalid by way of desuetude in Ashford v Thornton?

The whole significance of the trial for which it is so widely studied is apparently the insight that desuetude basically doesn’t exist and laws are effective until they’re repealed. But then what is ...
TylerDurden's user avatar
6 votes
1 answer
336 views

What did it mean to be “declared infamous”?

According to Wikipedia, in Ashford v. Thornton, If the plaintiff said the word craven ("I am vanquished") and gave up the fight, he was to be declared infamous, deprived of the privileges ...
TylerDurden's user avatar
0 votes
1 answer
259 views

What was "carnal knowledge against the order of nature"?

S152(2), Palestine Penal Code of 1936, makes reference to carnal knowledge against the order of nature: 152(2) Any person who:— (a) has carnal knowledge of any person against the order of nature; or (...
TylerDurden's user avatar
1 vote
1 answer
103 views

Why, more specifically, were women not permitted to view the trial of Ashford v Thornton?

According to Wikipedia which in turn cites p 63, “Schoenfield, Mark (1997), "Waging battle: Ashford v Thornton, Ivanhoe and legal violence", in Simmons, Clare (ed.), Medievalism and the ...
TylerDurden's user avatar
-4 votes
1 answer
42 views

Was Ashford v Thornton heard at the Royal courts of Justice in Chancery Lane, London or elsewhere?

What physical venue was this 19th century Murder appeal heard in?
TylerDurden's user avatar
0 votes
1 answer
158 views

What is the origin of the notion of the King’s “peace”?

There are magistrates (or justices) of the peace, which evokes memory of the justices of the peace act 1285, a statute. Then there is a breach of the peace and the various police powers and ...
TylerDurden's user avatar
-3 votes
1 answer
55 views

Was affray a common law offence before it was codified in statute?

Section 3 POA 1986 describes affray as a criminal offence. What was the status of it before this?
TylerDurden's user avatar
-3 votes
1 answer
92 views

Does the convention of “F. Last” have any legal significance?

I’ve noticed that legal correspondence sometimes addresses folks in the format of F. Last where F. Is the addressee’s first initial, and Last is their complete last name. What is the origin of this ...
TylerDurden's user avatar
0 votes
2 answers
359 views

Has there ever been a common-law-only jurisdiction?

Is there, or has there ever been, any jurisdiction governed only under common law, with no statutory law?
Someone's user avatar
  • 17k
0 votes
2 answers
200 views

When and how did the adversarial aspect of the criminal justice system originate, and to what extent is/was it actually adversarial?

As I understand, originally all judicial courts derived their authority from the crown. So too, was the prosecutor in criminal matters referred to as “the crown.” So the crown is both the judge and ...
TylerDurden's user avatar
0 votes
1 answer
60 views

What was the closest parallel to common assault prior to CJA 1988?

Common assault appears to have been defined by statute in the criminal Justice act 1988. How were comparable incidents prosecuted before this?
TylerDurden's user avatar
3 votes
1 answer
145 views

Multiple *jus soli*

Until a few years ago, birth in Northern Ireland conferred citizenship in two states: the UK and Ireland. Was this unique in modern history, or are there other similar examples?
Brennan Vincent's user avatar
-2 votes
2 answers
133 views

Where does the idea of entitlement to make submissions to a court originate?

The court originally derived its authority solely from the supreme sovereignty of the crown. But if the royal power is so supreme, then why are subjects allowed as a matter of apparently solemn ...
TylerDurden's user avatar
3 votes
1 answer
478 views

What is the origin of the term “court” as a reference to the judicial institution?

Does the legal usage of the word court as in a court of law derive from the idea of a royal court, as an expression of the idea that the original courts of law were ultimately simple vehicles for the ...
TylerDurden's user avatar
3 votes
2 answers
223 views

Why are some sections of the US Code formatted so weirdly?

There are actually two questions here. First, why are sections not in order? You have 28 USC §1 through §6, which talk about the Supreme Court, then you have §41 to §49 (appeals courts), then §81 to §...
SilverCrown's user avatar
9 votes
1 answer
272 views

When did indictments stop saying people were "moved and seduced by the instigation of the Devil"?

Criminal indictments used to use much more detailed and flowery language than they do now. I was surprised to learn, while looking at some early U.S. documents, that they had retained a feature of ...
alexg's user avatar
  • 6,335
-2 votes
1 answer
73 views

Why was 36 Edward III c. 1 in French while 25 Edward I c. 1 was in Latin? [closed]

These laws were only passed about 65 years apart. Was there a shift from Latin into French during this period?
TylerDurden's user avatar
-3 votes
2 answers
176 views

What are (respectively) “Lords temporal and spiritual”? [closed]

In the opening clause of every parliamentary act seems to appear this phrase. What does each type of Lord refer to?
TylerDurden's user avatar
2 votes
2 answers
170 views

Where when and how did the idea of “reasonableness” originate?

What period did it come into regular legal usage? Did it originate as a judicial device first or did it begin as something that would be explicitly coded into statutes?
TylerDurden's user avatar
0 votes
2 answers
151 views

Why are formal accusations of crimes called “charges”?

How and when did it come to be called this? What are the origins of the term “criminal charges”?
TylerDurden's user avatar
1 vote
1 answer
70 views

Full text of Act of Settlement, 1781 - during the early company rule in India

Can someone please tell me where I can find the full text of the Act of Settlement, 1781 passed by the British Raj in India? I tried finding it on the internet but couldn't find it. Thank you!
Aasif Malik Shaik's user avatar
1 vote
2 answers
279 views

Why is the Crown Court called the Crown Court?

The Crown Court in England handles the graver charges known as indictments. Less severe criminal proceedings are heard in magistrates' court. Why is the Crown Court named Crown Court? Does it have ...
TylerDurden's user avatar
2 votes
2 answers
214 views

Could any British statutes have remained in force as U.S. federal law after the American Revolution?

The question Are any British or English Acts of Parliament still in force in the United States? asked Are there any Acts of the British (or English Parliament) in force before American independence ...
Brian's user avatar
  • 1,454
5 votes
1 answer
465 views

What was the basis/reasoning for Pennsylvania's Supreme Court decision to declare the state old-age assistance program unconstitutional in the 1920s?

I read that From 1918 to 1927 [Abe] Epstein served as research director of the Pennyslvania Commission on Old Age Pensions. In that capacity, he was instrumental in having the State adopt an old-age ...
the gods from engineering's user avatar
2 votes
1 answer
68 views

Equal protection, discrimination, and real estate

I am curious about the apparent success of ethnically restrictive laws on residence or property ownership after the fourteenth amendment was ratified. Hansberry v. Lee, 311 U.S. 32 (1940) ruled that a ...
WGroleau's user avatar
  • 802
21 votes
3 answers
5k views

What is the purpose of pardoning powers?

Various countries have pardoning powers given to either the president or the governor, this is secured as a constitutional right of the president and governor. What is the purpose of such powers? Is ...
user avatar
0 votes
4 answers
281 views

What are some new examples of judge made law?

What are some recent examples of judge made law? (On both the criminal and civil side.) I am not looking for interpretations in long standing common law. I am looking for development of a new ...
Naftali Tzvi's user avatar
3 votes
1 answer
159 views

Did anti Miscegenation laws concern themselves either more with pairings of black men and white women, vice versa, or neither in particular? [closed]

I wonder which was more common in the era of those laws, and that in itself might be off topic, but as the laws of coverture treated men and women fundamentally differently, I am wondering if these ...
TylerDurden's user avatar
0 votes
3 answers
187 views

Why is it called Civil Law? What's "civil" about it?

Why is a civil legal system referred to as a system of “civil” law? In what sense is it “civil”? Does the name derive from origins in or association with the civil code or code civil? In this case, ...
TylerDurden's user avatar

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