| 词条 | Barratry (common law) |
| 释义 |
Although it remains a crime in some jurisdictions, barratry has frequently been abolished as being anachronistic and obsolete. If barratrous litigation is deemed to be for the purpose of silencing critics, it is known as a strategic lawsuit against public participation (SLAPP). Jurisdictions that otherwise have no barratry laws may have SLAPP laws. In admiralty law, barratry is misconduct by the master or crew of a vessel against the shipowner (or demise charterer), such misconduct damaging the ship or its cargo. Barratry by countryAustraliaIn Australia, the term barratry is predominantly used in the first sense of a frivolous or harassing litigant. The concept has fallen into disuse in Australia.[2] New South WalesThe offence of being a common barrator was abolished in New South Wales by Section 4A of the Maintenance, Champerty and Barratry Abolition Act 1993. CanadaIn Canada, barratry, alongside all common law offences except contempt of court, were abolished by the 1953 consolidation of the Criminal Code. United KingdomEngland and WalesIn England and Wales the common law offence of being a common barrator was abolished by section 13(1)(a) of the Criminal Law Act 1967. HistoryBeing a common barrator was an offence under the common law of England. It was classified as a misdemeanor. It consisted of "persistently stirring up quarrels in the Courts or out of them". It is uncertain whether, in the ordinary way, persons charged with commission of the offence were dealt with by indictment.[3] There were two such cases tried at the Old Bailey, one in 1735 and the other in 1741. In both cases, the finding was not guilty.[4] In 1966, the Law Commission recommended for the offence to be abolished.[5] It said that there had been no indictments for this offence for "many years" and that, as an indictable misdemeanor, it was "wholly obsolete".[3] Its recommendation was implemented by the Criminal Law Act 1967. ScotlandIn Scots law, barratry referred to the crime committed by a judge who is induced by bribery to pronounce judgment. United StatesSeveral jurisdictions in the United States have declared barratry (in the sense of a frivolous or harassing litigant) to be a crime as part of their tort reform efforts. For example, in the U.S. states of California, Oklahoma, Pennsylvania, Virginia, and Washington, barratry is a misdemeanor.[6][7] In Texas, barratry is a misdemeanor on the first conviction, but a felony on subsequent convictions.[8]
OtherIn his Inferno, Canto XXI, Dante places barrators in the Eighth Circle, fifth bolgia of Hell.[10] See also
References1. ^Barratry at freedictionary.com 2. ^Discussion Paper 36 (1994) - Barratry, Maintenance and Champerty. Law Reform Commission, New South Wales. Accessed August 12, 2009. 3. ^1 The Law Commission, Proposals to Abolish Certain Ancient Criminal Offences (Law Com 3), paragraph 2 4. ^[https://www.oldbaileyonline.org/search.jsp?count=0&_offences_offenceCategory_offenceSubcategory=breakingPeace_barratry&form=stats_offences Searched for all offences where offence category is barratry] Old Bailey Online 5. ^The Law Commission, Proposals to Abolish Certain Ancient Criminal Offences (Law Com 3), paragraphs 7 and 8 6. ^People v. Sanford, 202 Cal. App. 3d Supp. 1 (1988); 18 Pa.C.S. 5109. 7. ^Okla. Stat. tit. 21 § 550-551. 8. ^Texas Penal Code section 38.12 9. ^RCW 9.12.010 Barratry, Revised Code of Washington. Accessed 2012-3-3. 10. ^{{Cite web|title = 9 Circles of Hell (Dante's Inferno) - History Lists|url = http://historylists.org/art/9-circles-of-hell-dantes-inferno.html|website = historylists.org|accessdate = 2015-06-15}} External links{{EB1911 poster|Barratry}} 6 : Abuse of the legal system|Civil law (common law)|Crimes|Criminal law|Common law legal terminology|Common law offences in England and Wales |
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