Barratry (other)
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Barratry (other)
Barratry is a legal term with several meanings. It can refer to: *Simony, its original meaning in English, along with the sale of public offices. *Barratry (common law), litigation for the purpose of harassment or profit *Ambulance chasing, when a lawyer seeks clients at a disaster site *Barratry (admiralty law), misconduct by crew of a ship resulting in its damage * Barratry, an old name for graft (politics) Graft, as understood in American English, is a form of political corruption defined as the unscrupulous use of a politician's authority for personal gain. Political graft occurs when funds intended for public projects are intentionally misdirecte ...
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Simony
Simony () is the act of selling church offices and roles or sacred things. It is named after Simon Magus, who is described in the Acts of the Apostles as having offered two disciples of Jesus payment in exchange for their empowering him to impart the power of the Holy Spirit in Christianity, Holy Spirit to anyone on whom he would Laying on of hands, place his hands. The term extends to other forms of trafficking for money in "spiritual things". Origin The earliest church legislation against simony may be that of the forty-eighth canon of the Synod of Elvira (), against the practice of making a donation following a baptism. Following the Edict of Milan (313), the increased power and wealth of the church hierarchy attracted simony. There are several accusations of simony (not by that name) against Arianism, Arians, from Athanasius of Alexandria, Hilary of Poitiers, Pope Liberius and Gregory of Nazianzus. Many Church Fathers, such as Ambrose, spoke out against the selling of mini ...
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Barratry (common Law)
Barratry ( , from Old French ("deceit, trickery")) is a legal term that, at common law, described a criminal offense committed by people who are overly officious in instigating or encouraging prosecution of groundless litigation, or who bring repeated or persistent acts of litigation for the purposes of profit or harassment. 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. Barratry by country Australia In 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. New South Wales The offence of being a common barrator was abolished in New South Wales by Section 4A of the Maintenanc ...
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Ambulance Chasing
Ambulance chasing, also known as barratry, is an American term which refers to a lawyer soliciting for clients at a disaster site. The term "ambulance chasing" comes from the stereotype of lawyers who follow ambulances to the emergency room to find clients. "Ambulance chaser" is used as a derogatory term for a personal injury lawyer. Ambulance chasing is also associated with runners and cappers, non-attorneys who are hired by lawyers to seek out client leads (such as through trawling social media feeds or directly soliciting the attorneys' services towards victims). History In 1881, Edward Watkin of the South Eastern Railway (England) complained about attorneys who solicited business from passengers after accidents: "Now, there is a very admirable body called the ' Law Association, Watkin added. "Why does not the Law Association take hold of cases of that kind?" Description Ambulance chasing is prohibited in the United States by state rules that follow Rule 7.3 of the American ...
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Barratry (admiralty Law)
In admiralty law, barratry is an act of gross misconduct committed by a master or crew of a vessel resulting in damage to the vessel or its cargo. These activities may include desertion, illegal scuttling, theft of the ship or cargo, and any act carried out against the best interests of the shipowner. As barratry is considered misconduct against the shipowner (or demise charterer), who is the only party having standing to sue for damages, any affected owners of cargo must normally bring claims against the shipowner (or demise charterer) for breach of contract of carriage to receive compensation. Description Barratry is defined in the Marine Insurance Act 1906 as "every wrongful act wilfully committed by the master or crew to the prejudice of the owner, or, as the case may be, the charterer" and thus usually considered a crime against the ship's owner. Therefore, if the owner himself chooses to wreck the ship, no crime is committed, as the owner has simply destroyed his own pr ...
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