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Debtor's Prison
A debtors' prison is a prison for Natural person, people who are unable to pay debt. Until the mid-19th century, debtors' prisons (usually similar in form to locked workhouses) were a common way to deal with unpaid debt in Western Europe.Cory, Lucinda"A Historical Perspective on Bankruptcy" , ''On the Docket'', Volume 2, Issue 2, U.S. Bankruptcy Court, District of Rhode Island, April/May/June 2000, retrieved December 20, 2007. Destitute people who were unable to pay a court-ordered judgment would be incarcerated in these prisons until they had worked off their debt via labour or secured outside funds to pay the balance. The product of their labour went towards both the costs of their incarceration and their accrued debt. Increasing access and lenience throughout the history of bankruptcy law have made prison terms for unaggravated indigence obsolete over most of the world. Since the late 20th century, the term ''debtors' prison'' has also sometimes been applied by critics to crim ...
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Courtyard Of The Prison Grounds
A courtyard or court is a circumscribed area, often surrounded by a building or complex, that is open to the sky. Courtyards are common elements in both Western and Eastern building patterns and have been used by both ancient and contemporary architects as a typical and traditional building feature. Such spaces in inns and public buildings were often the primary meeting places for some purposes, leading to the other meanings of Court (other), court. Both of the words ''court'' and ''yard'' derive from the same root, meaning an enclosed space. See yard (land), yard and garden for the relation of this set of words. In universities courtyards are often known as quadrangle (architecture), quadrangles. Historic use Courtyards—private open spaces surrounded by walls or buildings—have been in use in residential architecture for almost as long as people have lived in constructed dwellings. The courtyard house makes its first appearance –6000 BC (calibrated), in ...
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Trial In Absentia
Trial in absentia is a criminal proceeding in a court of law in which the person being tried is not present. is Latin for "in (the) absence". Its interpretation varies by jurisdiction and legal system. In common law legal systems, the phrase is more than a spatial description. In these systems, it suggests a recognition of a violation of a defendant's right to be present in court proceedings in a criminal trial. Conviction in a trial in which a defendant is not present to answer the charges is held to be a violation of natural justice. Specifically, it violates the second principles of natural justice, principle of natural justice, (hear the other party). In some Civil law (legal system), civil law legal systems, such as that of Italy, is a recognized and accepted defense strategy. Such trials may require the presence of the defendant's lawyer, depending on the country. Europe Member states of the Council of Europe that are party to the European Convention on Human Rights ...
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Trover
Trover () is a form of lawsuit in common law jurisdictions for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (see replevin). Overview Although actions in trover can be traced to the time of Bracton, and later Edward I of England, it became more clearly defined later during the reign of Henry VI of England, 1422–1461 and 1470–1471. Action in trover became a mature legal doctrine during the reign of Elizabeth I of England, 1558–1603. Early trover cases involved the keeping or taking of a bailment by the bailee (the person charged to hold the property with "ordinary care"). Others concerned the use of lost chattels found by another and determining who was the real owner. Early on, there was difficulty in dealing with situations where chattels held by a bailee were used by a ...
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Replevin
Replevin () or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevin" is of Anglo-Norman origin and is the noun form of the verb "replevy". This comes from the Old French , derived from ("to pledge"), which is derived from the Latin ("to redeem a thing taken by another"). Nature In ''The Law of Torts'', John Fleming has written: In common law, several types of action existed with respect to deprivation of possession (being subdivided into the wrongful taking of chattels and the unjust detention of them, even where the original taking was lawful): * In the case of wrongful taking: ** A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature of a redelivery of the pledge or the ...
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Fine (penalty)
A fine or mulct (the latter synonym typically used in Civil law (common law), civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other Offense (law), offense. The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement (law), settlement of a Claim (legal), claim. One typical example of a fine is money paid for violations of traffic laws. In English law, English common law, relatively Standard scale, small fines are used either in place of or alongside community service orders for low-level criminal offences. More considerable fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a large amount of retribution is necessary, but there is unlikely to be a significant danger to the public. ...
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Ancien Régime
''Ancien'' may refer to * the French word for " ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France {{disambig ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Member states of the Council of Europe, Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity. The convention established the European Court of Human Rights (generally referred to by the initials ECtHR). Any person who feels their rights have been violated under the convention by a state party can take a case to the court. Judgments finding violations are binding on the states concerned and they are obliged to execute them. The Committee o ...
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Debt Bondage
Debt bondage, also known as debt slavery, bonded labour, or peonage, is the pledge of a person's services as security for the repayment for a debt or other obligation. Where the terms of the repayment are not clearly or reasonably stated, or where the debt is excessively large, the person who holds the debt has thus some control over the laborer, whose freedom depends on the undefined or excessive debt repayment. The services required to repay the debt may be undefined, and the services' duration may be undefined, thus allowing the person supposedly owed the debt to demand services indefinitely. Debt bondage can be passed on from generation to generation. In 2021, the International Labour Organization estimated that, of the 27.6 million people currently participating in forced labour, 20.9%, or about 5.8 million, were in debt bondage. Debt bondage has been described by the United Nations as a form of "Contemporary slavery, modern day slavery", and the Supplementary Convention on ...
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Indentured Servant
Indentured servitude is a form of Work (human activity), labor in which a person is contracted to work without salary for a specific number of years. The contract called an "indenture", may be entered voluntarily for a prepaid lump sum, as payment for some good or service (e.g. travel), purported eventual compensation, or debt repayment. An indenture may also be imposed involuntarily as a Sentence (law), judicial punishment. The practice has been compared to the similar institution of slavery, although there are differences. Historically, in an apprenticeship, an apprentice worked with no pay for a master tradesman to learn a craft, trade. This was often for a fixed length of time, usually seven years or less. Apprenticeship was not the same as indentureship, although many apprentices were tricked into falling into debt and thus having to indenture themselves for years more to pay off such sums. Like any loan, an indenture could be sold. Most masters had to depend on middlemen o ...
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Serf
Serfdom was the status of many peasants under feudalism, specifically relating to manorialism and similar systems. It was a condition of debt bondage and indentured servitude with similarities to and differences from slavery. It developed during late antiquity and the Early Middle Ages in Europe and lasted in some countries until the mid-19th century. Unlike slaves, serfs could not be bought, sold, or traded individually, though they could, depending on the area, be sold together with land. Actual slaves, such as the kholops in Russia, could, by contrast, be traded like regular slaves, abused with no rights over their own bodies, could not leave the land they were bound to, and marry only with their lord's permission. Serfs who occupied a plot of land were required to work for the lord of the manor who owned that land. In return, they were entitled to protection, justice, and the right to cultivate certain fields within the manor to maintain their own subsistence. Serfs wer ...
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