Legal Writing, Civil Litigation, and Agents in the 18th-Century Spanish Imperial World

Author(s):  
Bianca Premo

This purpose of this essay is to reveal the diversity of writers responsible for creating the texts of lawsuits in the Spanish empire. It peeks behind the curtain of pages in civil complaints in an attempt to figure out how legal papers actually made it into the court record and who was doing their writing. While historians have recently thrown a spotlight on various official writers, from notaries to native procurators, in fact unidentified, unofficial writers penned quite a few petitions in civil suits. Knowing who wrote the filings in civil cases has a bearing on our understanding of Spanish imperial subjects, their interactions with the law, and ultimately how much of a hand they had in making their own historical record.

2020 ◽  
Vol 10 (4) ◽  
pp. 418-440
Author(s):  
Chuanzi Cai ◽  
◽  

China has long been the World's Walmart of counterfeits, and the remedies in counterfeiting cases have always been criticized as too small to compensate trademark owners. In the year 2013, China revised its trademark law, which increased the cap of statutory damages and incorporated secondary liability clauses into the law. Does the change of law bring any changes to the remedies granted in counterfeiting civil cases? What are the factors affecting court decisions? Relying on more than 800 civil cases in trademark counterfeiting, this article empirically studies the case characteristics and court decisions to understand the case outcomes and litigation scenario. It reveals the characteristics of civil litigation and factors affecting court decisions on trademark counterfeiting in China. Though there is some literature on remedies in trademark cases, very few analyses focus on courts' legal reasonings or the changes in civil remedies after the law revision. This article tries to fill in this gap, looking through the lens of the law on the books – the law revisions – and the law in practice – the court decisions.


2020 ◽  
Vol 7 (1) ◽  
pp. 11
Author(s):  
Muhammad Fahmi Al Amruzi ◽  
Masyitah Umar ◽  
Anwar Hafidzi

The Sultan Adam Law provides an important and interesting role in the development of the historyof law in the Banjar land. This happened during the reign of Sultan Adam Al-Watsiq Billah from 1825 to 1857AD. This Law contains matters of religion and worship, issues of Governance Law, Marriage Law, JudicialProcedures, Land Law, and Transitional Regulations. This article discusses the role of the Sultan Adam Lawin the resolution of religious problems in the Banjar community in South Kalimantan and in Progressive law.The findings of this study are that the Law of Sultan Adam became the guide of the judges in deciding cases,becoming a unifying instrument of the kingdom, and an antidote to deviant sect that developed in the 18thcentury AD The Sultan Adam Law also exists as a progressive law, because as a a legal instrument, this lawcan come out of existing traditions and be able to respond to problems that occur in society and always try toconstantly find new meanings and not be bound by absolute meanings. This Law is also able to act as a law thatlives in the midst of society and to meet their needs.


2020 ◽  
Vol 22 (2) ◽  
pp. 452-474
Author(s):  
Priyo Handoko

The study aims to provide a constitutional analysis of judicial review (PK) in civil cases for more than once. The research-based is the decision of the Constitutional Court No. 108 / PUU-XIV / 2016 and No. 34 / PUU-XI / 2013 in which the two judgments provide a different classification between criminal and civil cases. The method used in this research is a normative juridical with a conceptual, legislation, and case approach. The results of the study assert that: first, the opportunity for judicial review (PK) more than once in a criminal case is an effort to uphold justice substantively by the Constitutional Court. Whereas the restriction of judicial review (PK) only once in civil cases is intended to guarantee legal certainty. Secondly, there is rational inconsistency in the arguments of the Constitutional Court which is indicated in Decision No. 108 / PUU-XIV / 2016 and No. 34 / PUU-XI / 2013. Both criminal and civil cases must seek to establish and maintain substantial justice, especially since there is a due process of law principle that requires that everyone can get the same opportunity before the law.


1928 ◽  
Vol 26 (7) ◽  
pp. 838
Author(s):  
Maurice R. Norcop ◽  
Burr W. Jones
Keyword(s):  
The Law ◽  

2019 ◽  
pp. 10-36
Author(s):  
Maureen Spencer ◽  
John Spencer

This chapter focuses on the burden of proof and presumption of innocence in criminal and civil cases under Article 6 of the European Convention on Human Rights (ECHR). It considers the influence of the UK’s Human Rights Act 1998 on the allocation of the burden of proof and compares legal/persuasive burden of proof with the evidential burden. It contains a detailed examination of the case law under this Act and the criteria developed to assess where reverse burdens should apply. It draws on academic commentary in making this analysis. It also looks at situations where the legal and the evidential burden may be split. It concludes with an overview of the law on presumptions.


Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo

Chapter 10 begins with a discussion of the relevance of evidence of character. It then deals with the admissibility of character evidence in civil and criminal proceedings. In civil cases, the admissibility of evidence of a party’s bad character is governed simply by the test of relevance. In criminal proceedings, the entitlement of a defendant to a direction on the significance of his or her good character is taken seriously. The Criminal Justice Act 2003 now provides a comprehensive statement of the law on evidence of bad character in criminal proceedings.


Author(s):  
Yanna Yannakakis

“Power of Attorney in Oaxaca, Mexico: Native People, Legal Culture, and Social Networks” is an ongoing digital research project that constructs a geography of indigenous legal culture through digital maps and visualizations. The Power of Attorney website analyzes relationships among people, places, and courts that were created by the granting of power attorney, a notarial procedure common across the Spanish empire. The primary actors in this story are indigenous individuals, communities, and coalitions of communities in the diocese of Oaxaca, Mexico, and the legal agents who represented them, some of whom were untitled indigenous scribes, and others, titled lawyers and legal agents of Spanish descent. The relationship between indigenous litigants and their legal agents created social networks and flows of knowledge and power at a variety of scales, some local and some transatlantic, whose dimensions changed over time. The pilot for the project focuses on the district of Villa Alta, Oaxaca, during the 18th century. “Power of Attorney in Oaxaca, Mexico: Native People, Legal Culture, and Social Networks” is an ongoing digital research project that constructs a geography of indigenous legal culture through digital maps and visualizations. The Power of Attorney (https://www.powerofattorneynative.com/) website analyzes relationships among people, places, and courts that were created by the granting of power attorney, a notarial procedure common across the Spanish empire. The primary actors in this story are indigenous individuals, communities, and coalitions of communities in the diocese of Oaxaca, Mexico, and the legal agents who represented them, some of whom were untitled indigenous scribes, and others, titled lawyers and legal agents of Spanish descent. The relationship between indigenous litigants and their legal agents created social networks and flows of knowledge and power at a variety of scales, some local and some transatlantic, whose dimensions changed over time. The pilot for the project focuses on the district of Villa Alta, Oaxaca, during the 18th century. The multiscalar narrative of the Power of Attorney project speaks to multiple audiences, and the digital multimedia format allows visitors to further tailor their interactions with information. The site operates on many levels. It provides maps and visualizations based on original research, data culled from primary sources that can be used as a research tool, historical and geographical background information, information about how to read letters of attorney, and microhistorical narratives of power of attorney relationships. For undergraduates learning about the relationship between Spanish administration and pueblos de indios, the maps and visualizations provide an at-a-glance overview of the spatial and social connections among Indian towns, ecclesiastical and viceregal courts, and the court of the king in Madrid from the perspective of an indigenous region rather than a top-down perspective. Graduate students and scholars interested in the production of notarial records in native jurisdictions, social history and ethnohistorical methodology and the relationship between local and transatlantic processes can explore the maps, visualizations, and data in greater detail. An educated general audience interested in the history of Oaxaca’s native peoples can find a general introduction to the region, its history and geography, and the long-standing relationship between Mexico’s native people and the law.


Author(s):  
Terri L. Snyder

Everywhere across European and Indigenous settlements in 17th- and 18th-century North America and the Caribbean, the law or legal practices shaped women’s status and conditioned their dependency, regardless of race, age, marital status, or place of birth. Historians have focused much of their attention on the legal status, powers, and experiences of women of European origin across the colonies and given great consideration to the law of domestic relations, the legal disabilities of coverture, and women’s experiences as plaintiffs and defendants, both civil and criminal, in colonial courts. Early American legalities, however, differed markedly for women of color—whether free, indentured, or enslaved, and whether Native or African in origin or descent—whose relationships to the legal regimes of early America were manifold and complex. In their status under the law, experiences at the bar, and, as a result, positions in household polities, women of color reckoned with a set of legalities that differed from those of their European counterparts. The diversity of women’s experiences of the law was shaped not only by race but also by region: Indigenous people had what one historian has labeled jurispractices, while Europeans brought and created a jurisprudence of race and status that shaped treatments of women of color across imperial spaces. A widely comparative analysis of women and the law reflects ways in which race shaped women’s status under and experiences of the law as well as the legalities of their marriages in pre-Revolutionary America.


1896 ◽  
Vol 10 (5) ◽  
pp. 319
Author(s):  
E. S. ◽  
Burr W. Jones
Keyword(s):  
The Law ◽  

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