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Simple English definitions for legal terms
de moderata misericordia capienda
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A quick definition of de moderata misericordia capienda:
Term: DE MODERATA MISERICORDIA CAPIENDA
Definition: De moderata misericordia capienda is a legal term that means "for taking a moderate amercement." It refers to a writ that was used in the past to order a bailiff to take a fair penalty from someone who had been punished too harshly in a court that was not recorded. This writ was based on Magna Carta, a document that protected the rights of English citizens.
A more thorough explanation:
DE MODERATA MISERICORDIA CAPIENDA
De moderata misericordia capienda is a Latin term used in law which means "for taking a moderate amercement". It refers to a writ that was issued to a bailiff to impose a reasonable penalty on a party who had been excessively penalized in a court that was not of record. This writ was based on the principles of Magna Carta.
An example of de moderata misericordia capienda would be if a person was fined an excessive amount by a court that was not of record. The person could then request a writ to be issued to a bailiff to impose a more reasonable penalty.
Another example would be if a person was punished too harshly for a crime they committed. They could then request a writ to be issued to a bailiff to impose a more moderate punishment.
The examples illustrate how de moderata misericordia capienda was used to ensure that penalties and punishments were not excessive. This writ allowed for a more reasonable penalty to be imposed on a party who had been unfairly penalized. It was a way to protect the rights of individuals and ensure that justice was served fairly.