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LSDefine

Simple English definitions for legal terms

petty assize

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A quick definition of petty assize:

A petty assize is a type of court session where a jury is assembled to decide on questions of possession or ownership of land. It is started by an original writ that specifies the questions to be asked to the jury. The petty assizes include novel disseisin, mort d'ancestor, utrum, and darrein presentment. The word "assize" originally meant the sitting of a court or assembly and later came to denote the enactments passed at such a court or assembly.

A more thorough explanation:

Definition: A type of assize, which is a session of a court or council, that is begun by an original writ. Petty assizes were characterized by the form of the writ, which specified the questions to be put to the panel, and ordered that a panel be assembled. The petty assizes were novel disseisin, mort d'ancestor, utrum, and darrein presentment.

Example: If someone was claiming that they were wrongfully kicked off of their land, they could use the petty assize of novel disseisin to have a jury determine if they were illegally put out of their holding. The jury would then bring their findings before the court, and if they found that the person was wrongfully kicked off their land, the court would restore the land to them.

This example illustrates how the petty assize was used to determine questions of possession, specifically in cases where someone was claiming that they were wrongfully kicked off their land.

petty | petty average

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