[1476] in Humor
HUMOR: All lawyers should have to do this
daemon@ATHENA.MIT.EDU (Andrew A. Bennett)
Fri Jun 7 22:18:02 1996
To: humor@MIT.EDU
Date: Fri, 07 Jun 1996 22:14:30 EDT
From: "Andrew A. Bennett" <abennett@MIT.EDU>
From: mabehr@MIT.EDU
Date: Fri, 07 Jun 1996 15:18:05 EDT
>From: mgallehe@nova.umuc.edu (MJG)
>Newsgroups: misc.legal.moderated
>Subject: Re: Modern applications of ancient precedents
>
>There is a Judge of our local District court (who taught me Tort Law at
>the local College) who is of the opinion that Trial By Combat remains a
>valid form of Ajudicating disputes in MD and as a lawyer he actually
>entered a prayer for trial by combat (it was denied, and his client was
>acquited so he never bothered the appeal). His reasoning is thus:
>
>1) A part of the Maryland Constitution defines the common law of Maryland
>as the Common Law of England as of July 4, 1776
>
>2) In A celebrated case in England in the 1850's a litigant who was due
>to lose a huge case in desperation issued a challenge for trial by combat
>to his opponents and showed up in front of the courthouse in full armor
>at the appointed time. When the other side failed to show up he demanded
>(and got) a victory by default. A reluctant judge concluded that since
>it never been altered by statute, trial by combat was still a valid part
>of English Common Law. An emergency session of Parliment was called the
>next week to formally outlaw the practice once and for all.
>
>3) Maryland however, never followed suit, so technically Trial by combat
>remains "on the books" of MD Common Law...
>
>I can't wait to try this sometime....
