Barratry, Barrator

Barratry, Barrator
"Legal Lexicon":
BARRATRY - The practice of instituting groundless judicial proceedings - a crime in a number of jurisdictions.
In old law French barat, baraterie, signifying robbery, deceit, fraud. In modern usage it may be defined as the habitual moving, exciting and maintaining suits and quarrels, either at law or otherwise.
A man cannot be indicted as a common barrator in respect of any number of false and groundless actions brought in his own right, nor for a single act in right of another; for that would not make him a common barrator.
Barratry, in this sense, is different from maintenance and champerty.
An attorney cannot be indicted for this crime merely for maintaining another in a groundless action.
BARRATOR - One who has been guilty of the offence of barratry.
BARRATRY - Maritime Law, Crimes. A fraudulent act of the master or mariners, committed contrary to their duty as such, to the prejudice of the owners of the ship.
The act of Congress of April 30, 1790, s.8, punishes with death as piracy, 'any captain or mariner of any ship or other vessel who shall piratically and feloniously run away with such ship or vessel, or any goods or merchandize to the value of fifty dollars; or yield up such ship or vessel to any pirate or if any such seamen shall lay violent hands upon his commander, thereby to binder or prevent his fighting in defence of his ship or goods committed to his trust, or shall make a revolt in the said ship.'
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English-Chinese law dictionary (法律英汉双解大词典). 2013.

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Look at other dictionaries:

  • barrator — n. One who commits barratry. Also called barrato or common barrator. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • Barrator — Bar ra*tor, n. [OE. baratour, OF. barateor deceiver, fr. OF. barater, bareter, to deceive, cheat, barter. See {Barter}, v. i.] One guilty of barratry. [1913 Webster] …   The Collaborative International Dictionary of English

  • barrator — or barrater [bar′ə tər, ber′ə tər] n. [ME baratour < OFr barateor, swindler < barater, to cheat < barate, fraud, strife < ON baratta, quarrel < berja, to beat < IE base * bher , to cut > L ferire, to strike, kill] a person… …   English World dictionary

  • Barratry — Bar ra*try, n. [Cf. F. baraterie, LL. barataria. See {Barrator}, and cf. {Bartery}.] 1. (Law) The practice of exciting and encouraging lawsuits and quarrels. [Also spelt {barretry}.] Coke. Blackstone. [1913 Webster] 2. (Mar. Law) A fraudulent… …   The Collaborative International Dictionary of English

  • barratry — [bar′ətrē, ber′ətrē] n. [Fr baraterie, orig., misuse of office < barater: see BARRATOR] 1. Obs. the buying or selling of ecclesiastical or civil positions 2. the criminal offense of habitually bringing about quarrels or lawsuits 3. Maritime… …   English World dictionary

  • barratry —   n. unlawful action by captain or seamen injuring owner or freighter of ship; inciting to litigation or riot; simony.    ♦ barrator, n. person habitually entering into quarrels and law suits.    ♦ barratous,    ♦ barratrous, a. quarrelsome;… …   Dictionary of difficult words

  • barrator — also barrater noun Date: 15th century one who engages in barratry …   New Collegiate Dictionary

  • barrator — /bar euh teuhr/, n. Law. a person who commits barratry. Also, barrater, barretor. [1350 1400; ME barettour brawler, fighter < AF barretor, barator, OF barateor, equiv. to barat(er) to make a disturbance, baret(er) to trick, cheat ( < VL *prattare …   Universalium

  • barratry — barratrous, adj. /bar euh tree/, n. Law. 1. fraud by a master or crew at the expense of the owners of the ship or its cargo. 2. the offense of frequently exciting and stirring up lawsuits and quarrels. 3. the purchase or sale of ecclesiastical… …   Universalium

  • barratry — noun /ˈbæɻətɻi/ a) the act of persistently instigating lawsuits, often groundless ones b) the sale and/or purchase of political positions of power See Also: barrator, barratrous, barratrously …   Wiktionary

  • barratry — [ barətri] noun 1》 archaic fraud or gross negligence on the part of a ship s master or crew at the expense of its owners or users. 2》 Law vexatious litigation or incitement to it. 3》 historical trade in the sale of Church or state appointments.… …   English new terms dictionary

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