trial by battle

trial by battle
an ancient form of alternative dispute resolution by which parties fought each other to the death. Champions could be substituted. It was abolished in England after the case of Ashford v. Thornton (1818) 1 B. & Ald. 405. In Scotland, it took longer for a final determination on competency, a ruling on the point being sought only in 1985.

Collins dictionary of law. . 2001.

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  • trial by battle — or trial by combat : a trial of a dispute formerly determined by the outcome of a personal battle or combat between the parties or in an issue joined upon a writ of right between their champions called also judicial combat, wager of battle * * *… …   Useful english dictionary

  • Trial by Battle or Combat — A form of trial often open to gentles of the knightly class, generally to fend off a charge of treason or dishonorable conduct. Generally fought to the death; the defeated opponent was generally removed from the lists and executed. See also… …   Medieval glossary

  • Trial by Battle — Medieval process of determining guilt, or a dispute, by combat between the accuser and the accused. Sometimes, champions were permitted. The assumption was that God would intervene and decide the case. Officially abolished in Britain in 1819 …   Medieval glossary

  • Trial by combat — [trial by battle] An aspect of Norman law brought to England by the Conquest of 1066. It was believed that right would always triumph, even in physical contests. The practice had largely died out by the late 13c, though examples can be found as… …   Dictionary of Medieval Terms and Phrases

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