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trial by combat

trial by combat. Hist. A trial that is decided by personal battle between the disputants, common in Europe and England during the Middle Ages; specif., a trial in which the person accused fought with the accuser, the idea being that God would give victory to the person in the right. • This method was introduced […]

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desuetude

desuetude (des-w[schwa]-t[y]ood). 1. Lack of use; obsolescence through disuse. 2. The doctrine holding that if a statute or treaty is left unenforced long enough, the courts will no longer regard it as having any legal effect even though it has not been repealed. [Cases: Statutes 173. C.J.S. Statutes § 292.] “[T]he doctrine of desuetude has

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recrimination

recrimination (ri-krim-i-nay-sh[schwa]n), n. 1. Family law. Archaic. In a divorce suit, a countercharge that the complainant has been guilty of an offense constituting a ground for divorce. • When both parties to the marriage have committed marital misconduct that would be grounds for divorce, neither may obtain a fault divorce. Recriminations are now virtually obsolete

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emblemata triboniani

emblemata Triboniani (em-blee-m[schwa]-t[schwa] tr[schwa]-boh-nee-ay-n I). [Latin] Roman law. Alterations, modifications, and additions to the writings of the older jurists that were combined to form the Digest or Pandects, and generally termed interpolations. • Justinian appointed a commission over which Tribonian presided to harmonize contradictions, delete obsolete matter, and bring the law up to date. This

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