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    writ of appeal

    I'm not sure that "a writ of appeal" is really understandable in British Isles. As far as I know it is a chief American legal term. Or am I wrong? Do the English use another term instead of this?


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    Re: writ of appeal

    Henry II also made the law more impersonal and less vindictive. In 1166, the Assize of Clarendon prohibited the prosecution of anyone who had not first been accused by a "presenting jury" of 12 to 16 men from the community in which the crime occurred. The presenting jury fore-shadowed the modern Grand Jury as an accusatory body that identified persons for prosecution but made no determination as to guilt or innocence. The presenting jury was seen as a more neutral and detached alternative to the system it replaced, which required the alleged victims, some of whom were waging a personal vendetta against the accused person, to identify alleged criminals for prosecution.

    The writ de odio et atia provided additional safeguards for defendants wrongfully accused of criminal activity, by permitting the defendant to appeal legal issues to the King's Court in cases where the complainant was proceeding out of spite or hatred. This writ of appeal was an early precursor to the modern appellate system in the United States, which similarly permits parties to appeal legal issues they believe did not receive appropriate consideration at the trial level.

    The presenting jury and writ of appeal underpin two beliefs that have been crucial to the development of the English and U.S. systems of justice. The first is the belief that a wrongfully accused person is no less a victim than is the target of civil or criminal malfeasance. The second is the belief that the legal system must provide an impartial forum for seeking the truth in disputed legal claims. These two beliefs paved the way for an assortment of procedural and evidentiary protections that have evolved to protect innocent persons from being unjustly convicted in criminal cases, and to keep prejudices from biasing judges and jurors in civil cases.

    You can read more at:
    Law of England and Wales legal definition of Law of England and Wales. Law of England and Wales synonyms by the Free Online Law Dictionary.

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