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Legal Definitions - amercement

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Definition of amercement

Amercement refers to a financial penalty or fine imposed by a court, often at its discretion, typically against an individual who has failed to perform a required duty or has engaged in misconduct. While it can apply to various individuals, it is historically and often used in cases involving public officials or those with specific duties to the court.

  • Example 1: Court Clerk's Negligence

    Imagine a court clerk who repeatedly fails to properly process and file important legal documents, leading to significant delays in several ongoing cases. A judge, after reviewing the situation, might impose an amercement on the clerk. This penalty would be a financial consequence for the clerk's negligence and failure to uphold their official duties, with the specific amount determined by the judge based on the severity and impact of the errors.

  • Example 2: Juror's Failure to Appear

    If a person summoned for jury duty fails to appear in court on the designated day without a valid excuse, causing a delay in the trial and wasting court resources, the judge could impose an amercement. This discretionary fine would serve as a penalty for the juror's dereliction of their civic duty and their failure to comply with a court order.

  • Example 3: Attorney's Repeated Non-Compliance

    Consider an attorney who, despite multiple warnings, consistently misses court-ordered deadlines for submitting documents or fails to appear for scheduled hearings, thereby disrupting the judicial process. A judge might decide to impose an amercement on the attorney. This financial penalty would be a direct consequence of the attorney's professional misconduct and their failure to adhere to the court's rules and orders, reflecting the court's power to enforce compliance.

Simple Definition

Amercement refers to a discretionary fine or penalty imposed by a court. This penalty is typically levied against an official for misconduct, and the term encompasses both the act of imposing it and the fine itself.

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