Legal Definitions - brev. sel.

Brev. sel. is an abbreviation for the Latin term brevia selecta, which translates to "selected writs." Historically, this refers to a curated collection of important or representative legal writs. In the common law system, a writ was a formal written order issued by a sovereign or court, which was often a necessary document to initiate a specific type of legal action. A collection of brevia selecta served as a crucial resource for legal scholars, students, and practitioners to understand the established forms, procedures, and underlying principles of various legal claims.

Here are some examples illustrating the application of brevia selecta:

• Example 1: Historical Legal Education
  Imagine a law student in 16th-century England who is learning about the different ways to recover land that has been unlawfully taken. To understand the precise legal mechanisms, they would consult a volume of brevia selecta to study the exact wording and conditions of writs like the "writ of right" or the "writ of novel disseisin."

  This example demonstrates how a collection of selected writs would be used for educational purposes, allowing students to grasp the historical forms and procedures required to initiate specific legal actions.

• Example 2: Practical Legal Reference
  Consider a medieval lawyer advising a client who believes their feudal lord has unjustly seized their property. Before drafting any documents, the lawyer would refer to a compilation of brevia selecta to identify the most appropriate and effective writ to challenge the lord's actions, ensuring the legal process was initiated correctly according to established forms.

  This illustrates the practical application of brevia selecta as a reference tool for legal practitioners, helping them select the correct procedural instrument to pursue a client's claim.

• Example 3: Development of Legal Remedies
  In an early common law court, a judge might encounter a novel dispute for which no exact precedent or writ perfectly fits. By reviewing a collection of brevia selecta, the judge could analyze the principles embedded in existing writs (such as those for trespass or debt) to determine if an established form could be adapted or extended to address the new situation, thereby contributing to the evolution of legal remedies.

  This highlights the role of selected writs in the development of common law, showing how existing legal forms and their underlying logic could inform the creation of new solutions for emerging legal problems.