Legal Definitions - cashlite

The term cashlite is an older, less common term for an amercement.

An amercement is a financial penalty imposed by a court or other authority, where the exact amount of the penalty is not fixed by law but is left to the discretion of the imposing body. Historically, amercements were common punishments for minor offenses, contempt of court, or failure to perform a duty. Unlike a statutory fine, which has a predetermined amount or range set by legislation, an amercement's value is determined by the court or authority based on the specific circumstances of the case and the severity of the transgression.

Here are some examples illustrating the concept of an amercement:

• Example 1: Medieval Feudal Duty

  Imagine a scenario in medieval England where a tenant farmer, bound by feudal obligations, fails to appear at his lord's court when summoned. The lord, acting as the presiding judge, finds the tenant in default of his duty. Instead of a fixed fine, the lord exercises his discretion and imposes an amercement, perhaps requiring the tenant to forfeit a specific number of chickens or a small sum of money, depending on the perceived severity of the disrespect and the tenant's ability to pay.

  This illustrates an amercement because the lord, as the authority, determines the specific penalty amount or form, rather than applying a pre-set, statutory fine.

• Example 2: Modern Contempt of Court

  During a contemporary court hearing, a spectator repeatedly disrupts the proceedings by shouting comments and refusing to be quiet despite warnings from the bailiff and the judge. The judge, finding the spectator in contempt of court, has the authority to impose a financial penalty. The judge decides to impose an amercement of $750, a sum chosen by the judge based on the level of disruption and disrespect shown, rather than a fixed amount mandated by a specific statute for this type of contempt.

  This demonstrates an amercement because the judge has the discretion to set the specific monetary penalty for contempt, rather than being bound by a predetermined fine amount.

• Example 3: Professional Licensing Board Sanction

  A state medical licensing board investigates a doctor for a minor administrative oversight, such as failing to update their contact information promptly. After a hearing, the board finds the doctor in violation of its regulations. The board's rules allow for a discretionary monetary penalty "up to $1,500" for such infractions. The board, considering the minor nature of the oversight and the doctor's otherwise clean record, decides to impose an amercement of $300.

  This example shows an amercement because the licensing board, acting as an administrative authority, has the discretion to determine the precise financial penalty within a specified range, rather than applying a fixed fine for the violation.