Legal Definitions - cassetur breve

Cassetur Breve is a historical legal term, originating from Latin, meaning "that the writ be quashed." It refers to a court judgment that cancels or annuls a legal action that was initiated by a formal written order from the court, known as a "writ." Essentially, if a court issued a cassetur breve, it meant the legal proceedings started by that particular writ were brought to an end because the writ itself was deemed invalid, improperly issued, or fundamentally flawed. This term is no longer in common use in modern legal systems.

Here are some examples illustrating how cassetur breve would have applied historically:

• Procedural Flaw in Issuance: Imagine in 18th-century England, a plaintiff initiated a lawsuit against a neighbor by obtaining a "writ of trespass" from the court. However, it was later discovered that the writ was issued by a court official who lacked the proper authority for that specific type of case, or it contained a significant procedural error in its drafting, such as incorrect dates or parties. A judge, upon reviewing the matter, might issue a cassetur breve, effectively canceling the trespass lawsuit because the foundational document (the writ) was invalid. This illustrates cassetur breve as a judgment that terminates an action due to a flaw in the initiating writ itself.

• Lack of Proper Jurisdiction: Consider a historical scenario where a plaintiff sought to recover a debt using a "writ of debt" in a local court. During the early stages of the proceedings, it became clear that the amount of the debt or the nature of the parties involved fell outside the specific jurisdiction or authority of that particular court. This meant the court was not legally empowered to hear that type of case. Rather than dismiss the entire case on its merits, the court might issue a cassetur breve, thereby quashing the writ itself and ending the action in that specific court because the writ was improperly brought before it.

• Substantive Legal Deficiency: In a historical context, a person might have obtained a "writ of right" to claim ownership of a piece of land. If, during the initial review by the court, it was determined that the writ was based on a legal theory or a set of facts that, even if true, did not legally entitle the plaintiff to the land under the specific requirements for that particular type of writ, the court could issue a cassetur breve. This would mean the legal action initiated by that specific writ was canceled because the writ itself was fundamentally deficient in its legal basis, preventing the case from proceeding further under that particular legal instrument.