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Legal Definitions - contraplacitum

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Definition of contraplacitum

Contraplacitum is a historical legal term that refers to a formal objection or challenge raised by one party in a lawsuit against a claim or argument made by the opposing party. It was essentially a counter-argument or a defense presented to refute the initial assertion.

Here are some examples to illustrate this concept:

  • Imagine a scenario in medieval England where Lord Beaumont brings a claim against Farmer Giles, asserting that a specific parcel of land within Giles's farm rightfully belongs to Lord Beaumont's estate. Farmer Giles, through his representative, presents a formal document and testimony arguing that his family has continuously farmed and held title to that land for generations, predating Lord Beaumont's claim, thereby challenging the lord's assertion of ownership. This formal rebuttal to the lord's claim is a contraplacitum.

  • Consider a situation where a guild master, Master Elara, sues a former apprentice, Thomas, claiming Thomas failed to complete his apprenticeship terms and therefore owes a penalty fee as per their agreement. Thomas responds by presenting witnesses and records demonstrating that Master Elara had, in fact, released him early from his apprenticeship due to a severe illness, thus invalidating the claim for a penalty fee. Thomas's formal defense directly challenging Master Elara's accusation constitutes a contraplacitum.

  • In a historical court, a local baron accuses a villager, Agnes, of trespassing on his hunting grounds and poaching deer, demanding a fine and punishment. Agnes, through her advocate, formally argues that she was merely collecting fallen firewood from a common area adjacent to the hunting grounds, an activity permitted by local custom, and was not on the baron's private land nor engaged in poaching. Her formal denial and alternative explanation serve as a contraplacitum against the baron's accusation.

Simple Definition

Contraplacitum is a historical legal term derived from Latin, referring to a "counterplea." In past legal proceedings, it was a formal pleading or objection made by one party to challenge or oppose a plea or claim previously put forth by the opposing party.

A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.

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