Legal Definitions - false judgment

False judgment refers to a historical legal procedure in English law. It was a specific type of legal document, known as a "writ," that an individual would file to challenge or seek a review of a decision made by a court that was not considered a "court of record."

Historically, courts were categorized as either "courts of record" or "courts not of record." Courts of record, such as the King's Bench or Common Pleas, maintained formal, permanent, and authoritative written records of their proceedings, judgments, and evidence. These records were considered conclusive proof of what transpired. In contrast, "courts not of record" typically handled more local, minor, or temporary matters and did not keep such comprehensive official documentation. Because their proceedings were not formally recorded, a standard "writ of error" (used to challenge decisions from courts of record) was not applicable. Instead, the writ of false judgment allowed a higher court to re-examine the case from a lower court not of record, determining if the original judgment was incorrect or unjust.

Here are some examples illustrating the historical application of a writ of false judgment:

• Manorial Court Dispute: Imagine a dispute in 17th-century England between two villagers over the right to collect firewood from a particular woodland. The local Manorial Court, presided over by the lord's steward, makes a ruling that one villager believes is unfair and based on a misinterpretation of local custom. Since Manorial Courts were typically not courts of record and did not keep formal, permanent transcripts of their proceedings, the aggrieved villager could not use a standard "writ of error." Instead, they would file a writ of false judgment to have the case reviewed by a superior court, arguing that the Manorial Court's decision was erroneous and should be overturned.

• Court of Piepowder Ruling: During a bustling medieval trade fair, a merchant accuses another of selling faulty goods. The dispute is quickly heard and decided by the local Court of Piepowder (a temporary court set up at fairs to resolve immediate commercial disputes among merchants). If one merchant felt the judgment was unjust or incorrectly applied the fair's customs, they might historically have sought a writ of false judgment to appeal the decision to a higher, more formal court. This was because the Court of Piepowder, being a temporary and informal tribunal, was not considered a court of record, thus requiring this specific type of writ for review.

• Borough Court for Minor Infractions: Consider a small 16th-century borough court that handled very minor local infractions, such as petty theft or disturbances of the peace. If a resident was fined by this court for an offense they believed they did not commit, and the borough court did not maintain formal, detailed records of its proceedings, their only recourse for review might have been to petition a higher court using a writ of false judgment. This allowed the superior court to scrutinize the lower court's decision, which could not be challenged via a standard "writ of error" due to the lower court's non-record status.