Simple English definitions for legal terms
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Term: INDICAVIT
Definition: Indicavit is a legal term that means "he has indicated". It refers to a writ of prohibition used by a church patron to move an ecclesiastical-court action between two clerics who dispute each other's right to a benefice to a common-law court. This writ has been available for a long time, and it was used when one cleric was appointed by a certain patron and the other cleric was appointed by another patron. The writ is no longer used today, but it was an important tool for resolving disputes over clerics' rights to a benefice.
Definition: Indicavit (in-di-kay-vit) is a legal term that means "he has indicated." It refers to a writ of prohibition used by a church patron to remove an ecclesiastical-court action between two clerics who dispute each other's right to a benefice to a common-law court.
Example: In the past, actions concerning clerics' rights to a benefice were usually tried in ecclesiastical courts. However, if the action involved a church patron in some way, such as when one cleric was appointed by a certain patron and the other cleric was appointed by another patron, the action could be removed to a common-law court using the writ of indicavit.
Explanation: The example illustrates how the writ of indicavit was used to remove an ecclesiastical-court action to a common-law court. If two clerics disputed each other's right to a benefice, the action would usually be tried in an ecclesiastical court. However, if the action involved a church patron, the church patron could use the writ of indicavit to remove the action to a common-law court. This allowed the church patron to have more control over the outcome of the case.