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Legal Definitions - judicial assize

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Definition of judicial assize

A judicial assize refers to a historical practice where judges would travel periodically to different regions or counties to hold court sessions and administer justice, particularly for serious criminal cases. These sessions were a way to ensure that justice was accessible throughout a kingdom or territory, rather than requiring all litigants to travel to a central court. The term can also refer to the specific court or panel of judges convened for these traveling sessions.

  • Imagine a scenario in 16th-century England where a remote county experiences a series of serious crimes, such as highway robbery and murder. Instead of the accused individuals and witnesses having to journey to London for trial, a group of royal judges would periodically travel to the county town. The formal court session they held there, where they presided over these criminal trials and delivered judgments, would be known as a judicial assize for that county.

  • Consider a British colony in the 18th century, where the colonial capital was far from many developing settlements. To maintain law and order and ensure that justice was dispensed throughout the territory, judges might travel from the capital to various provincial towns once or twice a year. The court proceedings held during these visits, addressing local disputes, land claims, and criminal offenses, would constitute a judicial assize, bringing the authority of the central government's justice system to the remote areas.

  • In a historical context, if a particular statute or royal decree mandated that judges must visit specific towns annually to review local governance, hear appeals, and try significant cases, the entire event of their arrival and the subsequent court sittings would be referred to as a judicial assize. For example, a decree might establish a "Grand Assize" to be held in four major provincial cities each year, where judges would address all outstanding felony cases and serious civil disputes that had accumulated since their last visit.

Simple Definition

A judicial assize historically referred to a session of judges, often traveling on circuit, to hear cases and administer justice in various parts of a country. It essentially functioned as a traveling court or a specific sitting of judges.

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