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Simple English definitions for legal terms
odio et atia
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A quick definition of odio et atia:
ODIO ET ATIA: A legal term that means "of hatred and malice." It refers to a writ that was used in the past to determine if a person who was jailed for murder was charged for a good reason or just because someone didn't like them. The writ would summon a 12-member jury to investigate and decide if the prisoner should be released on bail. If the prisoner was accused out of spite or acted in self-defense, they would be released on bail. This writ was first mentioned in Magna Carta and is similar to habeas corpus.
A more thorough explanation:
Definition: Odio et atia is a legal term that means "of hatred and malice." It refers to a writ that orders a sheriff to summon a 12-member jury to investigate whether a prisoner jailed for murder was charged for a good reason or only because of ill-will. The jury would also determine whether bail should be set for the prisoner.
Example: If someone is accused of murder, but it is suspected that the charges were brought against them out of spite or malice, a writ of odio et atia may be issued. The jury would then investigate the circumstances surrounding the charges and determine whether bail should be set for the accused.
This writ is similar to habeas corpus and was first mentioned in Magna Carta. It was an important legal protection for individuals who were wrongly accused of crimes and faced imprisonment without just cause.