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Simple English definitions for legal terms
petition of right
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A quick definition of petition of right:
The Petition of Right is a document that was created in England in 1628. It is one of the four important documents that protect the rights and freedoms of English citizens. The Petition of Right says that the government cannot force people to give money or pay taxes without the agreement of the people's representatives in Parliament. It also allows people to make claims against the government if they believe the government has taken their property or broken a contract. Even though the petition is addressed to the King or Queen, the courts will decide if the claim is valid.
A more thorough explanation:
A petition of right is a legal document that establishes certain rights and liberties of English citizens. It is one of the four great charters of English liberty, along with Magna Carta, the Habeas Corpus Act, and the Bill of Rights.
The petition of right, established in 1628, states that no man can be forced to give any gift, loan, tax, or charge without the common consent of parliament. This means that the government cannot take money or property from citizens without their agreement.
In addition to this, a petition of right can also be used by a subject to claim that the Crown owes them a debt or has wrongfully taken their property. This is done through a legal proceeding in chancery, where the courts will adjudicate the claim just as they would in a case between private parties.
For example, if a citizen believes that the government has taken their property without just cause, they can file a petition of right to have the courts review the case and determine if the government acted lawfully.