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Simple English definitions for legal terms
time of memory
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A quick definition of time of memory:
Time of Memory: A really long time ago, before anyone alive today can remember, there was a time when things were done a certain way. This time is so far back that there is no proof that things were different. In the law, this time is usually considered to be before the year 1189. It's also called time out of memory or time out of mind. Sometimes, there are things that happened even before this time that we can't know about because it's beyond what the law can remember.
A more thorough explanation:
Definition: Time of memory refers to a point in time that is so far back that no living person has knowledge or proof contradicting the right or custom alleged to have existed since then. It can also refer to a point in time beyond which legal memory cannot go or a very long time.
- According to common law, time immemorial was fixed as the year 1189, the year that Henry II of England died. This means that any right or custom that has been in existence since that time is considered valid and cannot be challenged.
- Legal memory in England and Wales extends back to the year 1285. This means that any legal claim or dispute that arose before that time is considered to be outside the scope of legal memory and cannot be enforced.
- The ancient ruins of Stonehenge have been standing for a time of memory, as they were built over 4,000 years ago.
These examples illustrate the concept of time of memory by showing how it is used to establish the validity of rights and customs, as well as the limits of legal memory. They also demonstrate how it can refer to a very long time, such as the age of ancient monuments like Stonehenge.