De homine capto in withernamium is a legal term that describes a writ that was previously utilised to apprehend and imprison an individual who unlawfully removed a bondman from the county in order to prevent their replevying. The accused would be detained in jail without the possibility of bail until the bondman was returned. Conversely, withernam refers to the act of reciprocally taking or distressing in place of a prior one.
The historical writ known as “De homine capto in withernamium” (pronounced “dee hom-uh-nee kap-toh in with-uhr-nay-mee-uhm”) was used to seize and imprison individuals who had taken a bondman out of the county to prevent them from being replevied. This writ was designed to protect the rights of bondmen, and in medieval England, the lord of the bondman could use it to ensure that the bondman was returned. The defendant would remain in jail until the bondman was returned, and this ensured that the lord’s rights to the bondman’s labor were protected. The related term “Withernam” (pronounced “with-uhr-nahm”) refers to a reciprocal taking or distress in place of a previous one, and is further explained under “Capias in withernam” in the entry for WITHERNAM.
“De Homine Capto In Withernamium” is a Latin phrase that translates to “Concerning a Person Captured in Withernam.” Withernam is an archaic legal term referring to the wrongful detention or imprisonment of a person.
This phrase is often used in legal discussions to refer to cases involving false imprisonment or wrongful detention. It highlights the legal consequences and remedies available to individuals who have been unlawfully held against their will.
To establish a claim of “De Homine Capto In Withernamium,” the following elements must typically be proven: (1) the plaintiff was unlawfully detained or imprisoned, (2) the defendant was responsible for the detention, and (3) the plaintiff suffered damages as a result of the detention.
If a person successfully proves a claim of “De Homine Capto In Withernamium,” they may be entitled to various remedies, including monetary compensation for any physical or emotional harm suffered, reimbursement for any financial losses incurred, and potentially punitive damages against the responsible party.
Yes, a claim of “De Homine Capto In Withernamium” can be brought against both individuals and institutions. If an individual unlawfully detains someone, they can be held personally liable. Similarly, if an institution, such as a correctional facility or hospital, wrongfully detains someone, the institution can be held responsible.
The statute of limitations for filing a claim of “De Homine Capto In Withernamium” varies depending on the jurisdiction. It is important to consult with a legal professional to determine the specific time limit within which you must file your claim.
Yes, a claim of “De Homine Capto In Withernamium” can be brought against law enforcement agencies if they unlawfully detain or imprison someone. However, it is important to note that law enforcement agencies may have certain immunities or defences available to them, so consulting with an attorney experienced in civil rights litigation is crucial.
To prove a claim of “De Homine Capto In Withernamium,” evidence such as witness testimonies, medical records, surveillance footage, or any other relevant documentation can be crucial. It is important to gather as much evidence as possible to support your claim.
Yes, a claim of “De Homine Capto In Withernamium” can be settled out of court through negotiation or alternative dispute resolution methods. However, it is advisable to consult with an attorney to ensure that any settlement reached adequately compensates you for your damages.
While it is possible to pursue a claim of “De Homine Capto In Withernamium” on your own, it is highly recommended to seek the assistance of an experienced attorney. They can guide you through the legal process, help gather evidence, negotiate with the opposing party, and ensure that your rights are protected throughout the case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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