翻訳と辞書 |
scire facias : ウィキペディア英語版 | scire facias
In English law, a writ of ''scire facias'' (from the Latin meaning, literally "show cause") was a writ founded upon some judicial record directing the sheriff to make the record known (''scire facias'') to a specified party, and requiring the defendant to show cause why the party bringing the writ shouldn't be able to cite that record in his own interest, or why, in the case of letters patent and grants, the patent or grant should not be annulled and vacated. In the United States, the writ has been abolished under federal law but may still be available in some state legal systems. ==History==
The writ of ''scire facias'' was created in 1285 during the 13th year of the reign of Edward I by the English Parliament in the Second Statute of Westminster. The writ of ''quo warranto'' was created during this same period. The writ of ''scire facias'' "is in nature a bill in Chancery" which meant that it would be issued solely by a court of equity.〔M. Bacon, Abridgement of the Law, Vol. 8, ''Scire Facias'', at 620 (rev.ed. 1852); W. Blackstone, Commentaries, Vol.III, at *260 ("When the Crown hath unadvisedly granted any thing by letters patent, which ought not to be granted, or where the patentee hath done an act that amounts to a forfeiture of the grant, the remedy to repeal the patent is by writ of ''scire facias'' in Chancery").〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「scire facias」の詳細全文を読む
スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|