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Topic: Barratry

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	Barratry - Wikipedia, the free encyclopedia
		Barratry is the name of two legal concepts, one in criminal and civil law, and one in admiralty law.
		Barratry, in criminal and civil law, is the act or practice of bringing repeated legal actions solely to harass.
		Barratry, when used elsewhere, may refer to the buying and selling of positions (which are expected to bring greater income in time) within civil authority.
	en.wikipedia.org /wiki/Barratry (241 words)

	Barratry
		Barratry: legal concept with two meanings, one in criminal and civil law, the other in admiralty law.
		In the first case, barratry is the act or practice of bringing repeated legal actions solely to harass.
		In admiralty law, barratry is a fraudulent act committed by a master or crew of a vessel which damages the vessel or its cargo, including desertion, illegal scuttling, and theft of the ship or cargo.
	www.ebroadcast.com.au /lookup/encyclopedia/ba/Barratry.html (91 words)

	Barratry - LoveToKnow 1911 (Site not responding. Last check: 2007-10-20)
		By a statute of 1726, if the person guilty of common barratry belonged to the profession of the law, he was disabled from practising in the future.
		Continental jurists give a wider meaning to barratry, as meaning any wilful act by the master or crew, by whatever motive induced, whereby the owners or charterers are damnified.
		In Scotland, barratry is the crime committed by a judge who is induced by bribery to pronounce judgment.
	www.1911encyclopedia.org /Barratry (267 words)

	Barratry: West's Encyclopedia of American Law
		Barratry is most commonly applied to an attorney who attempts to bring about a lawsuit that will be profitable to her or him.
		Barratry is an offense both at COMMON LAW and under some state statutes.
		The requirement for the crime of barratry is that repeated or persistent acts of litigation are performed by the accused.
	law.enotes.com /wests-law-encyclopedia/barratry (154 words)

	BENNETT LAW FIRM
		The advertising rules are relevant because § 38.12(c) of the barratry statute provides "an exception to prosecution" (not merely a defense) if the advertising rules of conduct permit the solicitation.
		Each example is designed to underscore the tension between the commercial free-speech rights of lawyers, the state's interest in regulating the conduct of lawyers and the privacy rights of individuals who are or may be the objects of attorney solicitation.
		The difficulty is created at least in part by the barratry statute's "exception to prosecution," which cross-references to the advertising rules of conduct even though ethical rules are not usually drafted with the specificity required of criminal statutes.
	www.bennettlawfirm.com /barratry.htm (2089 words)

	"Barratry, Barrator" Defined
		BARRATRY - The practice of instituting groundless judicial proceedings - a crime in a number of jurisdictions.
		A man cannot be indicted as a common barrator in respect of any number of false and groundless actions brought in his own right, nor for a single act in right of another; for that would not make him a common barrator.
		Barratry, in this sense, is different from maintenance and champerty.
	www.lectlaw.com /def/b082.htm (206 words)

	Barratry - 1 800 JonesAct
		This refers to a fraudulent act committed by the master of a vessel or a member of the crew that results in damage to the vessel or its cargo.
		Act of barratry by a crewmember can often result in injury to other members of the vessel’s crew or third parties thus creating a cause of action under the Jones Act or General Maritime Law.
		The second form of barratry that injured seaman need to consider is the act or practice of directly contacting injury victims in an effort to solicit legal representation.
	www.1800jonesact.com /barratry.asp (659 words)

	Flame Warriors ~ View topic - Barratry Boy (or girl) (Site not responding. Last check: 2007-10-20)
		Barratry Boy is a very obvious Warrior and often one of little power.
		Barratry Boy usually is over 30 and lives at home with his Mommy, has no assets and, if he ever does file a case against someone, he files it pro se (acting as his own attorney) and fails, miserably.
		Usually, however, Barratry Boy will just keep posting his threats, completely unaware that such threats are often illegal in and of themselves.
	redwing.hutman.net /~mreed/forum/viewtopic.php?t=224 (366 words)

	himr2
		Barratry of the master is only an insured peril if the master and the assured are two separate persons.
		In fact, barratry does not bar recovery unless the barratrous act in question is expressly excluded by the policy, as all illegal ventures.
		The defence of wilful misconduct is a way for the insurer to rebut positively the claim of the assured for a loss short of fortuity, in case of perils of the sea, or with his connivance, in the case of barratry.
	www.derechomaritimo.info /pagina/himr2.htm (16534 words)

	law.com - Decision
		Maryland's common law on maintenance, champerty, and barratry appears to be tending toward obsolescence because, as far as I can tell, Maryland has not used these common law doctrines to invalidate any contract in the last one hundred years.
		According to the Maryland Court of Special Appeals, "[t]he essence of [the crime of] barratry is the solicitation of another to make a litigious claim by one without an existing relationship or interest for his own gain." Schackow v.
		The doctrines of champerty, maintenance, and barratry were also meant to protect against "financial overreaching by a party of superior bargaining position." Saladini v.
	www.law.com /jsp/decisionstate.jsp?id=1024079067815 (6700 words)

	Barratry Law and Legal Definition - USlegalforms.com
		Barratry is a term that is subject to different definitions.
		Barratry is also the act of a ship's captain or crew knowingly endangering the vessel's cargo and/or the vessel itself.
		Acts that are considered barratry include intentionally sinking the ship, transporting illegal immigrants, and stealing cargo.
	www.uslegalforms.com /legaldefinitions/b/barratry.php (246 words)

	Cusimano, Keener, Roberts, Kimberley & Miles, P.C. and How The Law Works
		"Barratry," which is the legal term for the act more commonly known as "ambulance chasing," is not only unethical, it is also illegal.
		Barratry laws are designed to protect citizens from unscrupulous legal practitioners, but the laws apply to all licensed attorneys.
		The person approaching an accident victim may not even be a lawyer, but someone hired by the lawyer to solicit business in order to avoid the barratry laws.
	www.ckrkm.com /ckrkm_the_law.html (977 words)

	Daimler Chrysler Corp. v. Kirkhart, 148 NC App 572 (00-1370) 02/19/2002
		At common law, barratry was defined as “'the offense of frequently excitingor stirring up suits and quarrels between his majesty's subjects, either at law or otherwise.'” State v.
		The common law offense of barratry has also “'been applied independently of statute to one soliciting a large number of claims of the same nature, and charging a fee for his services in connection with the claim contingent on the amount recovered.'” Id.
		Barratry being a common law offense, and having never been the subject of legislation in North Carolina, and not being destructive nor repugnant to, nor inconsistent with, the form of government of the State, is in full force therein.
	www.aoc.state.nc.us /www/public/coa/opinions/2002/001370-1.htm (4439 words)

	Pudentilla's Perspective
		Barratry is the practice of maliciously bringing or causing to be brought any groundless judicial proceedings.
		The fact that an accused was himself a party in interest or upon the record to any proceedings at law complained of is not a defense.
		Barratry is the offense of maliciously bringing or causing to be brought any groundless judicial proceeding.
	pudentilla.blogspot.com /2006/02/barratry-champerty-and-maintenance.html (810 words)

	S.C. Code of Laws Title 16 Chapter 17 Offenses Against Public Policy - www.scstatehouse.net-LPITS
		Shall be guilty of the crime of barratry.
		The crime of barratry shall be punishable by a fine of not more than five thousand dollars or by imprisonment of not more than two years, or both.
		Any corporation or unincorporated association found guilty of the crime of barratry shall be forever barred from doing any business or carrying on any activity within this State, and in the case of a corporation its charter or certificate of domestication shall be summarily revoked by the Secretary of State.
	www.scstatehouse.net /code/t16c017.htm (6497 words)

	Lawlink NSW: 2. Barratry, Maintenance and Champerty
		In New South Wales the offence of barratry, technically at least, is still part of the law.
		It is extremely difficult to draw the proper boundary between advice, encouragement, and instigation of a client to institute a suit, and all these may proceed from an earnest desire to redress the wrongs suffered by a poor and uninfluential person.
		For example, in 1990 several Texan lawyers faced barratry charges for allegedly soliciting clients after a motor vehicle accident in which there were a number of fatalities.
	www.lawlink.nsw.gov.au /lrc.nsf/pages/DP36CHP2 (7949 words)

	BARRATRY (O. Fr. baret... - Online Information article about BARRATRY (O. Fr. baret... (Site not responding. Last check: 2007-10-20)
		person guilty of common barratry belonged to the profession of the law, he was disabled from practising in the future.
		Continental jurists give a wider meaning to barratry, as meaning any wilful act by the master or See also:
		CREW (sometimes explained as a sea term of Scandinavian origin, cf.
	encyclopedia.jrank.org /BAR_BEC/BARRATRY_O_Fr_bareter_barater_t.html (432 words)

	circle.ch :: barratry - the offense of persistently instigating lawsuits
		circle.ch :: barratry - the offense of persistently instigating lawsuits
		barratry - the offense of persistently instigating lawsuits
		The practice of exciting and encouraging lawsuits and quarrels, typically groundless ones.
	circle.ch /blog/p1099.html (172 words)

	Tex. Att'y Gen. Op. No. JC-0022 (1999) -- John Cornyn Administration
		You have requested our opinion regarding the constitutionality of that portion of the barratry statute, section 38.12 of the Penal Code, that prohibits an attorney from making a direct-mail solicitation of a criminal defendant within thirty days of his arrest or the issuance of a summons.
		As we have noted, only one portion of the Texas barratry statute was before the court: "the 30-day ban on solicitation of accident victims and their families." Id. at 360.
		The court, observing that the Florida Bar rule at issue in Went for It was "nearly identical" to the Texas statute, held that case to be controlling, and accordingly, reversed the decision of the district court.
	www.oag.state.tx.us /opinions/op49cornyn/jc-0022.htm (1773 words)

	Women & Guns
		Under common law, barratry and champerty were considered great evils.
		Lawyers who stirred up lawsuits to make money, or who financed lawsuits out of their own pocket, could be barred from the practice of law.
		Unlike the gradual changes that occur in the common law, the proponents of judicial activism wanted the courts to impose sweeping social changes without regard to the elected representatives of the people or traditional community standards.
	www.womenandguns.com /1106issue/macnutt1106.html (1909 words)

	Larry Laurent, P.C. \| Legal Seminars for Texas Chiropractic Professionals
		These amendments to the Barratry Statute were enacted for the purpose of closing, what many suggested, were loop-holes in the Texas Barratry Statute which permitted chiropractors and others to engage in telemarketing of automobile accident victims for purposes of soliciting professional patronage.
		Prior to the 1997 legislative session telemarketing of automobile accident victims was considered by opponents as constituting ambulance chasing and by proponents of telemarketing as affording accident victims a means of obtaining health care services and legal information about their rights before being contacted by insurance company adjusters.
		Doctors must also be aware that, while the Barratry Statue once again permits doctors and their employees to engage in telemarketing of accident victims, the Texas Attorney General has construed Texas Health and Safety Code, §161.091(a) (the Texas “Illegal Remuneration” Statute) as prohibiting the employment of independent contractors from assisting doctors in such telemarketing efforts.
	www.larrylaurent.com /telemarketing.htm (721 words)

	Appendix A (Site not responding. Last check: 2007-10-20)
		The current laws deal primarily with three areas: nonconsensual common-law liens (statutes against barratry and simulating legal process), intimidation (use or threat of force or violence) against public officials, and paramilitary training.
		The property is then attached based on the "debt." These liens appear for all practical purposes to be true legal documents, and are often filed with a "real" court in order to give them some binding effect, effectively ruining the official's credit.
		(B) A person convicted of the offense of barratry shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both.
	www.avoiceforchildren.com /documents/handbook/A.htm (3765 words)

	Commercial Leasing Lawblog: CAM charge audit case: "champerty"? "barratry"? (Site not responding. Last check: 2007-10-20)
		It is not the same as barratry, which is active encouragement of lawsuits.") The court of appeals found that the arrangements were barratry, rather than champerty, but still (or, perhaps, all the more) against public policy and, thus, unenforceable.
		The dissenting opinion in Accrued Financial strongly disagreed, criticizing the majority's decision to apply Maryland law, rather than California law (which was the choice of law set forth in the agreements).
		The dissenting opinion also pointed out that "Maryland's common law on maintenance, champerty, and barratry appears to be tending toward obsolescence because, as far as I can tell, Maryland has not used these common law doctrines to invalidate any contract in the last one hundred years".
	commercialleasinglawblog.com /archives/000024.php (432 words)

	Putting the Far Right into Perspective (Site not responding. Last check: 2007-10-20)
		The extremes of resistance behavior extend to harassment, defamation, property crimes, fraud, and barratry.
		Properly speaking, the activity is barratry, the fraudulent simulation of a legal process.
		Most barratry consists of harassing lawsuits, filing frivolous documents in support of tax resistance and phony liens against public officials.
	www.nwcitizen.us /publicgood/reports/spectrum (1419 words)

	RE: Legal Issues in the Claims Handling Business
		barratry, it is an ancient concept well defined by American courts.
		barratry is not the efficient proximate cause of the loss.
		loss was the master's barratry of the vessel, the loss was covered.
	www.catadjuster.org /forum/tm.asp?m=5850&mpage=2 (5047 words)

	barratry barratry - Definitions from Dictionary.com
		Barratry, Barrator Defined Barratry, Barrator BARRATRY - The practice of instituting groundless judicial proceedings - a crime in a number of jurisdictions.
		Barratry Two legal concepts go by the name barratry: one in criminal and civil law, the other in admiralty law.
		barratry barratry A fraudulent act or other breach of duty committed by a master or crew of a vessel which damages the vessel or its cargo.
	www.ircop.com.ru /1141573307.html (1338 words)

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