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champerty    
n. 幫訴

幫訴

champerty
n 1: an unethical agreement between an attorney and client that
the attorney would sue and pay the costs of the client's
suit in return for a portion of the damages awarded;
"soliciting personal injury cases may constitute champerty"

Champerty \Cham"per*ty\, n. [F. champart field rent, L.
campipars; champ (L. campus) field part (L. pars) share.]
1. Partnership in power; equal share of authority. [Obs.]
[1913 Webster]

Beaut['e] ne sleighte, strengthe ne hardyness,
Ne may with Venus holde champartye. --Chaucer.
[1913 Webster]

2. (Law) The prosecution or defense of a suit, whether by
furnishing money or personal services, by one who has no
legitimate concern therein, in consideration of an
agreement that he shall receive, in the event of success,
a share of the matter in suit; maintenance with the
addition of an agreement to divide the thing in suit. See
{Maintenance}.
[1913 Webster]

Note: By many authorities champerty is defined as an
agreement of this nature. From early times the offence
of champerty has been forbidden and punishable.
[1913 Webster]

CHAMPERTY, crimes. A bargain with a plaintiff or defendant, campum partire,
to divide the land or other matter sued for between them, if they prevail at
law, the champertor undertaking to carry on the suit at his own expense. 1
Pick. 416; 1 Ham. 132; 5 Monr. 416; 4 Litt. 117; 5 John. Ch. R. 44; 7 Port.
R. 488.
2. This offence differs from maintenance, in this, that in the latter
the person assisting the suitor receives no benefit, while in the former he
receives one half, or other portion, of the thing sued for. See Punishment;
Fine; Imprisonment; 4 Bl. Com. 135.
3. This was an offence in the civil law. Poth. Pand. lib. 3, t. 1; App.
n. 1, tom. 3, p. 104; 15 Ves. 139; 7 Bligh's R. 369; S. C. 20 E. C. L. R.
165; 5 Moore & P. 193; 6 Carr. & P. 749; S. C. 25 E. C. L. R. 631; 1 Russ.
Cr. 179 Hawk. P. C. b. 1 c. 84, s. 5.
4. To maintain a defendant may be champerty. Hawk. P. C. b. 1, c. 84, s.

8 3 Ham. 541; 6 Monr. 392; 8 Yerg. 484; 8 John. 479; 1 John. Ch. R. 444;, 7
Wend. 152; 3 Cowen, 624; 6 Cowen, 90.

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英文字典中文字典相關資料:
  • Champerty and maintenance - Wikipedia
    Champerty (from Old French champart) is the financial support, by a party not naturally concerned in the suit, of a plaintiff that allows them to prosecute a lawsuit on condition that, if it be brought to a successful issue, the plaintiff will repay them with a share of the proceed from the suit
  • champerty | Wex | US Law | LII Legal Information Institute
    Champerty is an arrangement where a third party supports someone else's lawsuit in exchange for a share of the outcome This support is usually financial, and is only considered champerty if the third party has no bona fide interest in the case, and is motivated solely by profit
  • CHAMPERTY Definition Meaning - Merriam-Webster
    The meaning of CHAMPERTY is a proceeding by which a person not a party in a suit bargains to aid in or carry on its prosecution or defense in consideration of a share of the matter in suit
  • A glance at the law of champerty - Hogan Lovells
    It is evident that in light of changed circumstances, in particular the Constitution and with the rise of litigation funding in South Africa, the common law relating to champerty has developed considerably
  • Champerty and maintenance | Burford Capital
    Maintenance is the practice of helping another to maintain a suit, generally by providing financial assistance Champerty occurs when a party maintaining another seeks a share of the proceeds of the matter
  • Champerty, Maintenance, and Barratry - LAKE WHILLANS
    The United States Supreme Court has succinctly described the three doctrines as follows: “Put simply, maintenance is helping another prosecute a suit; champerty is maintaining a suit in return for a financial interest in the outcome; and barratry is a continuing practice of maintenance or champerty ”
  • The Ultimate Guide to Champerty: Understanding Lawsuit . . .
    The concept of champerty isn't a modern invention; its roots stretch back to medieval England In those times, powerful and wealthy barons would use their resources to fund lawsuits against their rivals





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