Barratry
Legal Definition and Related Resources of Barratry
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Barratry
The offense of frequently exciting and stirring up quarrels and suits. An act committed by a master of a vessel for some fraudulent or unlawful purpose contrary to his duty to the owner and resulting in injury to the owner. See Isbell Enterprises, inc. v Citizens Cas. Co. of New York, (D.C. Tex.) 303 F. Supp. 549.
Barratry Alternative Definition
(Fr. barat, bamterie, robbery, deceit, fraud). In Criminal Law. Common barratry is the offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. 4 Bl. Comm. 134; Co. Litt. 368. Sometimes called "barretry." An attorney is not liable to indictment for maintaining another in a groundless action. 1 Bailey (S. C.) 379. See 1 Bish. Crim. Law, §§ 401, 645, 646; 2 Bish. Crim. Law, §§ 57-61; Bac. Abr.; 8 Coke, 36b; 9 Cow. (N. Y.) 587; 15 Mass. 229; 11 Pick. (Mass.) 432; 13 Pick. (Mass.) 362. In Maritime Law and Insurance. An unlawful or fraudulent act, or very gross and culpable negligence, of the master or mariners of a vessel, in violation of their duty as such, and directly prejudicial to the owner, and without his consent. 1 Phil. Ins. c. 13; Abb. Shipp. 167, note; 2 Caines (N. Y.) 67, 222; 3 Caines (N. Y.) 1; 1 Johns. (N. Y.) 229; 11 Johns. (N. Y.) 40, 13 Johns. (N. Y.) 451; 2 Bin. (Pa.) 274; 8 Cranch (U.S.) 139; 5 Day (Conn.) 1; 3 Wheat. (U.S.) 163; 4 Ball. (U.S.) 294. In Scotch Law. The crime of a judge who receives a bribe for his judgment. Skene de Verb. Sign.
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Barratry in Historical Law
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Legal Abbreviations and Acronyms
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What does Barratry mean in American Law?
The definition of Barratry in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:
Also spelled "barretry." In general legal contexts, the term refers to the practice of stirring up quarrels and litigation, either one"s own or among others. One who did so was called a "barrator" or "barretor," and there was a common law offense (abolished in England in 1967) of being a "common barrator." How much the offense was used by justices of the peace and other government officials to control what today would be called agitators or "outside agitators" is unclear. When, however, the barrator was a lawyer, and the stirring up was to get business, the lawyer could be disbarred.
This last use of barratry-as a way of disciplining lawyers for stirring up litigation-has come under recent constitutional reconsideration in the U.S. There is a thin line between "stirring up litigation" and "making exploited citizens aware of their legal rights." On these developments, see solicitation by lawyers; cf lawyer"s advertising.
A shipowner is generally exempt under the terms of the bill of lading from liability to the charterer (renter) of the ship for barratry, but "barratry of master and mariners" is one of the perils ordinarily insured against in a standard policy of marine insurance.
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This definition of Barratry Is based on the The Cyclopedic Law Dictionary. This definition needs to be proofread..
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Barratry in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of barratry.
Grammar
This term is a noun.
Etimology of Barratry
(You may find barratry at the world legal encyclopedia and the etimology of more terms).
early 15c., "sale of ecclesiastical or state offices," from Old French baraterie "deceit, guile, trickery," from barat "malpractice, fraud, deceit, trickery," which is of unknown origin, perhaps from Celtic. In marine law, "wrongful conduct by a ship's crew or officer, resulting in loss to owners," from 1620s. Meaning "offense of habitually starting legal suits" is from 1640s. The sense has been somewhat confused with that of Middle English baratri "combat, fighting" (c. 1400), from Old Norse baratta "fight, contest strife." This was an active word in Middle English, with forms such as baraten "to disturb the peace" (mid-15c.); baratour "incit er to riot, bully" (late 14c., mid-13c. as a surname). Barataria Bay, Louisiana, U.S., is from Spanish baratear "to cheat, deceive," cognate (having the same ancestor) of the French word; the bay so called in reference to the difficulty of its entry passages.
Barratry in Maritime Law
Note: There is more information on maritime/admiralty law here.
The following is a definition of Barratry, produced by Tetley, in the context of admiralty law: [Translation of Barratry in French: "baraterie"] [Translation of Barratry in Spanish: "baratería"] [Translation of Barratry in Italian: "baratteria"] [Translation of Barratry in German: "Barraterie"] - Loss or damage caused to the ship or cargo by the wilful act of the master or seamen. See Tetley, M.C.C., 4 Ed., 2008 at pp. 1237, 1317-1318; Tetley, Int'l. M. & A. L., 2003 at p. 593.
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See Also
Law Enforcement Officer
Police Officer
Law Enforcement Agency
Further Reading
English Legal System: Barratry
In the context of the English law, A Dictionary of Law provides the following legal concept of Barratry:
1. Any act committed wilfully by the master or crew of a ship to the detriment of its owner or charterer. Examples include scuttling the ship and embezzling the cargo. Illegal activities (e.g. carrying prohibited persons) leading to the forfeiture of the ship also constitute barratry. Barratry is one of the risks covered by policies of marine insurance.
2. The former common-law offence (abolished by the Criminal Law Act 1967) of habitually raising or inciting disputes in the courts.
Barratry in Admiralty Law
For information on barratry in this context, see the entry on barratry in the maritime law encyclopedia.
Barratry
Barratry