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- History
- Trial by Combat in Legal Opinions and Commentary
- B. Trial by Combat in American Courts
- C. Borderline Cases: Push-Up Contests and Videogames
- VI. Trial by Combat as a Form of Dispute Resolution
- Conclusion
This Article focuses on modern instances of litigants demanding trial by combat or courts referencing trial by combat. Because modern, thorough demands for trial by combat typically refer to historic practices in England, an outline of historic practices in and around England is warranted. This historic discussion of trial by combat is not meant to...
Trial by combat is frequently referenced by courts and legal commentators as an undesirable method for resolving disputes. These references often situate trial by combat in its historic context to demonstrate the evolution of dispute resolution from its violent origins. Sometimes commentators contend that the system has not evolved enough from hist...
While England has a history of trial by combat, the United States does not, as its legal system was founded long after trial by combat had gone out of practice in England. Despite this, trial by combat tends to pop up in cases—whether it is by reference to the conduct of the litigants or third parties, or explicitly demanded by one of the parties t...
While the cases described above involve explicit references to or requests for “trial by combat,” some other cases that involve contests of strength or skill to resolve legal disputes are worth mentioning. Two such cases are addressed in this sub-section: a case in which a sued party suggested that the dispute be resolved by way of a push-up contes...
With the history—both modern and medieval—of trial by combat in mind, evaluating whether a modern litigant could demand trial by combat in an official proceeding becomes easier. While the practice is relatively uncommon, it isn’t unheard of. And some of the more detailed attempts at asserting a right to trial by combat—particularly Mr. Luthmann’s i...
If a party to litigation demands trial by combat, something has probably gone wrong. The party is likely trying to distract the court or the opposing party, or is more interested in getting media coverage than prevailing in the dispute. Even if litigation has been going well for that party, a demand for trial by combat is a surefire way to reverse ...
Jan 1, 1993 · arising in users' minds over the past three decades among (1) increm entalism as an analytic. strategy, (2) political processes tending to foster the strategy of disjointed incrementalism, and. (3 ...
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2 For a few very recent examples, chosen among thousands of possibilities, see United States v. Roy, 855 F.3d 1133, 1178–88 (11th Cir. 2017) (en banc) (holding that counsel’s absence during por-tion of trial was harmless error); United States v. Escamilla, 852 F.3d 474, 486–87 (5th Cir. 2017)
