barratry

enUK

bar·ra·try

B0087700 (băr′ə-trē)n. pl. bar·ra·tries 1. The act or practice of bringing a groundless lawsuit or lawsuits.2. An unlawful breach of duty on the part of a ship's master or crew resulting in injury to the ship's owner.3. Sale or purchase of positions in church or state.

[Middle English barratrie, the sale of church offices, from Old French baraterie, deception, malversation, from barater, to cheat; see barrator.]

bar′ra·trous (-trəs) adj.bar′ra·trous·ly adv.

barratry

(ˈbærətrɪ) or

barretry

n1. (Law) criminal law (formerly) the vexatious stirring up of quarrels or bringing of lawsuits2. (Law) maritime law a fraudulent practice committed by the master or crew of a ship to the prejudice of the owner or charterer3. (Law) Scots law the crime committed by a judge in accepting a bribe4. (Government, Politics & Diplomacy) the purchase or sale of public or Church offices[C15: from Old French baraterie deception, from barater to barter] ˈbarratrous, ˈbarretrous adj ˈbarratrously, ˈbarretrously adv

bar•ra•try

(ˈbær ə tri)

n. 1. fraud by a master or crew at the expense of the owners of the ship or its cargo. 2. the offense of frequently stirring up litigation. 3. the purchase or sale of ecclesiastic preferments. [1400–50; late Middle English barratrie < Anglo-French, Middle French baraterie combat, fighting]

barratry

Law. an act of fraud by a master or crew at the expense of the owners of a ship or the owners of its cargo. Also spelled barretry. — barratrous, adj.See also: Ships

the offense of frequently exciting or stirring up suits and quarrels between others. — barrator, n. — barratrous, adj.See also: Law

Thesaurus

Noun	1.	barratry - traffic in ecclesiastical offices or prefermentssimonytraffic - buying and selling; especially illicit trade
	2.	barratry - the crime of a judge whose judgment is influenced by briberybribery, graft - the practice of offering something (usually money) in order to gain an illicit advantage
	3.	barratry - (maritime law) a fraudulent breach of duty by the master of a ship that injures the owner of the ship or its cargo; includes every breach of trust such as stealing or sinking or deserting the ship or embezzling the cargofraud - intentional deception resulting in injury to another personadmiralty law, marine law, maritime law - the branch of international law that deals with territorial and international waters or with shipping or with ocean fishery etc.
	4.	barratry - the offense of vexatiously persisting in inciting lawsuits and quarrelscrime, criminal offence, criminal offense, law-breaking, offense, offence - (criminal law) an act punishable by law; usually considered an evil act; "a long record of crimes"law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"

barratry

enUK

Barratry

In Criminal Law, the frequent incitement of lawsuits and quarrels that is a punishable offense.

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 broader common-law crime has been limited by certain statutes. An attorney who is overly officious in instigating or encouraging prosecution of groundless litigation might be guilty of common barratry under a particular statute. The requirement for the crime of barratry is that repeated or persistent acts of litigation are performed by the accused. Barratry is generally a misdemeanor punishable by fine or imprisonment. In the case of an attorney, disbarment is the usual punishment. Since few cases have been prosecuted, barratry is considered by the legal community at large to be an archaic crime. This is particularly true today due to a highly litigious atmosphere.

In maritime law, barratry is the commission of an act by the master or mariners of a vessel for an unlawful or fraudulent purpose that is contrary to the duty owed to the owners, by which act the owners sustain injury.

A form of barratry is misconduct of the master of a ship in taking commodities on board that subject the ship to seizure for Smuggling. It is essential in barratry that a criminal act or intent exist on the part of the master or mariners which inures to their own benefit and causes injury to the owners of the ship.

barratry

n. creating legal business by stirring up disputes and quarrels, generally for the benefit of the lawyer who sees fees in the matter. Barratry is illegal in all states and subject to criminal punishment and/or discipline by the state bar, but there must be a showing that the resulting lawsuit was totally groundless. There is a lot of border-line barratry in which attorneys, in the name of being tough or protecting the client, fail to seek avenues for settlement of disputes or will not tell the client he/she has no legitimate claim.

barratry

1 wrongs committed by the crew of a ship that prejudice the ship owner or the charterer. 2 formerly, the wrong of persistently taking out court actions. 3 in Scots criminal law, the crime committed by a judge in accepting a bribe.

BARRATRY, crimes. In old law French barat, baraterie, signifying robbery, deceit, fraud. In modern usage it may be defined as the habitual moving, exciting, and maintaining suits and quarrels, either at law or otherwise. 1 Inst. 368; 1 Hawk. 243.
2. 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.
3. Barratry, in this sense, is different from maintenance (q. v.) and champerty. (q. v.)
4. An attorney cannot be indicted for this crime, merely for maintaining another in a groundless action. Vide 15 Mass. R. 229 1 Bailey's R. 379; 11 Pick. R. 432; 13 Pick. R. 362; 9 Cowen, R. 587; Bac. Ab. h. t.; Hawk. P. C. B. 1, c. 21; Roll. Ab. 335; Co. Litt. 368; 3 Inst. 175.

BARRATRY, maritime law, crimes. A fraudulent act of the master or mariners, committed contrary to their duty as such, to the prejudice of the owners of the ship. Emer. tom. 1, p. 366; Merlin, Repert. h. t.; Roccus, h. t.; 2 Marsh. Insur. 515; 8 East, R. 138, 139. As to what will amount to barratry, see Abbott on Shipp. 167, n. 1; 2 Wash. C. C. R. 61; 9 East, R. 126; 1 Str. 581; 2 Ld. Raym. 1349; 1 Term R. 127; 6 Id. 379; 8 Id. 320; 2 Cain. R. 67, 222; 3 Cain. R. 1; 1 John. R. 229; 8 John. R. 209, n. 2d edit.; 5 Day. R. 1; 11 John. R. 40; 13 John. R, 451; 2 Binn. R. 274; 2 Dall. R. 137; 8 Cran. R. 39; 3 Wheat. R. 168; 4 Dall. R. 294; 1 Yeates, 114.
2. The act of Congress of April, 30, 1790, s. 8, 1 Story's Laws U. S. 84, punishes with death as piracy, "any captain or mariner of any ship or other vessel who shall piratically and feloniously run away with such ship or vessel, or any goods or merchandize to the value of fifty dollars; or yield up such ship or vessel to any pirate or if any such seamen shall lay violent hands upon his commander, thereby to binder or prevent his fighting in defence of his ship, or goods, committed to his trust, or shall make a revolt in the said ship."

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Synonyms for barratry

noun traffic in ecclesiastical offices or preferments

Synonyms

Related Words

noun the crime of a judge whose judgment is influenced by bribery

Related Words

noun (maritime law) a fraudulent breach of duty by the master of a ship that injures the owner of the ship or its cargo

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noun the offense of vexatiously persisting in inciting lawsuits and quarrels

Related Words