Ian’s Legal Fact of the Week 9/7/15: Jury Sequestration in the U.S.

The practice of jury sequestration predates the Declaration of Independence, as its first recorded use in the U.S. was in the 1770 Boston Massacre trial in which the jury was sequestered for a week. The longest recorded sequestration was eight and … Continue reading

Ian’s Legal Fact of the Week 8/31/15: The Origins of “Arrest”

The word “arrest” is Anglo-Norman in origin, related to the French word “arrêt” meaning “to stop” or “to stay”. In the U.S., the most common slang expression to signify arrest is “collared” (similar to the French slang, incidentally!), while in … Continue reading

Ian’s Legal Fact of the Week 8/24/15: The Equal Rights Amendment

The Equal Rights Amendment (ERA), which sought to guarantee equal rights for women, was originally introduced in Congress in 1923 but not submitted for ratification until 1972. It was ultimately ratified by 35 states (although some of these later rescinded … Continue reading

10 Historical Documents Proven to be Fake

I am very pleased to feature a guest blog this week, from Rob Carter in the U.K. (welcome, Rob!). While not specifically on a legal subject, it is on an interesting historical topic that also is related to law, namely — … Continue reading

Ian’s Legal Fact of the Week 8/17/15: Legal Fictions

A legal fiction is a fact that is assumed or created by courts in order to apply a legal rule. Most often a feature of common law systems, perhaps the best-known (and one of the most controversial) such fictions in the … Continue reading

Lawyer Raises Prospect of ‘Trial by Combat’ in Lawsuit

In 2011 I wrote a blog about the archaic form of legal action known as trial by combat. In it, I mused about whether the right to trial by combat (also commonly called ‘wager of battle’ or ‘trial by battle’) to settle … Continue reading

Ian’s Legal Fact of the Week 2/1/16: Crime in America

According to the FBI’s Uniform Crime Reports, an estimated 1,165,383 violent crimes occurred nationwide in 2014, a decrease of 0.2 percent from the 2013 estimate (2015 full results are not yet available). This was 6.9 percent less than in 2010, and 16.2 percent less … Continue reading

Ian’s Legal Fact of the Week 4/11/16: ‘Be Kind to Lawyers’ Day

Distressingly, there is no official “Lawyer’s Day” in the U.S.–despite the fact that nearly half of the members of Congress are lawyers. In fact, a member of Congress in 2015 was 66x more likely to be a lawyer than the average … Continue reading

Ian’s Legal Fact of the Week 5/4/15: Composition of the Supreme Court

The Supreme Court is provided for in Article 3, Section 1 of the Constitution, but only the Chief Justice is specifically mentioned (in Article 1, Section 3). The number of other “Judges of the Supreme Court”  (Article 2, Section 2) is … Continue reading

Ian’s Legal Fact of the Week 4/20/2015: “Of the People”

While it is commonly thought that the phrase “of the people, by the people, for the people” is a description of our government that is found in the Constitution, the language actually comes from Lincoln’s 1863 Gettysburg Address. … Continue reading

Ian’s Legal Fact of the Week 4/13/15: Taxation Without Representation

Since 2000, license plates for the District of Columbia display the slogan “Taxation Without Representation”, to reflect the fact that D.C. has no voting representatives in Congress. It does, however, send a non-voting delegate to the House of Representatives, and has … Continue reading

Ian’s Legal Fact of the Week 4/6/2015: The Fugitive Slave Clause

The Fugitive Slave Clause is found in Article 4, Clause 3 of the Constitution, which states that “No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or … Continue reading