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91-528: The word "replevin" is of Anglo-Norman origin and is the noun form of the verb "replevy". This comes from the Old French replevir , derived from plevir ("to pledge"), which is derived from the Latin replegiare ("to redeem a thing taken by another"). In The Law of Torts , John Fleming has written: From medieval times, there has also come down to us a summary process, known as replevin, by which

182-614: A 'Sunshine in Litigation' law which limits confidentiality from concealing public hazards. Washington State , Texas , Arkansas , and Louisiana have laws limiting confidentiality as well, although judicial interpretation has weakened the application of these types of laws. In the U.S. Congress, a similar federal Sunshine in Litigation Act has been proposed but not passed in 2009, 2011, 2014, and 2015. Confidentiality agreements which keep secrets from regulators about violations

273-525: A Norman development while chase is the French equivalent imported with a different meaning. Distinctions in meaning between Anglo-Norman and French have led to many faux amis (words having similar form but different meanings) in Modern English and Modern French. Although it is a Romance language, Norman contains a significant amount of lexical material from Old Norse . Because of this, some of

364-435: A case regarding a sum of money, as distinct from the loss of a rare coin, for instance, where the return of the actual coin itself was at issue. In occasional cases of no particular numismatic interest, however, e.g., a bag of money whose contents have not yet been counted, an action may be filed to recover the actual coins and/or bills in question if they are still together. The question of replevin becomes moot should

455-477: A decision of the right of possession. It lies only where the possession was taken from the plaintiff, whether under colour of legal process or otherwise, by an act having the nature of a trespass. One of the oldest actions in the royal courts, replevin had its roots in the law of customary courts, and its formal origin can be attributed to Glanvil , Chief Justiciar of England during the reign of Henry II (1154–1189). Strictly speaking, replevin in its original form

546-533: A defendant was able to exercise an option of paying damages instead of restoring the actual goods. Section 65 of the Tribunals, Courts and Enforcement Act 2007 made provision for the common law rules governing replevin in England and Wales to be replaced, although this provision did not become effective until 6 April 2014. Replevin actions are common and fall into two types of action: if immediate possession of

637-528: A hush sibilant not recorded in French mousseron , as does cushion for coussin . Conversely, the pronunciation of the word sugar resembles Norman chucre even if the spelling is closer to French sucre . It is possible that the original sound was an apical sibilant, like the Basque s , which is halfway between a hissing sibilant and a hushing sibilant. The doublets catch and chase are both derived from Low Latin *captiare . Catch demonstrates

728-415: A judgment and authorize issuance of a writ of replevin, which is served by a sheriff's deputy, working in conjunction with persons hired or employed by the creditor to take the collateral or other property into its possession. The sheriff's role is to keep the peace and allow the creditor to get its property, without threat from the borrower. Once the creditor takes the property into its possession, it can sell

819-707: A language did exist, and that it was the language descended from the Norman French originally established in England after the Conquest. When William the Conqueror led the Norman conquest of England in 1066, he, his nobles, and many of his followers from Normandy , but also those from northern and western France, spoke a range of langues d'oïl (northern varieties of Old French ). This amalgam developed into

910-583: A language of business communication, especially when it traded with the continent, and several churches used French to communicate with lay people. A small but important number of documents survive associated with the Jews of medieval England, some featuring Anglo-French written in Hebrew script, typically in the form of glosses to the Hebrew scriptures. As a langue d'oïl , Anglo-Norman developed collaterally to

1001-414: A man out of whose possession goods have been taken may obtain their return until the right to the goods can be determined by a court of law. Replevin arose out of the need of a turbulent society to discourage resort to self help and although for a long time primarily used in disputes about distress between landlord and tenant, it was gradually expanded to cover all cases of allegedly wrongful dispossession. If

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1092-488: A second language among the upper classes. Moreover, with the Hundred Years' War and the growing spirit of English and French nationalism, the status of French diminished. French (specifically Old French ) was the mother tongue of every English king from William the Conqueror (1066–1087) until Henry IV (1399–1413). Henry IV was the first to take the oath in ( Middle ) English, and his son, Henry V (1413–1422),

1183-567: A velar plosive where French has a fricative : Some loans were palatalised later in English, as in the case of challenge (< Old Norman calonge , Middle English kalange, kalenge , later chalange ; Old French challenge, chalonge ). There were also vowel differences: Compare Anglo-Norman profound with Parisian French profond , soun sound with son , round with rond . The former words were originally pronounced something like 'profoond', 'soon', 'roond' respectively (compare

1274-685: A very high level of development. The important Benedictine monasteries both wrote chronicles and guarded other works in Old English . However, with the arrival of the Normans, Anglo-Saxon literature came to an end and literature written in Britain was in Latin or Anglo-Norman. The Plantagenet kings encouraged this Anglo-Norman literature . Nevertheless, from the beginning of the 14th century, some authors chose to write in English, such as Geoffrey Chaucer . The authors of that period were influenced by

1365-615: A written and literary language probably owes something to this history of bilingualism in writing. Around the same time, as a shift took place in France towards using French as a language of record in the mid-13th century, Anglo-Norman also became a language of record in England, although Latin retained its pre-eminence for matters of permanent record (as in written chronicles ). From around this point onwards, considerable variation begins to be apparent in Anglo-Norman, which ranges from

1456-637: Is Buttevant (from the motto of the Barry family: Boutez en avant , "Push to the Fore"), the village of Brittas (from the Norman bretesche , "boarding, planking") and the element Pallas (Irish pailís , from Norman paleis , "boundary fence": compare palisade , The Pale ). Others exist with English or Irish roots, such as Castletownroche , which combines the English Castletown and

1547-479: Is a settlement of multiple similar legal cases. The term also has other meanings in the context of law. Structured settlements provide for future periodic payments, instead of a one time cash payment. A settlement, as well as dealing with the dispute between the parties is a contract between those parties, and is one possible (and common) result when parties sue (or contemplate so doing) each other in civil proceedings . The plaintiffs and defendants identified in

1638-459: Is evidence, too, that foreign words ( Latin , Greek , Italian , Arabic , Spanish ) often entered English via Anglo-Norman. The language of later documents adopted some of the changes ongoing in continental French and lost many of its original dialectal characteristics, so Anglo-French remained (in at least some respects and at least at some social levels) part of the dialect continuum of modern French, often with distinctive spellings. Over time,

1729-444: Is held by the court (as these are matters which must be dealt with by Court Order). However, the actual terms of the settlement are dealt with in a 'schedule' to the order, which can remain confidential. Breach of the schedule can be dealt with as breach of contract, or breach of the consent order. In Israel, which is a common law jurisdiction, settlements almost always are submitted to the court, for two reasons: (a) only by submitting

1820-404: Is not maintainable unless in a case in which there has been first a taking out of the possession of the owner. This stands upon authority and the reason of the thing". The mere claim by the distrainor that he had a right to the chattels distrained was a technicality that ended the action in replevin. It was then necessary to re-file using a new writ invented in the early fourteenth century, called

1911-531: Is one employed where suits have been filed or charges brought in multiple jurisdictions and is defined as "a legal agreement that addresses or compromises both civil claims and criminal charges against a corporation or other large entity". Examples of a global settlement include the Tobacco Master Settlement Agreement between the attorneys general of 46 U.S. states and the four major U.S. tobacco companies in 1999. Another example

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2002-524: Is probably unenforceable, but a specific carveout granting regulators access is usually not included. In England and Wales , if the matter is already before the courts, except in a case where the claim is to be dismissed outright and the Claimant agrees to pay the Defendant's costs, the matter is usually dealt with by a consent order , signed by the legal representatives of both parties and approved by

2093-535: Is still evident in official and legal terms where the ordinary sequence of noun and adjective is reversed , as seen in phrases such as Blood Royal, attorney general, heir apparent, court martial, envoy extraordinary and body politic. The royal coat of arms of the United Kingdom still features in French the mottos of both the British Monarch , Dieu et mon droit ("God and my right"), and

2184-399: Is where an automobile finance company initiates a replevin action to gain possession of a vehicle, following payment default. Replevin actions are usually employed when the lender cannot find the collateral, or cannot peacefully obtain it through self-help repossession . Replevin actions may also be pursued by true owners of property, e.g., consignors seeking return of consigned property that

2275-444: Is wider than the English, gives the right to replevy to the party who could maintain trespass or trover. It is given, as it were, supplementary to, or in aid of, the remedy which those actions afford; but as all three actions, trespass, trover and replevin are classed ... as actions of tort, I think the action under our British Columbia statute is for the tortious taking or tortious detention of goods. Provisions analogous to replevin in

2366-622: Is within the Global Analyst Research Settlements . Usually, lawsuits end in a settlement, with an empirical analysis finding that less than 2% of cases end with a trial, 90% of torts settle, and around 50% of other civil cases settle. In American law, settlement agreements are normally private contracts , not court orders, except for consent decrees , which are relatively uncommon in the United States. Most settlements are confidential. In these cases,

2457-589: The Order of the Garter , Honi soit qui mal y pense ("Shamed be he who thinks evil of it"). Dieu et mon droit was first used by Richard I (who spoke Anglo-Norman, but cannot be proved to have been able to speak English) in 1198 and adopted as the royal motto of England in the time of Henry VI . The motto appears below the shield of the Royal Coat of Arms. Though in regular use at the royal court, Anglo-French

2548-445: The lawsuit can end the dispute between themselves without a trial . The contract is based upon the bargain that a party forgoes its ability to sue (if it has not sued already), or to continue with the claim (if the plaintiff has sued), in return for the certainty written into the settlement. The courts will enforce the settlement. If it is breached, the party in default could be sued for breach of that contract. In some jurisdictions,

2639-524: The 19th century, but these words are probably linguistic traces of Saxon or Anglo-Scandinavian settlements between the 4th and the 10th centuries in Normandy. Otherwise the direct influence of English in mainland Norman (such as smogler "to smuggle") is from direct contact with English in later centuries, rather than Anglo-Norman. When the Normans conquered England, Anglo-Saxon literature had reached

2730-673: The Anglo-Norman of medieval England. Many of the earliest documents in Old French are found in England. In medieval France , it was not usual to write in the vernacular : Because Latin was the language of the Church , education , and historiography , it was also used for records. In medieval England, Latin also remained in use by the Church, the royal government, and much local administration in parallel with Middle English , as it had been before 1066. The early adoption of Anglo-Norman as

2821-419: The French language used in England changed from the end of the 15th century into Law French , that was used since the 13th century. This variety of French was a technical language, with a specific vocabulary, where English words were used to describe everyday experience, and French grammatical rules and morphology gradually declined, with confusion of genders and the adding of -s to form all plurals. Law French

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2912-642: The House of Commons to endorse them during their progress to becoming law, or spoken aloud by the Clerk of the Parliaments during a gathering of the Lords Commissioners , to indicate the granting of Royal Assent to legislation. The exact spelling of these phrases has varied over the years; for example, s'avisera has been spelled as s'uvisera and s'advisera , and Reyne as Raine . Though

3003-593: The Norman Roche , meaning rock. Only a handful of Hiberno-Norman-French texts survive, most notably the chanson de geste The Song of Dermot and the Earl (early 13th century) and the Statutes of Kilkenny (1366). Settlement (law) In law, a settlement is a resolution between disputing parties about a legal case , reached either before or after court action begins. A collective settlement

3094-453: The Norman or French word supplanted the original English term, or both words would co-exist but with slightly different nuances. In other cases, the Norman or French word was adopted to signify a new reality, such as judge , castle , warranty . In general, the Norman and French borrowings concerned the fields of culture, aristocratic life, politics and religion, and war whereas the English words were used to describe everyday experience. When

3185-596: The Normans (Norsemen) and was then brought over after the Conquest and established firstly in southern English dialects. It is, therefore, argued that the word mug in English shows some of the complicated Germanic heritage of Anglo-Norman. Many expressions used in English today have their origin in Anglo-Norman (such as the expression before-hand , which derives from Anglo-Norman avaunt-main ), as do many modern words with interesting etymologies. Mortgage , for example, literally meant death-wage in Anglo-Norman. Curfew (fr. couvre-feu ) meant cover-fire , referring to

3276-407: The Normans arrived in England, their copyists wrote English as they heard it, without realising the peculiarities of the relationship between Anglo-Saxon pronunciation and spelling and so the spelling changed. There appeared different regional Modern-English written dialects, the one that the king chose in the 15th century becoming the standard variety. In some remote areas, agricultural terms used by

3367-435: The action. This can be used to force a settlement from the defendant , just or unjust, as he or she is deprived of the use of the disputed object for the duration of the action; if this results in a financial loss, the defendant may find it advantageous to merely pay a relatively small settlement and have the item returned quickly. Replevin remains the modern action, albeit defined by statute, for recovery of chattels pending

3458-467: The case has been dismissed. The majority of cases are decided by a settlement. Both sides (regardless of relative monetary resources) often have a strong incentive to settle to avoid the costs (such as legal fees, finding expert witnesses, etc.), the time and the stress associated with a trial, particularly where a trial by jury is available. Generally, one side or the other will make a settlement offer early in litigation. The parties may hold (and indeed,

3549-712: The case of distraint are found in the Civil Code of Quebec (known as movable hypothec without delivery , at Art. 2696 CCQ et seq .) and St Lucia (arts. 1888 et seq .), which was reproduced in substance from French law, which is also in force in Mauritius . There are analogous provisions in the Spanish Civil Code (art. 1922). Similar provisions are also found in: Anglo-Norman language Anglo-Norman ( Norman : Anglo-Normaund ; French : Anglo-normand ), also known as Anglo-Norman French ,

3640-554: The central Old French dialects which would eventually become Parisian French in terms of grammar , pronunciation and vocabulary . Before the signature of the Ordinance of Villers-Cotterêts in 1539, French was not standardised as an administrative language throughout the kingdom of France. Middle English was heavily influenced by Anglo-Norman and, later, Anglo-French. W. Rothwell has called Anglo-French 'the missing link ' because many etymological dictionaries seem to ignore

3731-483: The central langue d'oïl dialects that developed into French. English therefore, for example, has fashion from Norman féchoun as opposed to Modern French façon (both developing from Latin factio, factiōnem ). In contrast, the palatalization of velar consonants before /a/ that affected the development of French did not occur in Norman dialects north of the Joret line . English has therefore inherited words that retain

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3822-446: The collateral, and apply the proceeds to the debt owed by the borrower. In other cases, replevy is used to prevent damages that may occur from the continued use of an item, such as a public utility meter. In the case of non-payment of a public utility, a meter is typically left on the premise to allow reconnection should the balance due be paid, or if the person owing the bill sells the premise to another person who does not owe arrears to

3913-570: The continent, English sometimes preserves earlier pronunciations. For example, ch used to be /tʃ/ in Medieval French, where Modern French has /ʃ/ , but English has preserved the older sound (in words like chamber, chain, chase and exchequer ). Similarly, j had an older /dʒ/ sound, which it still has in English and some dialects of modern Norman, but it has developed into /ʒ/ in Modern French. The word mushroom preserves

4004-548: The contribution of that language in English and because Anglo-Norman and Anglo-French can explain the transmission of words from French into English and fill the void left by the absence of documentary records of English (in the main) between 1066 and c.  1380 . Anglo-Norman continued to evolve significantly during the Middle Ages by reflecting some of the changes undergone by the northern dialects of mainland French. For example, early Anglo-Norman legal documents used

4095-434: The court may require) a settlement conference , at which they attempt to reach such a settlement. In controversial cases, it may be written into a settlement that both sides keep its contents and all other information relevant to the case confidential or that one of the parties (usually the one being sued) does not, by agreeing to the settlement, admit to any fault or wrongdoing in the underlying issue. A "global settlement"

4186-565: The court order may refer to another document which is not disclosed, but which may be revealed to prove a breach of the settlement. Confidentiality is not possible in class action cases in the United States, where all settlements are subject to approval by the court pursuant to Rule 23 of the Federal Rules of Civil Procedure and counterpart rules adopted in most states. In some cases, confidential settlements are requested in discovery. Federal courts can issue protective orders preventing

4277-411: The fact that the distrainor did not get any form of legal possession. The goods and chattels were considered to be in the custody of the law. As a result, there was no taking of possession by the distrainor that was unlawful, since no possession was technically inferred. The action in replevin began to appear in the thirteenth century. It seems clear that originally the action of replevin lay simply where

4368-417: The great mass of ordinary people spoke forms of English, French spread as a second language due to its prestige, encouraged by its long-standing use in the school system as a medium of instruction through which Latin was taught. In the courts, the members of the jury , who represented the population, had to know French in order to understand the plea of the lawyer. French was used by the merchant middle class as

4459-458: The incidents of tenure were then very numerous. Distress was also leviable as damage feasant . When animals strayed and did damage to a neighbor, they could be retained until the damage was made good. Whether or not the distress was levied for rent or for livestock damage feasant , the owner of the animals could obtain their release by giving "gage and pledge" – a form of security that the damage would be made good. One peculiarity of distraint lay in

4550-415: The infringement of some right, and any invasion of the civil rights of another is in itself a legal wrong, and the appropriate action for the violation of the legal right unconnected with contract is an action for tort. The early history of replevin action in England is traced (as) ... "The nature of the complaint in the action was for a tortious taking of the goods." Our British Columbia replevin action, which

4641-429: The item in question no longer exist as an entity, i.e. if it is destroyed, or in the case of a bag of money, for instance, if the money has been spent. For this reason, the item is normally seized by the court when the action is filed and held until the decision is reached to prevent the waste of a legal action over a nonexistent object and, further, to ensure that the item in question is not destroyed, spent, etc., during

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4732-426: The judge, the lawyer, the complainant or the witnesses. The judge gave his sentence orally in Norman, which was then written in Latin. Only in the lowest level of the manorial courts were trials entirely in English. During the late 14th century, English became the main spoken language, but Latin and French continued to be exclusively used in official legal documents until the beginning of the 18th century. Nevertheless,

4823-503: The judge. To get around the issue of confidentiality referred to above, a standard procedure consent order, known as a Tomlin Order is entered into. The order itself contains an agreement that the claim is stayed and no further action can be taken in court (except for referring a dispute in the implementation of the order to court, which is allowed). The order also deals with payment of costs, and payments of money out of court if any money

4914-468: The king in 1275. With effect from the 13th century, Anglo-Norman therefore became used in official documents, such as those that were marked by the private seal of the king whereas the documents sealed by the Lord Chancellor were written in Latin until the end of the Middle Ages. English became the language of Parliament and of legislation in the 15th century, half a century after it had become

5005-468: The language of the king and most of the English nobility. During the 11th century, development of the administrative and judicial institutions took place. Because the king and the lawyers at the time normally used French, it also became the language of these institutions. From the 11th century until the 14th century, the courts used three languages: Latin for writing, French as the main oral language during trials, and English in less formal exchanges between

5096-572: The late 14th century onwards. Although Anglo-Norman and Anglo-French were eventually eclipsed by modern English , they had been used widely enough to influence English vocabulary permanently. This means that many original Germanic words, cognates of which can still be found in Nordic , German , and Dutch , have been lost or, as is more often the case, exist alongside synonyms of Anglo-Norman French origin. Anglo-Norman had little lasting influence on English grammar, as opposed to vocabulary, although it

5187-443: The owner. Illegal distress has been held to occur where: Replevin will not lie where if any part of the rent claimed was due, but this defence is not effective where the only rent claimed by the landlord is not recoverable by distress. It has been held that replevin applies to any wrongful taking of goods and chattel. A party seeking relief may elect to adjudicate the right to possession prior to obtaining immediate relief to obtain

5278-403: The party in default could also face the original action being restored. The settlement of the lawsuit defines legal requirements of the parties and is often put in force by an order of the court after a joint stipulation by the parties. In other situations (as where the claims have been satisfied by the payment of a certain sum of money), the plaintiff and defendant can simply file a notice that

5369-585: The party in possession will not relinquish for one reason or another. Replevin is an action of civil law , not criminal law . Therefore, because of the differing standard of proof , a defendant found not guilty of criminal theft may nevertheless be required to return the disputed item or items in civil court. Replevin does not provide compensation for any monetary loss arising from the loss of use of some income-producing property item. Replevin involves return of an actual specific item or items, not monetary compensation for loss. Thus, it would not normally be used in

5460-442: The phrase "del roy" (of the king), whereas by about 1330 it had become "du roi" as in modern French. Anglo-Norman morphology and phonology can be deduced from its heritage in English. Mostly, it is done in comparison with continental Central French. English has many doublets as a result of this contrast: Compare also: The palatalization of velar consonants before the front vowel produced different results in Norman to

5551-415: The plaintiff wanted return of his chattel in specie , replevin was a more appropriate remedy than either trespass or trover in which only damages could be recovered. Restoration of the property is, of course, only provisional, pending determination of title. In common law, several types of action existed with respect to deprivation of possession (being subdivided into the wrongful taking of chattels and

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5642-650: The property in question. In such cases, replevin actions are still designed to afford the petitioning party a relatively speedy process for obtaining judgment, as compared to typical lawsuits. The summary remedy afforded by replevin statutes can be thwarted by defendants who contest the claimant's right to possession, by contesting the plaintiff's complaint, and insisting on traditional litigation involving discovery, and in some cases, trial by jury. Replevin actions are often filed by secured creditors seeking to take possession of collateral securing loans or other debt instruments, such as retail installment contracts. A common example

5733-411: The property is sought and if the party filing the action is content to wait for an adjudication of final rights. In a case in which immediate possession of property is sought, the petitioning creditor is often required to post a bond to protect the defendant against wrongful detention. That approach can be a very powerful weapon in a case of someone holding property wrongly because it deprives the holder of

5824-425: The question to be determined was that of wrongful distress. Excess and abuse of distress was punished. Since the distrainor did not get possession he was not originally liable in trespass, and the spheres of the two forms of action remained distinct. During the fourteenth century, after some vacillation by judges, it was held that the plaintiff could elect which remedy he chose when the chattels had been distrained. It

5915-564: The release, but the party seeking to prevent disclosure must show that harm or prejudice would result from the disclosure. In specific states such as California, however the burden is on the party seeking release of the confidential settlement. The confidentiality of settlements is controversial as it allows damaging actions to remain secret, as occurred in the Catholic sexual abuse scandal . In response, some states have passed laws which limit confidentiality. For example, in 1990 Florida passed

6006-433: The replevin action without posting a bond. Once service of process is achieved, the defendant will likely be required to attend a court hearing on a specific date, then the parties' rights to possession will be adjudicated. A plaintiff creditor can typically prevail in the case by offering testimony and business records showing the borrower/defendant's obligation to pay, and default in payment. The Court will thereafter issue

6097-432: The resolution of disputes over chattels. The action was in direct succession to the efforts made to regulate self-help, which were the origin of the law of tort. The form of legal recourse was in connection of distress ( distractio ). This was the practice of taking some chattel from the peasant or underling until some action was performed. In the medieval era the services for which distress could be levied were numerous, since

6188-961: The rural workers may have been derived from Norman French. An example is the Cumbrian term sturdy for diseased sheep that walk in circles, derived from étourdi meaning dizzy. The Norman invasion of Ireland began in 1169, on the first of May in Bannow Bay , and led to Anglo-Norman control of much of the island. Norman-speaking administrators arrived to rule over the Angevin Empire 's new territory. Several Norman words became Gaelic words, including household terms: garsún (from Norman garçun , "boy"); cóta ( cote , "cloak"); hata ( hatte , "hat"); gairdín ( gardin , "garden"); and terms relating to justice (Irish giúistís , bardas (corporation), cúirt (court)). Place-names in Norman are few, but there

6279-463: The settlers who came with William the Conqueror, but also the continued influence of continental French during the Plantagenet period . Though it is difficult to know much about what was actually spoken, as what is known about the dialect is restricted to what was written, it is clear that Anglo-Norman was, to a large extent, the spoken language of the higher social strata in medieval England. It

6370-423: The similarly denasalised vowels of modern Norman), but later developed their modern pronunciation in English. The word veil retains the /ei/ (as does modern Norman in vaile and laîsi ) that in French has been replaced by /wa/ voile , loisir . Since many words established in Anglo-Norman from French via the intermediary of Norman were not subject to the processes of sound change that continued in parts of

6461-456: The states of Wisconsin and Louisiana , if a person who finances an automobile, becomes a registered owner of that vehicle and fails to make payments as agreed, the lienholder cannot simply repossess the vehicle. The lienholder must go to court and obtain an order of replevin. In many cases, parties initiating a replevin action will elect not to gain immediate possession of the collateral or other wrongfully-held property and will instead file

6552-458: The time in the evening when all fires had to be covered to prevent the spread of fire within communities with timber buildings. The word glamour is derived from Anglo-Norman grammeire , the same word which gives us modern grammar ; glamour meant first "book learning" and then the most glamorous form of book learning, "magic" or "magic spell" in Medieval times. The influence of Anglo-Norman

6643-414: The unique insular dialect now known as Anglo-Norman French, which was commonly used for literary and eventually administrative purposes from the 11th until the 14th century. The term "Anglo-Norman" harks back to the time when the language was regarded as being primarily the regional dialect of the Norman settlers. Today the generic term "Anglo-French" is used instead to reflect not only the broader origin of

6734-407: The unjust detention of them, even where the original taking was lawful): At common law, the ordinary action for the recovery of goods wrongfully taken was originally one of detinue , but no means of immediate recovery was possible until the action was tried. Replevin arose to deal with the matter of the illegal distress of goods for rent or damage feasant , in order to procure their restoration to

6825-437: The use of Anglo-French expanded into the fields of law, administration, commerce, and science, in all of which a rich documentary legacy survives, indicative of the vitality and importance of the language. By the late 15th century, however, what remained of insular French had become heavily anglicised: see Law French . It continued to be known as "Norman French" until the end of the 19th century even though, philologically, there

6916-404: The use of the property while the case is awaiting trial, thereby putting pressure on the holder to settle the matter quickly. This replevin process falls into two stages: Replevin is used when the party having the right of property cannot simply invoke self-help and take the property back. If the party has the ability to do so directly, the action is referred to as repossession . For example, in

7007-532: The utility, however, it is possible for one to reconnect the device and continue obtaining the commodity in question. In such cases, the utility could seek replevin for the utility meter itself, thereby preventing this practice. In the 1899 case of McGregor v. McGregor , Irving J of the British Columbia Supreme Court wrote: An action of replevin may be brought The word 'wrongfully' is applicable to both cases. 'Wrongfully ... imports

7098-477: The very local (and most anglicised ) to a level of language which approximates to and is sometimes indistinguishable from varieties of continental French. Typically, therefore, local records are rather different from continental French, with diplomatic and international trade documents closest to the emerging continental norm. English remained the vernacular of the common people throughout this period. The resulting virtual trilingualism in spoken and written language

7189-680: The words introduced to England as part of Anglo-Norman were of Germanic origin. Indeed, sometimes one can identify cognates such as flock (Germanic in English existing prior to the Conquest) and floquet (Germanic in Norman). The case of the word mug demonstrates that in instances, Anglo-Norman may have reinforced certain Scandinavian elements already present in English. Mug had been introduced into northern English dialects by Viking settlement. The same word had been established in Normandy by

7280-471: The works of contemporary French writers whose language was prestigious. Chaucer - himself of Norman origin - is considered to be the father of the English language and the creator of English as a literary language. The major Norman-French influence on English can still be seen in today's vocabulary. An enormous number of Norman-French and other medieval French loanwords came into the language, and about three-quarters of them are still used today. Very often,

7371-491: The writ de proprietate probanda – a writ "concerning the proof of ownership". During the seventeenth and eighteenth centuries the action of trover also arose, which largely replaced that of trespass in the matter of wrongful distress. Replevin and trover never completely coincided, because there was a limitation on replevin. Until the Common Law Procedure Act 1854 came into effect in England and Wales,

7462-579: Was a dialect of Old Norman that was used in England and, to a lesser extent, other places in Great Britain and Ireland during the Anglo-Norman period. According to some linguists, the name Insular French might be more suitable, because "Anglo-Norman" is constantly associated with the notion of a mixed language based on English and Norman. According to some, such a mixed language never existed. Other sources, however, indicate that such

7553-454: Was a provisional remedy. Its provision was to procure for the plaintiff the return of chattels taken out of his possession until the right to their possession could be decided by a court of law. No doubt, it was designed to avoid quarrels likely to cause a breach of the peace pending a settlement of the dispute about the right to possession. In other words, the rule of law was beginning to replace that of local force of arms and personal conflict as

7644-426: Was also held that replevin could be used in place of the writ of trespass de bonis aspotatis (trespass by the asportation of goods). In reality, there is little evidence this substitution ever occurred with any frequency, if at all. The rule involved interference with the possession of a chattel by the rightful owner. In 1856, Mennie v. Blake summarized the law of replevin by stating, "... it seems clear that replevin

7735-650: Was banished from the courts of the common law in 1731, almost three centuries after the king ceased speaking primarily French. French was used on moots in the Inner Temple until 1779. Anglo-Norman has survived in the political system in the use of certain Anglo-French set phrases in the Parliament of the United Kingdom , where they are written by hand on bills by the Clerk of the Parliaments or Clerk of

7826-461: Was not the main administrative language of England: Latin was the major language of record in legal and other official documents for most of the medieval period. However, from the late 12th century to the early 15th century, Anglo-French was much used in law reports, charters, ordinances, official correspondence, and trade at all levels; it was the language of the King, his court and the upper class. There

7917-480: Was nothing Norman about it. Among important writers of the Anglo-Norman cultural commonwealth is Marie de France . The languages and literature of the Channel Islands are sometimes referred to as Anglo-Norman, but that usage is derived from the French name for the islands: les îles anglo-normandes . The variety of French spoken in the islands is related to the modern Norman language , and distinct from

8008-492: Was one of medieval Latin, Anglo-Norman and Middle English. From the time of the Norman Conquest (1066) until the end of the 14th century, French was the language of the king and his court. During this period, marriages with French princesses reinforced the royal family's ties to French culture. Nevertheless, during the 13th century, intermarriages with English nobility became more frequent. French became progressively

8099-513: Was spoken in the law courts, schools, and universities and, in due course, in at least some sections of the gentry and the growing bourgeoisie. Private and commercial correspondence was carried out in Anglo-Norman or Anglo-French from the 13th to the 15th century though its spelling forms were often displaced by continental French spellings. Social classes other than the nobility became keen to learn French: manuscripts containing materials for instructing non-native speakers still exist, dating mostly from

8190-411: Was the first to write in English. By the end of the 15th century, French became the second language of a cultivated elite. Until the end of the 13th century, Latin was the language of all official written documents. Nevertheless, some important documents had their official Norman translation, such as Magna Carta of 1215. The first official document written in Anglo-Norman was a statute promulgated by

8281-491: Was very asymmetrical: very little influence from English was carried over into the continental possessions of the Anglo-Norman kings. Some administrative terms survived in some parts of mainland Normandy: forlenc (from furrow , compare furlong ) in the Cotentin Peninsula and Bessin , and a general use of the word acre (instead of French arpent ) for land measurement in Normandy until metrication in

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