Amercement

Amercement

An amercement is a financial penalty in English law, common during the Middle Ages, imposed either by the court or by peers. While it is often synonymous with a fine, it differs in that a fine is a fixed sum prescribed by statute and was often voluntary, while an amercement is arbitrary. They were commonly used as a punishment for minor offenses (such as trespassing in the King's forest), as an alternative to imprisonment.

Referred to in Frantz v. U.S. Powerlifting Federation 836 F.2d 1063 (7th Cir. 1987). In a discussion about the imposition of FRCP Rule 11 sanctions on a plaintiff's attorney, the decision says, "The complaint in this case was frivolous, which calls at a minimum for censure of Victor D. Quilici, the plaintiffs' lawyer. Whether it calls for amercement - and, if so, whether Cotter or the Treasury is the appropriate beneficiary - is something the district court should consider as an initial matter."

A cause of action in amercement will exist against a sheriff who refused to seize property under a writ of execution. Vitale v. Hotel California, Inc., 446 A.2d 880 (N.J. Super. Ct. Law 1982).


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  • Amercement — A*merce ment, n. [OF. amerciment.] The infliction of a penalty at the discretion of the court; also, a mulct or penalty thus imposed. It differs from a fine, in that the latter is, or was originally, a fixed and certain sum prescribed by statute… …   The Collaborative International Dictionary of English

  • amercement — amerce·ment /ə mərs mənt/ n [Anglo French amerciment, from amercier to fine, from Old French a merci at one s mercy]: a fine or damages imposed at the discretion of the court Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • amercement — fine (see under PENALIZE) …   New Dictionary of Synonyms

  • Amercement — 1) A financial penalty inflicted at the MERCY of the king or his justices for various minor offences. The offender is said to be IN MERCY and the monies paid to the crown to settle the matter is called amercement (See also Fine). 2) Sum paid to… …   Medieval glossary

  • amercement — See amerceable. * * * ▪ English law       in English law, an arbitrary financial penalty, formerly imposed on an offender by his peers or at the discretion of the court or the lord. Although the word has become practically synonymous with “fine,” …   Universalium

  • Amercement — Amerce|ment [ə mə:smənt] das; s, s <aus gleichbed. engl. amercement zu to emerce »(be)strafen«> (veraltet) Geldbuße, Geldstrafe (Rechtsw.) …   Das große Fremdwörterbuch

  • amercement — /amarsmant/ A money penalty in the nature of a fine imposed upon an officer for some misconduct or neglect of duty. Sherman v. Upton, Inc., S.D., 242 N.W.2d 666, 667. At common law, it was assessed by the peers of the delinquent, or the affeerors …   Black's law dictionary

  • amercement — /amarsmant/ A money penalty in the nature of a fine imposed upon an officer for some misconduct or neglect of duty. Sherman v. Upton, Inc., S.D., 242 N.W.2d 666, 667. At common law, it was assessed by the peers of the delinquent, or the affeerors …   Black's law dictionary

  • Amercement royal — Amercement A*merce ment, n. [OF. amerciment.] The infliction of a penalty at the discretion of the court; also, a mulct or penalty thus imposed. It differs from a fine, in that the latter is, or was originally, a fixed and certain sum prescribed… …   The Collaborative International Dictionary of English

  • amercement — noun see amerce …   New Collegiate Dictionary

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