Also known as: judicial assizes · assize · assizes
Written by attorneys · grounded in primary & secondary sources — see below
An ancient form of jury trial begun by judicial writ and deriving from pleas of gage, mort d'ancestor, and darrein presentment.
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Javier Jimenez faced a neighbor's claim of serious injury after a confrontation on shared land. The court convened a judicial assize begun by judicial writ to try the plea of gage. The panel examined the actor's intent and the means employed rather than the unexpected outcome.
Jacob Jennings sued to recover ancestral property after a long absence. The judicial assize begun by judicial writ tried the plea of mort d'ancestor. The panel limited recovery to harms that both sides reasonably anticipated.
James Johnson challenged a criminal charge by arguing that the proceeding lacked settled historical usage. The judicial assize begun by judicial writ reviewed whether the method had immemorial roots in English practice before allowing it to proceed.
Jerome Jackson received a life sentence without parole for a nonviolent offense. The judicial assize begun by judicial writ examined historical practice to decide whether the punishment qualified under the governing standard.
Jose Jimenez contested the state's chosen lethal injection protocol. The judicial assize begun by judicial writ assessed whether the method created an objectively intolerable risk of severe pain compared with known alternatives.
Julia Jensen sought to regain possession of leased premises after nonpayment. The judicial assize begun by judicial writ determined whether the summary eviction process satisfied requirements for notice and hearing.
A judicial assize begins by judicial writ rather than an original writ. It historically arose from specific real-property pleas including gage, mort d'ancestor, and darrein presentment.
A judicial assize is commenced by judicial writ. A petty assize is commenced by an original writ that specifies the questions for the panel.
The judicial assize derives from the actions of gage, mort d'ancestor, and darrein presentment.
…proper to be taken into consideration." 1 W. Russell, Crimes and Misdemeanors 8 (citing King v. Grindley, Worcester Sum. Assizes 1819, MS). This exception was "slow to take root," however, Hall, Intoxication and Criminal Responsibility, 57 Harv. L. Rev. 1045, 1049 (1944), even in England. Indeed, in the 1835 case of…