Incriminal 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." West's Encyclopedia of American Law. . Encyclopedia.com. (February 20, 2018). http://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/barratry
"Barratry." West's Encyclopedia of American Law. . Retrieved February 20, 2018 from Encyclopedia.com: http://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/barratry
Encyclopedia.com gives you the ability to cite reference entries and articles according to common styles from the Modern Language Association (MLA), The Chicago Manual of Style, and the American Psychological Association (APA).
Within the “Cite this article” tool, pick a style to see how all available information looks when formatted according to that style. Then, copy and paste the text into your bibliography or works cited list.
Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia.com cannot guarantee each citation it generates. Therefore, it’s best to use Encyclopedia.com citations as a starting point before checking the style against your school or publication’s requirements and the most-recent information available at these sites:
Modern Language Association
The Chicago Manual of Style
American Psychological Association
- Most online reference entries and articles do not have page numbers. Therefore, that information is unavailable for most Encyclopedia.com content. However, the date of retrieval is often important. Refer to each style’s convention regarding the best way to format page numbers and retrieval dates.
- In addition to the MLA, Chicago, and APA styles, your school, university, publication, or institution may have its own requirements for citations. Therefore, be sure to refer to those guidelines when editing your bibliography or works cited list.