champerty

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Related to champertous: Champarty

cham·per·ty

 (chăm′pər-tē)
n. pl. cham·per·ties
A sharing in the proceeds of a lawsuit by an outside party who has funded or assisted in funding the litigation.

[Middle English champartie, from Old French champart, the lord's share of the tenant's crop, from Medieval Latin campars, campīpars : Latin campī, genitive of campus, field; see campus + Latin pars, part; see part.]

cham′per·tous (-təs) adj.

champerty

(ˈtʃæmpətɪ)
n, pl -ties
(Law) law (formerly) an illegal bargain between a party to litigation and an outsider whereby the latter agrees to pay for the action and thereby share in any proceeds recovered. See also maintenance
[C14: from Anglo-French champartie, from Old French champart share of produce, from champ field + part share (a feudal lord's)]
ˈchampertous adj

cham•per•ty

(ˈtʃæm pər ti)

n.
a sharing in the proceeds of litigation in return for helping to prosecute or defend a case.
[1300–50; Middle English champartie <champart < Middle French: share of the produce (=champ field (see camp1) + part share, part)]
cham′per•tous, adj.
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.champerty - an unethical agreement between an attorney and client that the attorney would sue and pay the costs of the client's suit in return for a portion of the damages awarded; "soliciting personal injury cases may constitute champerty"
actus reus, wrongful conduct, misconduct, wrongdoing - activity that transgresses moral or civil law; "he denied any wrongdoing"
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
References in periodicals archive ?
In the early nineteenth century, several state courts pledged to adhere to the English Rule by voiding champertous contracts, which were defined by jurists of the period as the emerging practice of "parties not monied" to "stipulate for something out of what was recoverable" with attorneys in "what are called contingent fees.
Ontario courts have rejected the traditional view that third party funding arrangements are per se champertous or otherwise contrary to public policy.
In some jurisdictions, the distinctions between (a) transferring the value of the claim versus the claim itself and/or (b) transferring control over the claim versus the value of the claim differentiated between a void champertous transaction and a valid non-champertous transaction.
at 72 ("If champertous contracts can serve any good purpose--and they apparently can--it is not foresight, but the infantile psychosis of 'all-or-nothing' which demands that we discard them altogether.
Other states have refused to recognize champerty as anything more than a defense by a party to enforcement of the allegedly champertous agreement, implicitly rejecting a broader tort remedy.
173) At first instance, the funding agreement was found to be invalid as champertous.
However, he said, the supreme court used the risk argument against the companies, saying that if they were sharing in the plaintiff's risk that her case would be unsuccessful, then the transaction was champertous and illegal.
9] The English common law considered them illegal on the ground that they were champertous.
Florida courts should not undermine the settlement of civil actions by holding litigation loan agreements champertous or invalid Mary Carter agreements.
A champertous agreement is one in which an owner of a legal claim and a third, unrelated party agree to divide amongst themselves the proceeds of a litigation, if successful.
30) In Ohio, a surprising and oft-criticized decision declared litigation finance arrangements to be champertous and thus void under Ohio law.
In theory, champertous contracts could fund any sort of litigation.