Historical Development Of Eviction Laws

An eviction lawsuit is not a modern invention. Its elements developed over the course of centuries, some surprisingly long time ago. This short article is an attempt to cover most noticeable cornerstones.

Comparing Housing Regulations Across Atlantic

As economy improves, so does the housing market. Increased activity on that market causes prices to go up, together with the pressure on tenants who pay below the market rent. This general rule appears to work the same way in various urban markets, which makes it interesting to take a look at how it is handled across the Atlantic, in London, UK.

Access to UK Caselaw And Beyond

If you need to look up a case decided in United Kingdom, try this free database. While there, look at the right column, entitled "World Law Resources," it has links to a collection of world jurisdictions.

Affirmanti, non neganti, incumbit probatio

AFFIRMANTI, NON NEGANTI, INCUMBIT PROBATIO
a more common form: Ei incumbit probatio qui dicit, non qui negat

Meaning: The proof lies upon one who affirms, not upon one who denies.

The maxim provides a rule in establishing a presumption of who initially carries the burden of proof. This is a deep-rooted and well known maxim, mentioned in the Blackstone's Commentaries (Book 3, p.366 (1791)) as one established both in common and civil laws. It appears to be a part of the Justinian I's Corpus Juris Civilis (Digest book*), completed in 533 A.D. And even there, it is referred as "A maxim of Paulus," enforced by the Emperor Pius' rescript. Its full cite and a detailed account are given here.

Books to read

If you have ever scanned through biographies of successful figures in legal profession, you could not miss a similar element in their upbringing. It is a very basic, foundational element: their education. Being educated is not the whole recipe, but is an unavoidable ingredient for success in a "learned" profession. This necessity, traditionally, is a costly one, and a large share of the costs fell on books.

From Cicero's times, "books, like works of art, were expensive." You would think that with the advance of printing technology the prices would drop, yet the textbooks remain extremely expensive today,* and the prices are on the rise. Imagine, how different our history would be, if Thomas Jefferson wouldn't be lucky to inherit his father's library and then get another one from George Wythe. The world will be all so more different if Abraham Lincoln, who "was mostly self-educated and was an avid reader and often sought access to any new books in the village," wouldn't be able to self-educate himself with books.

Not Having The Fear of God Before His Eyes: How Long Does It Take to Separate Religion From Indictment? [208+ years]

When I studied the legal maxim "Allegata et Probata" and came across a 1778 case Respublica v. Carlisle, 1 U.S. 35 (1778), it caught my eye that the allegations against the defendant were made with a help of religious reference to God and Devil: "not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil."

The allegation sounded very romantic, but looked suspicious for its place in a middle of an indictment of a serious criminal case. I thought to myself, this smells like an issue of mixing religion with the government, and decided to look closer. Here is what I found: