Contumacy

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Template:Short description Contumacy is a stubborn refusal to obey authority or, particularly in law, the willful contempt of the order or summons of a court (see contempt of court). Etymologists derive the term from the Latin word Script error: No such module "Lang"., meaning "firmness" or "stubbornness".Script error: No such module "Footnotes".Script error: No such module "Check for unknown parameters".

In English ecclesiastical law, contumacy was contempt of the authority of an ecclesiastical court and was dealt with by the issue of a writ from the Court of Chancery at the instance of the judge of the ecclesiastical court. This writ took the place of the Script error: No such module "Lang". in 1813, by an act of George III (see excommunication).Script error: No such module "Footnotes".Script error: No such module "Check for unknown parameters".

In the U.S., while contumacy was not expressly mentioned in the U.S. Constitution, the courts have long asserted an inherent power of judges to punish such refusal, which in this context is known as contempt of court.Script error: No such module "Unsubst". The U.S. Supreme Court, in obiter dicta, recognized federal courts' inherent power to imprison a person for contumacy in 1812 in United States v. Hudson & Goodwin without a reference to a definition of contumacy in common or statutory law.[1]

See also

References

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  1. United States v. Hudson & Goodwin, 11 U.S. (7 Cranch) 32 - "The courts of the United States [...] have the power to fine for contempts, to imprison for contumacy, and to enforce the observance of their orders."

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Attribution:

  • Wikisource This article incorporates text from a publication now in the public domainScript error: No such module "template wrapper".

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Further reading

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