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Författare Ämne: Nämndeman- explain his work please  (läst 845 gånger)

2003-06-21, 18:36
läst 845 gånger

Ishbel Cormack

My dictionary says this is a lay assessor. I would appreciate a more complete description of the work that this person would be required to do and the qualifications he would need. The term was used to describe someone on a farm in Ukna.

2003-06-21, 21:26
Svar #1

Utloggad Tord Påhlman

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Nämndeman is a (permanent) member of a jury.

2003-06-21, 22:19
Svar #2

Utloggad Elisabeth Thorsell

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Ishbel, a rural district court (häradsrätt) consisted of a judge, who had a law education (häradshövding), and then a permanent jury of 12 men from the area, chosen amongst people with good economy and reputation. They could stay on the jury for many years, and often this honorary position was kind of inherited by sons or son-in-laws. The nämndeman with the longest service on the jury was declared to be a häradsdomare, which was highly regarded in his surroundings.
 
The county court (häradsrätt) met three times each year, and each time lasted for a couple of weeks.

2003-06-22, 01:28
Svar #3

Ishbel Cormack

Tord and Elizabeth: Were more serious cases dealt with in this disrict court? How did this court relate to the parish court? Thank you for your answers. I had the wrong idea. Glad Midsommar.
Ishbel

2003-06-22, 22:28
Svar #4

Utloggad Elisabeth Thorsell

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The häradsrätt was the basic court for a number of parishes, in Småland perhaps 15-20 in one härad. This court dealt with all kinds of cases, capital cases were referred to the court of Appeals (Göta Hovrätt, for Småland).
 
I am not sure what you mean by a parish court. The local parish council could fine people for misbehaving, being drunk in church etc., but otherwise it was the Häradsrätt which handled everything.

2003-06-22, 22:53
Svar #5

Anders Andersson

It's difficult to find appropriate English translations for the names of various judicial bodies, especially historical ones...
 
To my knowledge, there has never been a parish court. Since 1971, any legal issue (whether civil or criminal) is normally first heard before a magistrates/circuit/inferior court (tingsrätt), then optionally before an appellate court (hovrätt), and finally (in cases of special interest) before the supreme court (Högsta domstolen).
 
Before 1971, the inferior court was the magistrates' court (rådhusrätt) in the cities and the rural district or hundred court (häradsrätt) elsewhere. Originally court rulings were appealed directly to the King, but the system of appellate courts was established in the 1600's with the creation of Svea hovrätt in 1614. Other appellate courts were created later. In 1789, the Supreme Court (Högsta domstolen) was established under the chairmanship of the King, who maintained voting rights in the Supreme Court until 1909.
 
To answer your question, I believe the rural district court was supposed to hear any kind of case falling within its territorial jurisdiction, the hundred (härad, often a group of adjacent parishes). The cases may have been about theft, adultery, or murder, or the court may have been asked to resolve typical village disputes between neighbours (such as who was responsible for maintaining a particular fence). In a criminal case leading to a death sentence, the execution had to be approved by the King (capital punishment was abolished in 1921 for peacetime offences and in 1972 for wartime ones; the last execution took place in 1910).
 
Sources: Nationalencyclopedin (NE, 1989-1996), Fyrspråkig juridisk ordbok (1995; I won't recommend it since it's mostly useless to find out anything I don't already know)

2003-06-24, 20:13
Svar #6

Carolyn Johnson Eccles

I sometimes find in the härad records a session called an extraordinary ting. How did that court session differ from the regular 3 times a year court sessions?
Mvh
Carolyn

2003-06-24, 23:21
Svar #7

Utloggad Elisabeth Thorsell

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The extra ordinary ting (in Swedish urtima ting) convened when something serious had happened, like a huge burglary, a murder or some other deed that needed to be taken care of at once.  
 
The records of the urtima ting can sometimes be found in the same record books as the usual meetings, but sometimes in a special set of books.

2003-06-25, 03:24
Svar #8

Anders Andersson

The three court sessions (ting) per year were the routine already in medieval times, and it was codified in the Law of 1734. The King had the power to order changes to the schedule, and according to the 1872 Court Ordinance most judicial districts were to hold two sessions each year, the spring session from January 7 to Midsummer, and the fall session from August 24 to December 21. Thus it became possible to schedule new cases relatively soon within the ongoing session.
 
Source: Nordisk Familjebok (3rd edition, 1923-1937)

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