EXPEDITIO BREVIS

4 definitions found across Law Mind sources

EXPEDITIO BREVISAuthored
The Law Mind • 681 words
Definition
A Latin term from old common law practice meaning the service of a writ. The phrase translates literally as "the dispatch (or sending forth) of a writ," and refers to the procedural act of delivering or executing a writ upon the party to whom it was directed. As a term of art, it named the formal step by which a writ issued from a court was put into operation — that is, served upon a defendant or other relevant party to commence or advance legal proceedings. The term belongs to the vocabulary of early common law pleading and writ practice, when Latin remained the official language of English legal proceedings. It does not survive in modern legal usage, having been displaced by plain-English procedural terminology following law reform movements of the nineteenth century.
Why It Matters in Research
This term appears almost exclusively in sources predating the abolition of Latin from English court records (formally accomplished in stages through the eighteenth and nineteenth centuries). Researchers encountering it in historical pleading records, Year Books, or early treatises on practice should understand it as a reference to writ service — a step that was jurisdictionally and procedurally significant because improper service could defeat an action entirely. The sole substantive citation across all three historical dictionaries is Townshend's Precedents of Pleadings (cited as "Townsh. Pl. 43"), a specialized work on early English pleading forms. Researchers tracing the term should look to that treatise and to comparable works on common law writ practice. The term will not appear in modern procedural sources, statutory indexes, or post-reform digests. A practical trap: researchers using full-text search tools on digitized historical legal materials may encounter variant Latin spellings or abbreviations. "Expeditio brevis" should not be confused with "expeditio" in its broader non-legal sense (military expedition or dispatch), which appears frequently in Latin texts of the same period. Context — specifically, a pleading or practice context — confirms the procedural meaning.
Historical Dictionary Support
Black's Law Dictionary (both the first and second editions) and Burrill's Law Dictionary are in complete agreement: all three define the term identically and cite the same single source, Townshend's Precedents of Pleadings at page 43. The uniformity of the entry across these dictionaries reflects the term's narrow scope — it was a fixed technical label for a specific procedural act, and there was apparently no meaningful doctrinal dispute or evolution to record. What the historical dictionaries do not supply is any doctrinal elaboration: no explanation of how service was accomplished, what defects in expeditio brevis might void proceedings, or how the term related to the broader taxonomy of writ practice. Researchers needing that context must go beyond the dictionary record to treatises on early common law procedure, such as Glanvill, Bracton, or Fitzherbert's Natura Brevium, which address the lifecycle of writs in greater depth. The brevity of every recorded entry for this term is itself informative: even within historical legal dictionaries, expeditio brevis was treated as a minor technical label, not a concept requiring extended analysis.
Jurisdictional Note
The term is specific to the historical English common law and jurisdictions that directly inherited early English writ practice. It has no recognized usage in civil law systems. American legal materials employing the term, if any exist, would date from the colonial or very early republic period and would reflect borrowed English pleading practice.
Related Terms
Writ — the instrument whose service expeditio brevis describes Service of process — the modern procedural successor concept Mesne process — writs issued during the course of an actionas distinguished from original or final process Breve — Latin for writ; the root noun in the phrase Original writ — the writ initiating an action at common law Return of writ — the procedural step following serviceby which the officer reported execution back to the court Process — the broader category encompassing writs and their service Latitat — an example of a specific writ whose service would have been described by this term in practice
EXPEDITIO BREVISmain
Black's Law Dictionary • 1891
In old practice. The service of a writ. Townsh. Pl. 43.
EXPEDITIO BREVISmain
Burrill's Law Dictionary • 1867
L. Lat. In old practice. The service of a writ. Towns. Pl. 43.
EXPEDITIO BREVISmain
Black's Law Dictionary (2nd Ed.) • 1910
In old practice. The service of a writ. Townsh. Pl. 43.

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