Ever get into a legal dispute with the odds stacked against you? Why not opt for a Trial By Combat, just like in Game of Thrones? Surely, such a thing only exists in the fictional world of Westeros. Only it doesn’t. It’s a real old-world law. One that a New York Lawyer is trying very hard to bring back.
According to the New York Post, a Staten Island lawyer named Richard Luthmann has filed papers with the New York State Supreme Court to be granted the right to decide a case through a trial….by combat. Yes, to the death! Apparently Luthmann feels that wheels of justice move far to slowly, and trial by combat would serve as a means to decide legal cases without all the litigation.
Luthmann is an “admitted fan” of HBO hits series Game of Thrones, and the show has most definitely inspired his legal actions. But, this is a very real course this Staten Island lawyer is pursuing. Apparently, Luthmann allegedly assisted a client of his in fulfilling a fraudulent transfer of money. It’s unclear who stands accused, but it seems that Luthmann is just as much in a legal jam as his client… something he has decided can only be settled in a fight to the death.
Is this even possible?
Luthmann claims that, from a legal perspective, his request is a reasonable one that should be taken seriously by the court as a viable request.
The common law of Britain was in effect in New York in 1776 [when the United States was established]. And the Ninth Amendment of the Constitution recognizes the penumbra of those rights. [In layman’s terms,] it’s still on the books.
The court filing is worded as follows:
Defendant invokes the common law writ of right and demands his common law right to Trial By Combat as against plaintiffs and their counsel, whom plaintiff wishes to implead into the Trial By Combat by writ of right.
Luthmann then goes into a detailed history of the practice, going all the way back to the 11th century conquest of England by Duke William II of Normandy. He goes on to assert that no U.S. court has ever explicitly outlawed the practice.
“Since , no American court in post-independence United States to the undersigned’s knowledge has addressed the issue, and thus the trial by combat remains a right reserved to the people and a valid alternative to civil action,” Luthmann writes.
We at Nerd Bastards don’t know the legal hurdles in which would have to be overcome to actually make possible a Trial By Combat, but obviously, there has to be some conflicting laws that would overturn such a thing from happening. Still, the matter is being pursued very aggressively.
If such a thing were to come to be, can you imagine how quickly it would cut down on frivolous and nuisance cases? And how about the appointed champions? Who would you choose to fight in your place?
Category: Nerd Culture