Law 101: Definitions- scope and limitations of Law- Something laid down or settled. A general principle; any rule or principle expected to be observed; the system of courts in which such rules are referred to in defense of one’s rights. In conformity with the principles of law; permitted by law; recognized or established by law; Prescribed by the supreme power of the state to its subjects; Used to signify and oath or the privilege of being sworn.; favorath, justice, right, charity, life, liberty dower and property. Respecteth the bonds of nature. Law-Saxon- “lagu”- Anglo-Saxon law (Old English ǣ, later lagu law; dōm decree, judgement) is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with early Scandinavian law and continental Germanic law, descended from a family of ancient Germanic custom and legal thought. However, Anglo-Saxon law codes are distinct from other early Germanic legal statements - known as the leges barbarorum - in part because they were written in Anglo-Saxon, instead of in Latin. The laws of the Anglo-Saxons were the first in medieval Western Europe to be expressed in a language other than Latin. Law-Latin- “Jus”- [Latin, Of right; of law.] A phrase that serves as the root for diverse terms and phrases dealing with the law; for example, jurisdiction, Jurisprudence, or jurist. Law- Roman-“Legis”-At Rome, Leges( the decrees of the people in a strict sense) were laws which were proposed by the magistrate presiding in the senate and adopted by the Roman People Natural Law-(Gods law)-The rule and dictate of right reason, Showing the moral deformity or moral necessity there is an act, according to the suitableness or unsuitableness to a reasonable nature. Positive law-Kaw actually and specifically enacted or adopted by proper authority for the government of an organized jural society. The “Law” in the sense in which that term is employed in jurisprudence, is enforced by the sovereign political authority. It is thus distinguished not only from all rules which like the principles of morality and the so-called laws of honor and fashion; are enforced by an indeterminate authority, but also from all rules enforced by a indeterminate authority, but also from all rules enforced by a determinate authority which is either, on one hand superhuman or on the other hand politically subordinate. In order to emphasize the fact that laws in a strict sense of the term are authoritatively imposed, they are described as positive laws Natural Liberty- The power of the acting as one thinks fit without any restraint or control, unless by the laws of nature. Jurisprudence- The philosophy of law, or the science which treats the principles of positive law and legal relations. Jurisdiction- The power and authority constitutionally conferred upon a court or judge to pronounce a sentence of the law, or to award remedies provided by law, upon a state of facts, proved or admitted, referred to a tribunal for decision and authorized by law to be the subject of investigation by that tribunal and who in favor of or against the persons who present themselves, or who are brought before the court in some manner sanctioned by law as proper and sufficient. Subject- one that owes his allegiance to a sovereign and subject to his laws Arbitrary law-opposed to immutable; not founded in the nature of things but imposed by the mere will of the legislature. Written law- a law or rule prescribed or enacted BY THE SOVEREIGN Law of the land- intended law that hears before it condemns; renders judgment only after trial; the meaning that all citizens are to hold life, liberty, property and immunities under the protection of general rules. Everything that passes as an enactment is not the law of the land. It means due process of law warranted by the constitution, by the common law adopted by the constitution or by statutes passed in pursuance of the constitution. Enactment-to establish by law; decree Legal- Of, created by, based upon or authorized by law; legal standard or test Illegal- Prohibited by law; against the law; unlawful; not authorized by law Lawful- anything legal which laws do not forbid Lawful man- a freeman, unattained and capable of bearing an oath. Lawless man- an outlaw; one outside the law. Lawyer- a person learned in the law; as an attorney, counsel or solicitor. ANY person who for fee or reward prosecutes or defends causes in courts of record or other judicial tribunals of the United states or any of the states it is to give legal advice in relation to any cause whatever. ( 14stat 121) Unlawful-contrary to law. Infringe- To break (a law or agreement); fail; violate; encroach; trespass on the rights of others. Statutes- to provide relief from abuses Administrative Policy- Administer- discharge of duties of an office; to take charge of business, to manage affairs in the applications of things to their uses; Administration-in public law, the administration of government means the practical management and direction of the executive department, or of public machinery or functions or of the operations of the various organs of the sovereign; direct oversight of any office, service or employment. Administrative acts-act of an officer which are to be deemed acts of administration properly assigned to the executive department and those that are done to carry out legislative policies and purposes already declared by the legislative body or such as are devolved from the organic law of its existence. Administrative agency-an agency of the sovereign power charged with administering particular legislation. Administrative law- the branch of public law which deals with the organs of the sovereign power and prescribes in detail the manner of their activity, such as collection of revenue, regulation of military, citizenship and naturalization, sanitary measures, poor laws, coinage, public safety and morals. Administrative officer- an officer of the executive department of government and generally one of inferior rank, a legally, a ministerial or executive officer as distinguished from a judicial officer. Policy-the general principles by which government is guided in its management of public affairs or in its legislative measures Policy of Law- to discountenance certain classes of acts, transactions or agreements, or to refuse them its sanction because it is immoral, detrimental or subversive or contrary to the plan of civil regulations. Public Policy- principle of law which holds that no subject can lawfully do that which is injurious to public or against public good. The principles under which freedom of contract are restricted by law for the good of the community. Ordinance- a rule established by authority, a permanent rule of action, law or statute. The term is used to designate the enactments of the legislative body of a municipal corporation. Bill of Attainder- A legislative act that pronounces one guilty without trial or conviction and passing a sentence of death and attainder upon him Ex post facto law- no retrospective law; no law that can be made to criminalize one when no prior law had been made during an action. Ultra vires- A contract made by a corporation beyond the scope of its corporate powers defined by its charter or act of incorporation is unlawful; acts beyond the implied powers of a corporation and acting contrary to public policy is illegal.(state ex rel. v. Holston trust..168 Tenn. 546. 79 s.w.2d 1012, 1016) Sovereign(power)-a person, body or state which independent and supreme authority is vested, a chief ruler; a king or other ruler with limited power. ...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty. CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL 1793 pp471-472 The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative. Through the medium of their Legislature they may exercise all the powers which previous to the Revolution could have been exercised either by the King alone, or by him in conjunction with his Parliament; subject only to those restrictions which have been imposed by the Constitution of this State or of the U.S. Lansing v. Smith, 21 D. 89., 4 Wendel 9 (1829) (New York) California code: The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. This article shall be known and may be cited as the Bagley-Keene Open Meeting Act. Author- one who produces his own intellectual labor applies to materials of his own composition and arrangement of compilation new in itself. Authority- Permission; control over its jurisdiction; often synonymous with power; the lawful delegation of power from one to another; acts done in accordance with consent of the agent. Express authority- That given explicitly in writing or orally General authority- that which authorizes the agent to do everything connected within the scope of this delegation. Implied authority-acts included incident and necessary to the application of general and express authority. Limited authority- bound by precise directions Legal power- the right to command or act, the right of public officers to require obedience to their orders lawfully issues within the scope of their duties.
Posted on: Fri, 15 Aug 2014 01:54:36 +0000