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Animus (law)
''Animus'' (Latin for "mind" or "soul") is a Law Latin term used in a variety of contexts to designate the motivations of a legal person. Criminal law In criminal law, ''animus nocendi'' ("intention to harm") refers to an accused's guilty state of mind with respect to the ''actus reus'' of the crime. It is thus analogous to ''mens rea'', a more commonly used term in common law countries. The term dates back to Roman understandings of censorship, where it referred to an author's impermissible intention in writing a literary work. In Scots law, the term ''animus malus'' ("evil intention") is sometimes used. Family law In family law, ''animus deserendi'' refers to one spouse's firm intention to leave the matrimonial home—and hence the marriage. When combined with the "''factum'' of separation," it "constitute desertion. Proof of desertion, in turn, has been grounds for divorce in some legal systems. Property law In property law, ''animus possidendi'' ("intent to posses ...
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Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ...
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Delhi
Delhi, officially the National Capital Territory (NCT) of Delhi, is a city and a union territory of India containing New Delhi, the capital of India. Straddling the Yamuna river, but spread chiefly to the west, or beyond its Bank (geography), right bank, Delhi shares borders with the state of Uttar Pradesh in the east and with the state of Haryana in the remaining directions. Delhi became a union territory on 1 November 1956 and the NCT in 1995. The NCT covers an area of . According to the 2011 census, Delhi's city proper population was over 11 million, while the NCT's population was about 16.8 million. The topography of the medieval fort Purana Qila on the banks of the river Yamuna matches the literary description of the citadel Indraprastha in the Sanskrit epic ''Mahabharata''; however, excavations in the area have revealed no signs of an ancient built environment. From the early 13th century until the mid-19th century, Delhi was the capital of two major empires, ...
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Dale Carpenter
Dale Carpenter (born December 27, 1966) is an American legal commentator and professor of law at the Southern Methodist University Dedman School of Law. He formerly served as the Earl R. Larson Professor of Civil Rights and Civil Liberties Law at the University of Minnesota Law School for sixteen years. As a professor, Carpenter specializes in constitutional law, the First Amendment, Due Process and Equal Protection clauses, sexual orientation and the law, and commercial law. Carpenter is a frequent speaker on issues surrounding same-sex marriage. Outside of traditional legal academic circles, he also wrote a regular column, "OutRight", for several gay publications across the United States. He is a regular contributor to the Independent Gay Forum as well as the weblog "The Volokh Conspiracy" and is regularly cited in American mainstream media. Early life and education Carpenter received his B.A. degree in history, magna cum laude, from Yale College in 1989. He received his Ju ...
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Constitution Of The United States
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ...
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Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the American Civil War, Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal justice under law, Equal Justice Under Law". This clause was the basis for ''Brown v. Board ...
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Possession (law)
In law, possession is the exercise of dominion by a person over property to the exclusion of others. To possess something, a person must have an intention to possess it and an apparent purpose to assert control over it. A person may be in possession of some piece of property without being its owner. The possession of property is commonly regulated under the property law of a jurisdiction. Intention to possess An intention to possess (sometimes called ''animus possidendi'') is the other component of possession. All that is required for this criterion is an intention to possess something for the time being. In common law countries, the intention to possess a thing is a question of fact that can be proven by acts of control and surrounding circumstances. It is possible to intend to possess something and to actually possess it without knowing that it exists. For example, someone who intends to possess a suitcase also intends to possess its contents even if they are unknown. It is ...
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Commentaries On The Laws Of England
The ''Commentaries on the Laws of England'' (commonly, but informally known as ''Blackstone's Commentaries'') are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford between 1765 and 1769. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. The ''Commentaries'' were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The ''Commentaries'' were influential largely because they were in fact readable, and becau ...
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Philadelphia
Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the United States, with a population of 1,603,797 in the 2020 United States census, 2020 census. The city is the urban core of the Philadelphia metropolitan area (sometimes called the Delaware Valley), the nation's Metropolitan statistical area, seventh-largest metropolitan area and ninth-largest combined statistical area with 6.245 million residents and 7.379 million residents, respectively. Philadelphia was founded in 1682 by William Penn, an English Americans, English Quakers, Quaker and advocate of Freedom of religion, religious freedom, and served as the capital of the Colonial history of the United States, colonial era Province of Pennsylvania. It then played a historic and vital role during the American Revolution and American Revolutionary ...
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Animus Revertendi
The term ''animus revertendi'' is a Latin phrase that means "with intention to relocate".Erni Barron's Law Dictionary 5th Edition. It can refer to an animal that is under the care of another, which distinguishes it from an animal ''ferae naturae'' (wild beast). It is a type of ownership right recognized by property law. This legal concept also supports the intent of a candidate not to abandon one's residence due to work or study.{{Citation needed, date=June 2020 The legal residence is protected by this legal concept. Purpose The concept was originally created to protect the rights of livestock holders that had free ranging animals. Without the recognition of ''animus revertendi'', any animal that strayed away from the owner's property onto public land could be killed and taken without any compensation to the original caretaker. It takes a lot of time and effort to raise and feed a beast. By recognizing that the caretaker has rights, it promotes the care and feeding of animals, espec ...
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Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feuda ...
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Environmental Law (journal)
''Environmental Law'' is a law review focused on environmental and natural resources law published by students at the Lewis & Clark Law School. Founded in 1969, it is the oldest law review covering natural resources and environmental law in the United States.''See generally''''Environmental Law's'' Homepage/ref> The journal is recognized as a national leader in its field and has featured articles by practitioners, academics, legislators, and justices of the United States Supreme Court. Overview ''Environmental Law'' publishes four issues each year and contains articles, essays, book reviews by lawyers and academics, and student-written notes and comments. Topics of discussion range from in-depth analysis of recent cases to more abstract discussions of the latest pollution prevention theories. The journal also publishes a ''Ninth Circuit Review'' on an annual basis as well as a "letters to the editor" section entitled "Clear the Air". ''Environmental Law'' is edited entirely by s ...
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First Possession Theory Of Property
Appropriation is a process by which previously unowned natural resources, particularly land, become the property of a person or group of persons. The term is widely used in economics in this sense. In certain cases, it proceeds under very specifically defined forms, such as driving stakes or other such markers into the land claimed, which form gave rise to the term "staking a claim." " Squatter's rights" are another form of appropriation, but are usually asserted against land to which ownership rights of another party have been recognized. In legal regimes recognizing such acquisition of property, the ownership of duly appropriated holdings enjoys such protections as the law provides for ownership of property in general. Under some systems using this method of acquiring ownership of land, it is permitted to employ violence in defending the duly appropriated holding against encroachment against the ownership or usage claims, again usually according to specifically defined forms incl ...
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