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Desuetude
In law, desuetude (; , ) is a doctrine that causes statutes, similar legislation, or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time. It is what happens to laws that are not repealed when they become obsolete. It is the legal doctrine that long and continued non-use of a law renders it invalid, at least in the sense that courts will no longer tolerate punishing its transgressors. The policy of inserting sunset clauses into a constitution or charter of rights (as in Canada since 1982) or into regulations and other delegated/subordinate legislation made under an act (as in Australia since the early 1990s) can be regarded as a statutory codification of this doctrine. English law The doctrine of desuetude has been diluted in the common law tradition. The doctrine went into decline from the Middle Ages, when the counter-notion became prevalent that enrolled bill rule existed: the king's assent was required to nullify a cle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unenforced Law
An unenforced law (also symbolic law, dead letter law) is a law which is formally in effect (''de jure''), but is usually ('' de facto'') not penalized by a jurisdiction. Such laws are usually ignored by law enforcement, and therefore there are few or no practical consequences for breaking them. The existence of unenforced laws has been criticized for undermining the legal system in general, as such laws may be selectively enforced. Overview Unenforced laws may be enacted purely for symbolic reasons, with little or no intention of enforcement.The legal system: a social science perspective retrieved 29 January 2012 There are also circumstances in which an otherwise enforced law is not; for example, [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sunset Provision
In public policy, a sunset provision or sunset clause is a measure within a statute, regulation, or other law that provides for the law to cease to be effective after a specified date, unless further legislative action is taken to extend it. Unlike most laws that remain in force indefinitely unless they are amended or repealed, sunset provisions have a specified expiration date. Desuetude renders a law invalid after long non-use. Origin The roots of sunset provisions are laid in Roman law of the mandate but the first philosophical reference is traced in the laws of Plato.Antonios Kouroutakis, "The Constitutional Value of Sunset Clauses" Routledge 2017 At the time of the Roman Republic, the empowerment of the Roman Senate to collect special taxes and to activate troops was limited in time and extent. Those empowerments ended before the expiration of an electoral office, such as the Proconsul. The rule ''Ad tempus concessa post tempus censetur denegata'' is translated as "what is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malum In Se
(plural ) is a Latin phrase meaning or . The phrase is used to refer to conduct assessed as sinful, contradictory to natural law or inherently wrong by nature, independent of regulations governing the conduct. It is distinguished from , which refers to acts that are wrong only because they are prohibited by law. For example, most human beings believe that murder, rape, and theft are wrong, regardless of whether a law governs such conduct or where the conduct occurs, and is thus recognizably . In contrast, crimes are criminal not because they are inherently bad, but because the act is prohibited by the law of the state. For example, most United States jurisdictions require drivers to drive on the right side of the road. This is not because driving on the left side of a road is considered immoral, but because consistent rules promote safety and order on the roads. The question between inherently wrong versus prohibited most likely originated in Plato's Socratic dialogue, Eu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malum Prohibitum
''Malum prohibitum'' (plural ''mala prohibita'', literal translation: "wrong s or becauseprohibited") is a Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct that is evil in and of itself, or '' malum in se''. Conduct that is so clearly violative of society's standards for allowable conduct that it is illegal under English common law is usually regarded as ''malum in se''. An offense that is ''malum prohibitum'' may not appear on the face to directly violate moral standards. The distinction between these two cases is discussed in ''State of Washington v. Thaddius X. Anderson'': Examples of offenses that are generally regarded as ''mala prohibita'' include disorderly conduct, gambling, possession of a controlled substance, prostitution, public intoxication, resisting arrest, speeding, and vagrancy. See also * Public-order crime In criminology, public-order crime is defined by Siegel (2004) a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
West Virginia Supreme Court Of Appeals
The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's state courts. The court sits primarily at the West Virginia State Capitol in Charleston, although from 1873 to 1915, it was also required by state law to hold sessions in Charles Town in the state's Eastern Panhandle. The court also holds special sittings at various locations across the state. Although the West Virginia Constitution allowed for an intermediate court of appeals to be created, the Legislature declined to do so from 1974 until 2021. Thus, the Supreme Court provided the only review of the decisions of the state's trial courts of general jurisdiction, the West Virginia Circuit Courts, during that period. In December 2010, the Supreme Court promulgated a major revision of West Virginia's rules of appellate procedure, by which it provided that it would hear all properly perfected appeals of right from the circuit courts. Beginning J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
West Virginia
West Virginia is a mountainous U.S. state, state in the Southern United States, Southern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States.The United States Census Bureau, Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bureau of Labor Statistics classifies the state as a part of the Mid-Atlantic (United States), Mid-Atlantic regionMid-Atlantic Home : Mid-Atlantic Information Office: U.S. Bureau of Labor Statistics" www.bls.gov. Archived. It is bordered by Pennsylvania and Maryland to the northeast, Virginia to the southeast, Kentucky to the southwest, and Ohio to the northwest. West Virginia is the List of U.S. states and territories by area, 10th-smallest state by area and ranks as the List of U.S. states and territories by population, 12th-least populous state, with a population of 1,769,979 residents. The capital and List of municipalities in West Virginia, most populou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Scold
In the common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ... of criminal law, crime in England and Wales, a common scold was a type of public nuisance—a troublesome and angry person who broke the public peace by habitually Chastise, chastising, arguing, and wikt:quarrel#Noun, quarrelling with their neighbours. Most punished for scolding were women, though men could be found to be scolds. The offence, which carried across in the English colonisation of the Americas, was punished by fines and public humiliation: cucking stool, dunking (being arm-fastened into a chair and dunked into a river or pond); parading through the street; being put in the scold's bridle (branks) or the stocks. Selling bad bread or bad ale was also punished in these ways in some parts of Englan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cucking Stool
Ducking stools or cucking stools were chairs formerly used for punishment of disorderly women, scolds, and dishonest tradesmen in medieval Europe and elsewhere at later times. The ducking-stool was a form of , or "women's punishment", as referred to in Langland's ''Piers Plowman'' (1378). They were instruments of public humiliation and censure both primarily for the offence of scolding or backbiting and less often for sexual offences like bearing an illegitimate child or prostitution. The stools were technical devices which formed part of the wider method of law enforcement through social humiliation. A common alternative was a court order to recite one's crimes or sins after Mass or in the market place on market day or informal action such as a Skimmington ride. They were usually of local manufacture with no standard design. Most were simply chairs into which the offender could be tied and exposed at her door or the site of her offence. Some were on wheels like a tumbrel t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pennsylvania Supreme Court
The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It began in 1684 as the Provincial Court, and casual references to it as the "Supreme Court" of Pennsylvania were made official in 1722 upon its reorganization as an entity separate from the control of the colonial governor. It claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Judicial Court. The Supreme Court of Pennsylvania maintains a discretionary docket, meaning that the Court may choose which cases it accepts, with the exception of mandatory death penalty appeals, and certain appeals from the original jurisdiction of the Commonwealth Court. This discretion allows the Court to wield powerful influence on the formation and interpretation of Pennsylvania law. History The original Pennsylvania constitutions, drafted by William Penn, established a Provincial Court under the control of hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Walz V
Walz is a surname of German origin derived from the name Walter. Notable people with the surname include: * Barbra Walz (1950/1951–1990), American fashion photographer * Carl E. Walz (born 1955), American astronaut * Christian Walz (born 1978), Swedish musician *C-Rayz Walz (born 1979), stage name of Waleed Shabazz an American rapper * Dale Walz (1964–2024), American politician and police officer * Ernst Christian Walz (1802–1857), German archaeologist * Franz Walz (1885–1945), German fighter pilot * Gottlob Walz (1881–1943), German diver * Gwen Walz (born 1966), American civic leader and educator * Hanna Walz (1918–1997), German politician * Hans Walz (1883–1974), German merchant * Janina Hettich-Walz (born 1996), German biathlete * Jeff Walz (born 1971), American basketball coach * John Walz (1844–1922), American sculptor * Karl Walz (1900–1990), German politician * Lynne Walz (born 1963), American State Senator * Marcus Walz (born 1994), Spanish sprint canoeist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
