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Private Citizen
A private citizen is a citizen who does not have an official or professional A professional is a member of a profession or any person who work (human activity), works in a specified professional activity. The term also describes the standards of education and training that prepare members of the profession with the partic ... role in a given situation. The same person may be a private citizen in one role, and an official in another. For example, a legislator is an official when voting in the legislature, but a private citizen when paying taxes or when undertaking a citizen's arrest in a public place. A person may remain a de jure private citizen while having considerable political power and influence: ...Pericles, in his capacity as a private citizen, was able to dominate the affairs of the Athenian assembly, and to direct and guide the ''demos'' for nearly a generation. In law Private citizens in '' qui tam'' actions bring suit on behalf of the state but are not offic ...
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Citizen
Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationality; these two notions are conceptually different dimensions of collective membership. Generally citizenships have no expiration and allow persons to work, reside and vote in the polity, as well as identify with the polity, possibly acquiring a passport. Though through discriminatory laws, like disfranchisement and outright apartheid, citizens have been made second-class citizens. Historically, populations of states were mostly subjects, while citizenship was a particular status which originated in the rights of urban populations, like the rights of the male public of cities and republics, particularly ancient city-states, giving rise to a civitas and the social class of the burgher or bourgeoisie. Since then states have expan ...
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Idiot
An idiot, in modern use, is a stupid or foolish person. "Idiot" was formerly a technical term in legal and psychiatric contexts for some kinds of profound intellectual disability where the mental age is two years or less, and the person cannot guard themself against common physical dangers. The term was gradually replaced by "profound mental retardation", which has since been replaced by other terms. Along with terms like moron, imbecile, retard and cretin, its use to describe people with mental disabilities is considered archaic and offensive. Moral idiocy refers to a moral disability. Etymology The word "idiot" ultimately comes from the Greek noun ''idiōtēs'' 'a private person, individual' (as opposed to the state), 'a private citizen' (as opposed to someone with a political office), 'a common man', 'a person lacking professional skill, layman', later 'unskilled', 'ignorant', derived from the adjective ''idios'' 'personal' (not public, not shared).Liddell-Scott-Jone ...
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Private Rights
In the United States, a private right is one that a private citizen can vindicate in court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an .... Compared to public rights, a citizen must be able to show that they have "sustained or is immediately in danger of sustaining some direct injury" and not that they "suffer in some indefinite way in common with people generally." (see Frothingham v. Mellon, 262 U.S. 447, 488 (1923)). A distinction can be made between criminal rights and private rights, arguing that restrictions against ex post facto laws were not designed to protect citizens' contract rights. References *Black's Law Dictionary *Frothingham v. Mellon, 262 U.S. 447 *Hart & Weschler's Federal Courts and the Federal Court System, 5th ed. (2003) Law of the United States ...
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Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized (important or not). Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures", what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with '' Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activitie ...
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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 ...
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Citizen Suits
In the United States, a citizen suit is a lawsuit by a private citizen to enforce a statute. Citizen suits are particularly common in the field of environmental law. Citizen suits come in three forms. First, a private citizen can bring a lawsuit against a citizen, corporation, or government body for engaging in conduct prohibited by the statute. For example, a citizen can sue a corporation under the Clean Water Act (CWA) for illegally polluting a waterway. Second, a private citizen can bring a lawsuit against a government body for failing to perform a non-discretionary duty. For example, a private citizen could sue the Environmental Protection Agency for failing to promulgate regulations that the CWA required it to promulgate. In a third, less common form, citizens may sue for an injunction to abate a potential imminent and substantial endangerment involving generation, disposal or handling of waste, regardless of whether or not the defendant's conduct violates a statutory proh ...
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Oath
Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths is to give an Affirmation (law), affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To :wikt:swear, swear" is a verb used to describe the taking of an oath; to make a solemn vow. Etymology The word comes from Old English, Anglo-Saxon ': "judicial swearing, solemn appeal to deity in witness of truth or a promise"; from Proto-Germanic language, Proto-Germanic '':wikt:Reconstruction:Proto-Germanic/aiþaz, *aiþaz''; from Proto-Indo-European ''*oi-to-'': "an oath". Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may be non-Indo-European, in reference to careles ...
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Officers Of The Court
In common law jurisdictions, the generic term officer of the court is applied to all those who, in some degree in the function of their professional or similar qualifications, have a part in the legal system. Officers of the court may include entities such as judges, lawyers, and paralegals, and should not be confused with court officers, the law enforcement personnel who work in courts. In French-speaking jurisdictions, officers of the court, excluding judges, are known as ''auxiliaires de justice'' (literally, auxiliaries of justice), not to be confused with Judicial assistant, judicial assistants. Officers of the court have legal and Deontological ethics, ethical obligations. They are tasked to participate to the best of their ability in the functioning of the judicial system to forge justice out of the application of the law and the simultaneous pursuit of the legitimate interests of all parties and the general good of society. Court proper Foremost those who make the deci ...
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Official
An official is someone who holds an office (function or Mandate (politics), mandate, regardless of whether it carries an actual Office, working space with it) in an organization or government and participates in the exercise of authority (either their own or that of their superior or employer, public or legally private). An elected official is a person who is an official by virtue of an election. Officials may also be appointed ''ex officio'' (by virtue of another office, often in a specified capacity, such as presiding, advisory, secretary). Some official positions may be Inheritance, inherited. A person who currently holds an office is referred to as an incumbent. Something "official" refers to something endowed with governmental or other authoritative recognition or mandate, as in official language, official gazette, or official scorer. Etymology The word ''official'' as a noun has been recorded since the Middle English period, first seen in 1314. It comes from the Old French ...
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Qui Tam
In common law, a writ of ''qui tam'' is a writ through which private citizen, private individuals who assist a prosecution can receive for themselves all or part of the damages or financial penalties recovered by the government as a result of the prosecution. Its name is an abbreviation of the Latin language, Latin phrase ''qui tam pro domino rege quam pro se ipso in hac parte sequitur'', meaning "[he] who sues in this matter for the lord king as well as for himself." The writ fell into disuse in England and Wales following the Common Informers Act 1951 but remains current in the United States under the False Claims Act, ''et seq.'', which allows a private individual, or "whistleblower" (or Relator (law), relator), with knowledge of past or present fraud committed against the Federal government of the United States, federal government to bring suit on its behalf. There are also ''qui tam'' provisions in regarding arming vessels against friendly nations; regarding violating Indian ...
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Political Power
In political science, power is the ability to influence or direct the actions, beliefs, or conduct of actors. Power does not exclusively refer to the threat or use of force (coercion) by one actor against another, but may also be exerted through diffuse means (such as institutions). Power may also take structural forms, as it orders actors in relation to one another (such as distinguishing between a Master–slave dialectic, master and an enslaved person, a householder and their relatives, an employer and their employees, a parent and a child, a political representative and their voters, etc.), and discursive forms, as categories and language may lend legitimacy to some behaviors and groups over others. The term ''authority'' is often used for power that is perceived as Legitimacy (political), legitimate or socially approved by the social structure. Scholars have distinguished between soft power and hard power. Types One can classify such power types along three differen ...
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