|
Color (law)
In the United States Code, the term color of law describes and defines an action that has either a "mere semblance of legal right", or the "pretense of right", or the "appearance of right", which adjusts and ''colors'' the law to the circumstance, while the apparently legal action is itself illegal. In U.S. and U.K. jurisprudence, an action realized under color of law is an act realized by an official as if he or she were authorized to take the apparently legal action not authorized by statute or common law. The term ''color of law'' first was used in English statutory law in the 13th century, originating from the fact that the soldiers and officials of the Crown carried the flag and coat of arms of the sovereign to indicate that they were acting under the legitimate authority of the sovereign. As a descriptor of official malfeasance, in the article "The Meaning of ''Under Color of Law''" (1992), Steven L. Winter said that “through the first half of the nineteenth century, '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Code
The United States Code (formally The Code of Laws of the United States of America) is the official Codification (law), codification of the general and permanent Law of the United States#Federal law, federal statutes of the United States. It contains 53 titles, which are organized into numbered sections. The U.S. Code is published by the United States House of Representatives, U.S. House of Representatives' Office of the Law Revision Counsel. New editions are published every six years, with cumulative supplements issued each year.About United States Code . Gpo.gov. Retrieved on 2013-07-19. The official version of these laws appears in the ''United States Statutes at Large'', a chronological, uncodified compilation. Codification Process The official text of an Act of Cong ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adverse Possession
Adverse possession in common law, and the related civil law (legal system), civil law concept of usucaption (also ''acquisitive prescription'' or ''prescriptive acquisition''), are legal mechanisms under which a person who does not have title (property), legal title to a piece of property, usually real property, may acquire legal ownership based on continuous Possession (law), possession or occupation without the permission (licence) of its legal owner. It is sometimes colloquially described as ''squatter's rights'', a term associated with occupation without legal title during the westward expansion in North America, as occupying real property without permission is central to adverse possession. Some jurisdictions regulate squatting separately from adverse possession. Description In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, many legal systems courts recognize that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qualified Immunity
In the United States, qualified immunity is a legal principle of federal law that grants government officials performing discretionary (optional) functions immunity from lawsuits for damages unless the plaintiff shows that the official violated "clearly established statutory statutory or constitutional rights of which a reasonable person would have known". It is comparable to sovereign immunity, though it protects government employees rather than the government itself. It is less strict than absolute immunity, by protecting officials who "make reasonable but mistaken judgments about open legal questions", extending to "all [officials] but the plainly incompetent or those who knowingly violate the law". Qualified immunity applies only to government officials in civil litigation, and does not protect the government itself from suits arising from officials' actions. The Supreme Court of the United States, U.S. Supreme Court first introduced the qualified immunity doctrine in Pierson v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement Of The Law
In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923. Connection with the rule of precedent Individual Restatement volumes are essentially compilations of case law, which are common law judge-made doctrines that develop gradually over time because of the principle of ''stare decisis'' (precedent). Although Restatements of the Law are not binding authority in and of themselves, they are potentially persuasive when they are formulated over several years with extensive input from law professors, practicing attorneys, and judges. They are meant to reflect the consensus of the American legal community as to what the law is, and, in some cases, what it should become. As Harvard Law School descri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malice (legal Term)
Malice is a legal term which refers to a party's intention to do injury to another party. Malice is either ''expressed'' or ''implied''. For example, malice is expressed when there is manifested a deliberate intention to unlawfully take away the life of a human being. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case. In many kinds of cases, malice must be found to exist in order to convict. (For example, malice is an element of the crime of arson in many jurisdictions.) In civil law cases, a finding of malice allows for the award of greater damages, or for punitive damages. The legal concept of malice is most common in Anglo-American law, and in legal systems derived from the English common law system. In English civil law (being the law of England and Wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estates Of The Realm
The estates of the realm, or three estates, were the broad orders of social hierarchy used in Christendom (Christian Europe) from the Middle Ages to early modern Europe. Different systems for dividing society members into estates developed and evolved over time. *The best known system is the French '' Ancien Régime'' (Old Regime), a three-estate system which was made up of a First Estate of clergy, a Second Estate of titled nobles, and a Third Estate of all other subjects (both peasants and bourgeoisie). * In some regions, notably Sweden and Russia, burghers (the urban merchant class) and rural commoners were split into separate estates, creating a four-estate system with rural commoners ranking the lowest as the Fourth Estate. * In Norway, the taxpaying classes were considered as one, and with a very small aristocracy; this class/estate was as powerful as the monarchy itself. In Denmark, however, only owners of large tracts of land had any influence. Furthermore, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
False Light
In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impression about them. That right is balanced against the First Amendment right of free speech. False light differs from defamation primarily in being intended "to protect the plaintiff's mental or emotional well-being", rather than to protect a plaintiff's reputation as is the case with the tort of defamationFALSE LIGHT by Professor Edward C. Martin – Cumberland School of Law, |
Stony Brook University
Stony Brook University (SBU), officially the State University of New York at Stony Brook, is a public university, public research university in Stony Brook, New York, United States, on Long Island. Along with the University at Buffalo, it is one of the State University of New York system's two Flagship#University, flagship institutions. Its campus consists of 213 buildings on over of land in Suffolk County, New York, Suffolk County and it is the largest public university (by area) in the state of New York. Opened in 1957 in Oyster Bay (hamlet), New York, Oyster Bay as the State University College on Long Island, the institution moved to Stony Brook, New York, Stony Brook in 1962. Stony Brook is part of the Association of American Universities and the Universities Research Association. It is Carnegie Classification of Institutions of Higher Education, classified among "R1: Doctoral Universities – Very high research activity". Stony Brook University, in partnership with Batt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark
A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colours used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Registration
Land registration is any of various systems by which matters concerning ownership, Possession (law), possession, or other rights in Real estate, land are formally recorded (usually with a government agency or department) to provide evidence of title (property), title, facilitate transactions, and prevent unlawful disposal. The information recorded and the protection provided by land registration varies widely by jurisdiction. In common law countries, particularly in jurisdictions in the Commonwealth of Nations, when replacing the deeds registration system, title registrations are broadly classified into two basic types: the Torrens title system and the English system, a modified version of the Torrens system.Lyall, Andrew. ''Land Law in Ireland''. ; Ch. 24 Cadastre, Cadastral systems and land registration are both types of land recording and complement each other.Jo Henssen, BASIC PRINCIPLES OF THE MAIN CADASTRAL SYSTEMS IN THE WORLD, Implementations Americas Canada Falk ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torrens Title
Torrens title is a land registration and land transfer system in which a state creates and maintains a register of land holdings, which serves as the Incontrovertible evidence, conclusive evidence (termed "Defeasible reasoning#Political and judicial use, indefeasibility") of Title (property), title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register. Ownership of land is transferred by registration of a transfer of title, instead of by the use of deeds. The Registrar provides a Certificate of Title to the new proprietor, which is merely a copy of the related folio of the register. The main benefit of the system is to enhance certainty of title to land and to simplify dealings involving land. Its name derives from Robert Richard Torrens, Sir Robert Richard Torrens (1812–1884), who designed, lobbied for and introduced the private member's bill which was enacted as the ''Real Property Act 1858'' in the History of So ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
