Declaration Of War - Law Dictionary Search Results
Home Dictionary Name: declaration of warDeclaration of war
Declaration of war. The formal announcement by one nation of an intention to treat another nation as an enemy and to commence hostilities, agreed to be necessary by the Hague Convention, 1907. In modern times the future belligerents, generally, are in a state of war before any declaration of war is made. Before this Convention was signed, in the war between Russia and Japan, the Japanese ambassador, on the 6th February, 1904, notified to Russia the rupture of negotiations and the cessation of diplomatic relations, hostile operations were commenced by Japan on the 8th February, and formal declarations of war were not made until the 10th of February by Japan, and 11th February by Russia. The British Declaration of War on Germany was made on the 4th August, 1914, after an ultimatum.The force of a declaration of war is equal to that of an Act of Parliament prohibiting intercourse with the enemy except by the king's license. As an act of State done by virtue of the prerogative it carries wi...
War
War. The sovereign has the sole prerogative of making war or peace.Where war actually prevails, the ordinary courts have no jurisdiction over the action of the military authorities (Ex parte D.F. Marais 1902 AC 115). See ARMY; DECLARATION OF WAR; and consult Owen's Declaration of War; Holland's Law of War on Land; Hall's International Law; Grot. De Jure Pac. et Bel.1. Hostile conflict by means of armed forces, carried on between nations, status or rulers, or sometime between parties, within the same nation or state, a period of such conflict 2. A dispute or competition between adversaries; 3. A straggle to scire a pervasive problem, Black's Law Dictionary, 7th Edn., p. 1576...
hostilities
a legal state created by a declaration of war and ended by official declaration during which the international rules of war apply...
Declaration
The act of declaring or publicly announcing explicit asserting undisguised token of a ground or side taken on any subject proclamation exposition as the declaration of an opinion a declaration of war etc...
Laws of war
Laws of war, means the body of rules and principles observed by civilized nations for the regulation of matters inherent or incidental to the conduct of a public war, such as the relations of neutrals and belligerents, blockades, captures, prizes, truces and armistices, capitulations, prisoners, and declarations of war and peace, Black's Law Dictionary, 7th Edn., p. 895....
Impossibility
Impossibility. If a man contract to do a thing which is absolutely impossible by its nature, such contract will not bind him--lex non cogit ad impossibilia, e.g., where the subject-matter has perished before date of contract, or never existed [see (English) Sale of Goods Act, 1893, s. 6; and Conturier v. Hastie, (1852) 8 Ex 43 & HLC 673]; but where the contract operating as a transfer of real property, e.g., as a demise, is to do a thing which is possible in itself, but which becomes impossible, he will be liable for the breach; thus, where a lessee covenants to repair and to leave in repair the demised premises he is not discharged from his liability because they happen to be destroyed [see Bullock v. Dommitt, (1796) 6 TR 650]; or requisitioned by the military, Whitehall Court Ltd. v. Etlinger, (1920) 1 KB 680.The non-performance of a contract which arises from an act of the law having rendered performance impossible is excused, see Baily v. De Crespigny, (1869) LR 4 QB 180; Re Shipto...
Indicto
Indicto, means (1) An imperial proclamation establishing a 15-year period for the reassessment of property values for tax purposes. Indictio also referred to the 15-year cycle itself. (2) A declaration or proclamation, such as a declaration of war. (3) An indictment, Black's Law Dictionary, 7th Edn., p. 776....
Piracy
Piracy [fr. pirata, Lat.], the commission of those acts of robbery and violence upon the sea, which if committed upon land wold amount to felony. Pirates hold no commission or delegated authority from any sovereign or State, empowering them to attack others. They can, therefore, be only regarded in the light of robbers. They are, as Cicero has truly stated, the common enemies of all (communes hostes omnium); and the law of nations gives to every one the right to pursue and exterminate them without any previous declaration of war (see Piracy Jure Gentium, 1934, AC 586, where a frustrated attempt was held to be piracy by that law); but it is not allowed to kill them without trial, except in battle. Those who surrender or are taken prisoners must be brought before the proper magistrates, and dealt with according to law. By the ancient Common Law of England, piracy, if committed by a subject, was held to be a species of treason, being contrary to his natural allegiance; if by an alien, to ...
Fecial
Pertaining to heralds declarations of war and treaties of peace as fecial law...
declaration
declaration 1 : the act of declaring [ of dividends] [ of war] 2 a : the first pleading in a common-law action compare complaint, indictment b : a statement usually not under oath made by a party to a legal transaction [the attorney must later sign an affidavit or stating that he has informed the debtor "J. H. Williamson"] c : a statement not under oath being offered as evidence declaration against interest : a statement made by someone unavailable as a witness that is against that person's own interests (as pecuniary or property interests) or may subject that person to liability compare admission, confession, self-incrimination NOTE: A declaration against interest is an exception to the hearsay rule. A statement that is offered to clear the accused is not admissible without corroborating circumstances under the Federal Rules of Evidence. dy·ing declaration : a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recove...
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