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Home Rule - Law Dictionary Search Results

Home Dictionary Name: home rule

home rule

home rule : self-government or limited autonomy in internal affairs by a dependent political unit (as a territory or municipality) ;also : the political theory or principle of self-government ...


rule

rule 1 a : a prescribed guide for conduct or action b : a regulating principle or precept 2 a : an order or directive issued by a court in a particular proceeding esp. upon petition of a party to the proceeding that commands an officer or party to perform an act or show cause why an act should not be performed [a directing the district court to show cause why its ruling should not be vacated "People v. District Court, 797 P.2d 1259 (1990)"] b : a usually judicially promulgated regulation having the force of law that governs judicial practice or procedure [s of evidence] [s of appellate procedure] see also rule of court c : rule of law 3 : all or part of a statement (as a regulation) by an administrative agency that has general or particular applicability and future effect and that is designed to implement, interpret, or prescribe law or policy or that describes the organization, procedure, or practice of the agency itself [a subject to statutory notice and comment requirement...


Parnellite

One of the adherents of Charles Stewart Parnell 1846 91 in his advocacy of home rule for Ireland...


Domicile

Domicile, the place where a person has his home.By the term 'domicile,' in its ordinary acceptation, is meant the place where a person lives or has his home. In this sense the place where a person has his actual residence, inhabitancy, or commorancy, is sometimes called his domicile. In a strict and legal sense, that is properly the domicile of a person where he has his true fixed permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus revertendi).Two things, then, must concur to constitute domicile: first, residence; and secondly, the intention of making it the home of the party. There must be the fact and intent; for, as Pothier has truly observed, a person cannot establish a domicile in a place except it be animo et facto.From these considerations and rules the general conclusion may be deduced, that domicile is of three sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the ...


Intoxicating liquor

Intoxicating liquor, the word 'intoxicating liquor' is not confined to potable liquor alone but would include all liquor which contain alcohol. Liquor should not only cover alcoholic liquor which is generally used for beverage purposes wand produce intoxication but would also include liquids containing alcohol, State of U.P. v. Synthetics and Chemicals Ltd., AIR 1980 SC 614: (1980) 2 SCR 531: (1980) 2 SCC 441. [Constitution of India, List II, 7th Sch., Entry 8]See also Synthetics and Chemicals Ltd. v. State of Uttar Pradesh, (1990) 1 SCC 109.Intoxicating liquors. The sale of intoxicating liquors by retail in England and Wales is now mainly regulated by the Licensing (Consolidation) Act, 1910 (10 Edw. 7 & 1 Geo. 5, c. 24), which repealed (see Sched. VII.) the whole or part of thirteen earlier Acts. The effect of this statute is shortly as follows:-1. Grant of Licence.--Defining 'intoxicating liquor' as meaning 'spirits, wine, beer, porter, cider, perry, and sweets, and any fermented, di...


Right

Right [fr. recht, Teut.; rectus, Lat. The application of the same word to denote a staight line and moral rectitude of conduct, has obtained in every language I know, Dugald teward], in its primitive sense, that which the law directs; in popular acceptation, that which is so directed for the protection and advantage of an individual is said to be his right, 1 Stark. Evid. 1, n. (b). It has been described as a liberty of doing or possessing something consistently with law, or more strictly, the liberty of the doing or possessing something for the infringement of which there is a legal sanction. It is often confused in the popular mind with licence of the doing of something which his not prohibited by law, however damaging the act may be to individuals or the community. See MALUM IN SE.A 'right' is a legally protected interest, Mithilesh Kumari v. Prem Behari Khare, AIR 1989 SC 1247 (1255): (1989) 2 SCC 95: (1989) 1 SCR 621.A 'right' is an averment of entitlement arising out of legal rul...


open fields doctrine

open fields doctrine : a doctrine in criminal procedure: law enforcement officers may make a warrantless search of the area outside of the curtilage of a person's home without violating the Fourth Amendment to the U.S. Constitution called also open fields rule ...


Open field doctrine

Open field doctrine, means the rule permitting a warrantless speech of the area outside a property owner's cartilage, which includes the home and any adjoining land (such as a yard) that is within an enclosure or otherwise protected from public scrutiny, Black's Law Dictionary, 7th Edn., p. 1118....


Judgment

Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...


Residence

Residence, is a concept that may also be transitory. Even when qualified by the word 'ordinarily' the word 'resident' would not result in construction having the effect of a particular place for dwelling always or on permanent uninterrupted basis. Thus understood, even the requirement of a person being 'ordinarily resident' at a particular place is incapable of ensuring nexus between him and the place in question, Kuldip Nayar v. Union of India, AIR 2006 SC 3127.Residence, is flexible and must be construed accord-ing to the object and intent of the particular legislation where it may be found. It must be something more than occupation during occasional usual visits within the local limits of the court, more specially where there is residence outside those limits marked with a considerable measure of continuance, Paster J.S. Singh v. Jyotsana Singh, AIR 1982 MP 122 [See Divorce Act, 1869, s. 3(3)]Residence, is generally understood as referring to a person in connection with the place wh...


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