Legitimate - Law Dictionary Search Results
Home Dictionary Name: legitimate Page: 3due process
due process 1 : a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles called also procedural due process 2 : a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual called also substantive due process NOTE: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states “no person shall…be deprived of life, liberty, or property, without due process of law,” and in the Fourteenth Amendment, which states “nor shall any state deprive any person of life, liberty, or property without due process of law.” The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior t...
Derivative settlement
Derivative settlement, in Poor Law that settlement (see SETTLEMENT) which a poor person may acquire from his parent's settlement. The (English) Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 85, enacts:-(1) Until a person acquires a settlement of his own or derives a settlement from a husband, that person-(a) if a legitimate child, shall take and follow, up to the age of sixteen, the settlement of his father, or if and so long as his father has no settlement, the settlement which his mother had immediately before her marriage to his father, but if after the death of the father the mother acquires a settlement (not being a derivative settlement) shall take and follow, up to the age of sixteen, that settlement;(b) if an illegitimate child, shall take and follow, up to the age of sixteen, the settlement of his mother;and shall in either case retain that settlement which under the forgoing provisions of the section he had at the age of sixteen.(2) Deals with the settlement of a married woman.(3...
rational
rational 1 : having reason or understanding 2 : relating to, based on, or guided by reason, principle, fairness, logic, a legitimate state interest, or a consideration of fact [age distinctions are not subject to strict scrutiny, but they must have a relationship to a legitimate state interest "In re J. M., 642 A.2d 1062 (1994)"] ra·tio·nal·i·ty [ra-shə-na-lə-tē] n ra·tio·nal·ly adv ...
Not proceeding from true source
Not proceeding from true source, 'not proceeding from true source' only mean that the thing is not what it pretends to be, which only means that it is not genuine or legitimate, Chaitanya Kumar Adatiya v. Sushila Dixit, AIR 1975 SC 1718 (1721): (1976) 3 SCC 97.--only means that the thing is not what it pretends to be, which only means that it is not genuine or legitimate, Chaitanya Kumar v. Sushila, AIR 1975 SC 1718 (1721)....
Antenati
Antenati, those born before a certain period, e.g., before marriage. In Scotland marriage removes the illegitimacy of antenati who inherit as heirs; but in England a child legitimated per subsequens matrimonium could not, before 1926, inherit real estate, Doe v. Vardill, (1835) 2 Cl & F 571; 7 ib. 895; but he could take as devisee under a devise to children [Re Grey's Trusts, (1892) 3 Ch 88]. See Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), and LEGITIMATION....
Prolem ante matrimonium natam, ut post legitimam, lex civilis succedere facit in h'reditate parentum; sed prolem, quam matrimonium non parit, succedere non sinit lex Anglorum
Prolem ante matrimonium natam, ut post legitimam, lex civilis succedere facit in h'reditate parentum; sed prolem, quam matrimonium non parit, succedere non sinit lex Anglorum. Fort. C. 39, (The Civil Law permits the offspring born before marriage, provided such offspring be afterwards legitimized, to be the heirs of their parents; but the law of the English does not suffer the offspring not produced by the marriage to succeed.) See LEGITIMATION; MERTON....
Lawful guardian
Lawful guardian, the words 'lawful guardian' in section 361 of the Penal Code are wider than the expression 'legal guardian'. That word would mean that wherever the relationship of a guardian and a ward is established by means which are lawful and legitimate that relationship is intended to be included, State v. Ramji Vithal Chaudhari, AIR 1958 Bom 381 (384).The words 'lawful guardian' in this section include any person lawfully entrusted with the care or custody of such minor or other person, Indian Penal Code, 1860, s. 361 Expl.Lawful increase means an increase in rent permitted under the provisions of this Act. [Delhi Rent Act, 1995 (33 of 1995), s. 2(f)]...
McDonnell Douglas test
McDonnell Douglas test, employment law. The principal for applying a shifting burden of proof in employment-discrimination cases, essentially requiring the plaintiff to come forward with evidence of discrimination and the defendant to come forward with evidence showing that the employment action complained of was taken for non-discriminatory reasons. Under this test, the plaintiff is first required to establish a prima facie case of discrimination, as by showing that the plaintiff is a member of a protected group and suffered an averse employment action. If the plaintiff satisfies that burden, then the defendant must articulate a legitimate, non-discriminatory reason for the employment action complained of. If the defendant satisfies that burden, then the plaintiff must prove that the defendant's stated reason is just a pretext for discrimination and that discrimination was the real reason for the employment action, Mc Donnell Douglas Corp v. Green, 411 US 792, 93 S.Ct. 1817 (1973); Bl...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Lying-in hospitals
Lying-in hospitals, charities which could not be established without a previous licence from the quarter sessions; legitimate children born in them are not to be chargeable to the parish of their births, 13 Geo. 3, c. 82. See 24 & 26 Vict. c.101, and (English) Midwives Act, 1927 (16 & 17 Geo. 5, c. 32), s. 13, abolishing the necessity for a licence; also Public Health Act, 1936, Part VI., s. 181 et seq...
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