Legitimateness - Law Dictionary Search Results
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 ...
Bastard Eigne
Bastard Eigne, an elder son born before marriage; thus if a man had a natural son, and afterwards married the mother and by her had a legitimate son, the latter was mulier puisne, and the elder son bastard eigne, Watk. Descent. C. v. See Legitimacy Act, 1926 (c. 60) and LEGITIMATION....
illegitimate
illegitimate 1 : not recognized by the law as offspring ;specif : born out of marriage NOTE: An illegitimate child is usually legitimated by his or her parents' later marriage. Illegitimate children generally have the same inheritance rights under intestate successions as legitimate children; statutes limiting their inheritance rights have been found to violate the equal protection clause. 2 : not valid according to law illegitimate n ...
filiate
filiate -at·ed -at·ing : to declare (a child) the descendant of a particular parent and esp. a father [has not been filiated by the initiative of the parent "Louisiana Civil Code"] compare acknowledge, legitimate NOTE: A child may be illegitimate but filiated. Both legitimation and acknowledgment filiate an illegitimate child. Adopted children are filiated by the adoption proceeding. ...
due 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...
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....
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Limited estate
Limited estate, The word 'limited owner', connote a right in the property to which the possession of the female Hindu may be legitimately traced, that which is not a full right of ownership, Gulwant Kaur (Smt) v. Mohinder Singh, AIR 1987 SC 2251 (2256): (1987) 3 SCC 674....
Legal right
Legal right, 'legal right' is a difficult concept, legal right in its strict sense is one which is an assertable claim, enforceable before Courts and administrative agencies; in its wider sense, a legal right has to be understood as any advantage or benefit conferred upon a person by a rule of law; there are legal rights which are not enforceable, though recognized by the law; there are rights recognised by the International Court, granted by international law; but not enforceable; a legal right is a capacity of asserting a secured interest rather than a claim that could be asserted in the Courts, Daniel Hailey Walcott v. State, AIR 1968 Mad 349 (355). (Penal Code, 1860, s. 30)It includes not only rights conferred by statute but also those which may be claimed independently of any statute, Anandrao Laxmanrao Mandloi v. Board of Revenue, AIR 1965 MP 237 (247) (FB).A legal right may be defined as an advantage or benefit conferred upon a person by a rule of law. Immunity in short is no li...
Legal fiction
Legal fiction, it must be confined to the limited purpose for which it is created, Commissioner of Sales Tax v. Union Medical Agency, (1981) 1 SCC 51: AIR 1981 SC 1.The Supreme Court thus while laying down the principles on the basis of which a deeming provision should be construed held 'a legal fiction must be limited to the purposes for which it is created and not to be extended beyond its legitimate field', K.S. Dharmadatan v. Central Government, AIR 1979 SC 1495: (1979) 4 SCC 204.Legal fiction pre-supposes the correctness of the state of facts on which it is based and all the consequences which flow from that state of facts have got to be worked out to their logical extent, Bengal Immunity Co. v. State of Bihar, (1955) 2 SCR 603: AIR 1955 SC 661 (709). [Constitution of India, Article 286(2)]...
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