Liberty Clause - Law Dictionary Search Results
Home Dictionary Name: liberty clauseliberty clause
liberty clause often cap L&C : the due process clause found in the Fourteenth Amendment to the U.S. Constitution ...
Non omittas
Non omittas, the clause 'that you omit not by reason of any liberty in your bailiwick,' which is usually inserted in all processes addressed to sheriffs, which makes the liberty pro hac vice parcel of the sheriff's bailiwick, and the sheriff must enter and execute the writ within the liberty.If a writ do not contain a non omittas clause, the sheriff directs his mandate either to the lord or the bailiff of the liberty, by whom the writ is executed and returned....
due process clause
due process clause : a clause in a constitution prohibiting the government from depriving a person of life, liberty, or property without due process of law ;specif often cap D&P&C : such a clause found in the Fifth and Fourteenth Amendments to the U.S. Constitution ...
Personal liberty
Personal liberty, in Art. 21 of the Constitution of India takes in the right of locomotion and to travel abroad and no person can be deprived of his right to travel except according to procedure established by law, Satwant Singh v. A.P.O., New Delhi, AIR 1967 SC 1836.In England right to personal liberty means in substance a person's right not to be subjected to imprisonment, arrest or physical coercion in any manner that does not admit of legal justification; secured by the strict maintenance of the principle that no man can be arrested or imprisoned except in due course of law, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, pp. 207, 208.Means in ordinary language liberty relating to or concerning the person or body of the individual and personal liberty in this sense is the antitheses of physical restraint or coercion. 'Personal liberty means right not be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of lega...
Entrenched clause
Entrenched clause, is a section in the Constitution of some of the Commonwealth countries which can only be repealed or altered by special process and which deals with matters like the liberties of the subject, fundamental institutions of government etc., a number of the newer Commonwealth countries have included entrenched clauses in their Constitutions. The process of amending entrenched clauses varies with each Constitution and may involve a popular referendum, a fixed Parliamentary majority of two-thirds or more a system of delayed legislation or a combination of two or more such factors, Office of Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundry, p. 250.Any amendment of the Constitution necessitated by a legislation by Parliament to: (a) admit or establish a new State; (b) form a new State by separation of territories from any State or by uniting two or more States etc., and (c) abolish or create the legislative Council of State, is not deemed to be an amendm...
Imprisonment
Imprisonment, 'imprisonment' shall mean imprisonment of either description as defined in theIndian Penal Code. [General Clauses Act, 1897 (10 of 1897), s. 3(27)]The restraint of a person's liberty under the custody of another. It extends in law to confinement not only in a gaol, but in a house, or stocks, or to hold-ing a man in the street, etc.; for in all these cases the person so restrained is said to be a prisoner, so long as he has not his liberty freely to go about his business as at other times, Co. Litt. 253. See FALSE IMPRISONMENT.Imprisonment for Crime.--Any common law mis-demeanour is punishable after conviction on indictment by fine or imprisonment or both, at the discretion of the court. Imprisonment for not more than two years is very frequently authorised, as an alternative to penal servitude, by the (English) Offences against the Person Act, 1861, and other Acts set out in Chitty's Statutes, tit. 'Criminal Law.' As to the right of any person convicted by a Court of Summ...
Abet
Abet [from a (ad vel usque), and bedan, or beteren, to stir up or excite, Sax.], to maintain or patronise: to encourage or set on. The act is called abetment. An abettor or abettator is an instigator or setter on, one who promotes or procures a crime to be committed, Old Nat. Br. 21. See ACCESSARY.With its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860). With its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860). [General Clauses Act, 1897 (10 of 1897), s. 3 (1)]Defined. (Abetment of a thing.-A person abets the doing of a thing, who-First.-Instigates any person to do that thing; orSecondly.-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; orThirdly.-Intentionally aids, by any act or illegal o...
Justices
Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...
selective incorporation
selective incorporation : a theory or doctrine of constitutional law that those rights guaranteed by the first eight amendments to the U.S. Constitution that are fundamental to and implicit in the concept of ordered liberty are incorporated into the Fourteenth Amendment's due process clause compare total incorporation ...
freedom of contract
freedom of contract :a power or right to contract and freely determine the provisions of contracts without arbitrary or unreasonable legal restrictions esp. as guaranteed under the contract clause of Article I, Section 10 of the U.S. Constitution called also freedom to contract liberty of contract ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial