Military Law - Law Dictionary Search Results
Home Dictionary Name: military lawMilitary Law
Military Law, as distinguished from civil law, is the law relating to and administered by military courts, and is concerned with the trial and punishment of offences committed by officers, soldiers and other persons (e.g., sutlers and camp followers) who are from circumstances subjected for the time being to the same law as soldiers. But the term 'military law' is frequently used in a wider sense and as including not only the disciplinary but also the administrative law of the Army, as, for instance, the law of enlistment and billeting, Manual of Military Law, p. 6. Consult Clode's Military Forces of the Crown....
military law
military law : law enforced by military rather than civil authority ;specif : law prescribed by statute for the government of the armed forces and accompanying civilian employees compare martial law ...
Martial law
Martial law, in India, Parliament by law can impose law in any part of the country in case of grave insurrection and provide for indemnity of acts of persons in the maintenance or restoration of order in any area where martial law was in force, validate any sentence passed, punishment inflicted, forfeiture ordered or any other act done under martial law, Commentary on the Constitution of India, Durga Das Basu, Vol. 2, 4th Edn., p. 297, Constitution of India, Art. 34.Martial Law, in the proper sense of the term, means the suspension of ordinary law and the government of a country or parts of it by military tribunals. It must be clearly distinguished (1) from 'military law' (see that title), and (2) from that 'martial law' which forms part of the laws and usages of war. The term 'martial law' is also sometimes used as meaning the common law right of the Crown to repel force by force in the case of insurrection, invasion or riot, and to take such exceptional measures as may be necessary f...
martial law
martial law 1 : the law applied in occupied territory by the military authority of the occupying power 2 : the law administered by military forces that is invoked by a government in an emergency when civilian law enforcement agencies are unable to maintain public order and safety compare military law ...
military government
military government : the government established by a military commander in conquered territory to administer the military law declared under military authority applicable to all persons in the conquered territory and superseding any incompatible local law ...
Desertion
Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13.Also (2) an abandonment of a wife, a matrimonial offence, for which the remedy is under (English) Judicature Act, 1925, s. 185, by which a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without cause, for two years and upwards; and see (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 21, as to orders for the protection of the property of wives deserted by their husbands; and the (English) Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace that the husband pay her such weekly sum, n...
Army (UK)
Army (UK) [fr. armee, Fr.], the military force of a country. From1689 to 1879, the army was regulated by Annual Mutiny Acts usually expiring in April, and by the 'Articles of War' which those Acts empowered the sovereign to make. In 1879 the Army Discipline Act (42 & 43 Vict. c. 33) consolidated the provisions of the Mutiny Act with the Articles of War. This Act having been amended by the Army Discipline and Regulation Annual Act, 1881, which substituted 'summary' for corporal punishment, and also by the Regulation of the Forces Act, 1881, a fairly complete military code is now contained in the 'Army Act, 1881' (44 & 45 Vict. c. 58), now styled the 'Army Act' simply, by virtue of s. 4 of the Army (Annual) Act, 1890.The Army Act requires to be annually renewed by an Act passed for that purpose called the 'Army (Annual) Act.' Such annual Act follows the precedent of the Mutiny Acts is reciting the illegality of a standing army in time of peace without consent of Parliament (as declared b...
Court-martial
Court-martial, a court for the trial of military offences, under the authority of the (English) Crown and the Army Act, 1881; the ordinary law of evidence must be applied in its proceedings (ibid. s. 128, and Rules of Procedure, r. 73). There are general, district, and regimental courts-martial. See JUDGE ADVOCATE. Their jurisdiction does not, however, exempt any officer or soldier from being proceeded against by the ordinary course of law, Consult Manual of Military Law and the King's Regulations; Clode's Military Forces of the Crown.As to Naval Courts-martial, see (English) Navy Discipline Act, 1866 (29 & 30 Vict. c. 109), ss. 58-69; JUDGE ADVOCATE.It means a court-martial held under this Act. [Army Act, 1950, s. 3 (vii); also see Air Force Act, 1950, s. 4 (xvi)]...
Judge Advocate, Judge Advocate-General
Judge Advocate, Judge Advocate-General. The Judge Advocate-General is an officer appointed by letters-patent under the Great Seal. He is under the orders of the Secretary of State for War to whom he acts as legal adviser. One of his functions is to review Court-martial proceedings. All general military courts-martial are attended by a judge advocate acting by deputation, either special or general, under the hand and seal of the judge advocate-general; or by a person appointed by general officers commanding the forces abroad, to execute the office of judge advocate. The duties of an officiating judge advocate at a Court-martial are to superintend the proceedings, to make a minute of the proceedings, and to advise the Court on points of law, of custom, and of form, and so far to assist the prisoner as to elicit a full statement of the facts material to the defence. The proceedings of general courts-martial held at home are trans-mitted by the officiating judge advocate to the judge advoc...
uniform code of military justice
uniform code of military justice The body of law that governs military persons in their conduct as military personnel. Source: FindLaw ...
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