Privilege In Law - Law Dictionary Search Results
Pourpresture or purpresture
Pourpresture or purpresture [fr. pourpris, Fr., an inclosure], anything done to the nuisance or hurt of the King's demesnes, or the highways, etc., by enclosure or building, endeavouring to make that private which ought to be public; see Co. Litt. 277 b.The difference between a purpresture and a public nuisance is that purpresture is an invasion of the jus privatum of the Crown; but where the jus publicum is violated it is a nuisance. Skene makes three sorts of this offence: (1) against the Crown; (2) against the lord of the fee; (3) against a neighbour-2 Inst. 38. Purpresture within a forest was where any man made any manner of encroachment upon the forest either by building or inclosure or by using of any liberty or privilege without lawful warrant so to do (Williams on Rights of Common, p. 231). See also Glanv. i. 9, c. 11....
overreach
overreach : to make (someone or something) the subject of overreaching [this uncounseled defendant was…ed by the prosecution's submission of misinformation to the court "Townsend v. Burke, 334 U.S. 736 (1948)"] [must determine whether it ed privilege "National Law Journal"] ...
privilege
privilege [Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law] 1 : a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as a : an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office ;also : the affirmative defense that an action is privileged compare excuse absolute privilege : a privilege that exempts a person from liability esp. for defamation regardless of intent or motive ;specif : a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice qualified privilege : a privilege esp. in the law of defamation that may be defeated esp. by a showing of actual malice called also conditional privilege b : an exemption from a requirement to disclose information (as fo...
Privilege
Privilege, a privilege is the opposite of a duty, and the correlative of 'no-right', Isha Valimohamad v. Haji Gulam Mohamad and Haji Dada Trust, AIR 1974 SC 2061 (2065): (1974) 2 SCC 484: (1975) 1 SCR 720. [Bombay Rents Hotels and Lodging House Rates (Control) Act, 1947 s. 51(1)(ii)]An exceptional or advantage; an exemption from some duty, or attendance, to which certain persons are entitled, from a supposition of law, that the stations they fill or the offices they are engaged in, are such as require all their care; and that, therefore, without this indulgence, it would be impracticable to execute such offices so advantageously as the public good requires.The separate privileges of either House of Parlia-ment are extensive, but they are at the same time uncertain and indefinite. Amongst those privileges are, the power of committing persons to prison; the power of publishing matters which, if not issuing from such high authority, might become the subject of proceedings in a Court of la...
Tenure
Tenure, cannot be equated with 'terms and con-ditions of services' or payment of gravity or pension. Tenure when followed by words of office, means term of office, Punjab University v. Khalsa College, Amritsar, AIR 1971 P&H 479: 1971 Cur LJ 334.Means a right, term, or mode of holding lands or tenements in subordination to a superior; in fendal times, real property was held predominantly as part of a tenure system, Black's Law Dictionary, 7th Edn., p. 1481.Tenure, the mode of holding property. The only tenures in land now existing with a few unimpor-tant exceptions are (1) free and common socage in fee-simple, including enfranchised copyhold, which is subject to paramount incidents; and (2) a term of years absolute (see LAND). The idea of tenure or holding is said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits ...
Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
Attachment of privilege
Attachment of privilege, is where a man by virtue of his privilege, calls another to that Court, whereto he himself belongs, and in respect thereof is privileged, there to answer some action. It is also a power to apprehend a person in a privileged place, Jac. Law Dict.; 2 Wm. 4, c. 39 (commonly called the Uniformity of Process Act), virtually abolished this proceeding, and 1 & 2 Vict. c. 110, enacted that all personal actions in any of the Superior Courts of Common Law at Westminster should be commenced by writ of summons....
right
right [Old English riht, from riht righteous] 1 a : qualities (as adherence to duty or obedience to lawful authority) that together constitute the ideal of moral propriety or merit moral approval b : something that is morally just [able to distinguish from wrong] 2 : something to which one has a just claim: as a : a power, privilege, or condition of existence to which one has a natural claim of enjoyment or possession [the of liberty] [that all men…are endowed by their Creator with certain unalienable s "Declaration of Independence"] see also natural right b : a power, privilege, immunity, or capacity the enjoyment of which is secured to a person by law [one's constitutional s] c : a legally enforceable claim against another that the other will do or will not do a given act [the defendant may be under a legal duty…to exercise reasonable care for the plaintiff's safety, so that the plaintiff has a corresponding legal to insist on that care "W. L. Prosser and W. P. K...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
privileges and immunities clause
privileges and immunities clause often cap P&I&C 1 : a clause in Article IV of the U.S. Constitution stating that the citizens of each state of the U.S. shall be entitled to all the privileges and immunities of citizens of the other states 2 : a clause in Amendment XIV to the U.S. Constitution stating that no state shall make or enforce any law that abridges the privileges or immunities of the citizens of the U.S. called also privileges or immunities clause ...
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