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Shield Law - Law Dictionary Search Results

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shield law

shield law : a law that prevents or protects against disclosure or revelation of information: as a : rape shield law b : a law that protects journalists from disclosure of confidential news sources ...


rape shield law

rape shield law : a law that prohibits or limits use of evidence (as testimony) regarding prior sexual conduct of an alleged rape victim ...


Notice

Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...


esquire

esquire [Middle French escuier squire, from Late Latin scutarius shield bearer, from Latin scutum shield] used as a title of courtesy for lawyers usually placed in its abbreviated form after the name and capitalized [John R. Smith Esq.] [Jane L. Smith Esq.] ...


Lex est tutissima cassis, sub clypeo legis nemo decipitur

Lex est tutissima cassis, sub clypeo legis nemo decipitur [Lat.], Law is the safest helmet; under the shield of the law none are deceived....


Esquire

Esquire [fr. escuyer, Fr.; scutum, Lat.; Gk., hide of which shields were made and afterwards covered], he who attended a knight in time of war, and carried his shield; whence he was called escuyer, in French, and scutifer or armiger, i.e., armour-bearer, in Latin. No estate, however large, conferred this rank upon its owner.Esquires may be divided into five classes:(I) The younger sons of peers and their eldest sons in perpetual succession.(II) The eldest sons of knights and their eldest sons in like successiorr.(III) The chiefs of ancient families are esquires by prescription.(IV) Esquires by creation or office. Such are the heralds and serjeants-at-arms, and some others, who are constituted esquires by receiving a collar of S.S. Judges and other offices of state, justices of the peace, and the higher naval and military officers are designated esquires in their patents and commissions. Doctors in the several faculties, and barristers-at-law, are also esquires. None of these offices co...


Building

Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...


trust

trust 1 a : a fiduciary relationship in which one party holds legal title to another's property for the benefit of a party who holds equitable title to the property b : an entity resulting from the establishment of such a relationship see also beneficiary, cestui que trust, corpus declaration of trust at declaration, principal, settlor NOTE: Trusts developed out of the old English use. The traditional requirements of a trust are a named beneficiary and trustee (who may be the settlor), an identified res, or property, to be transferred to the trustee and constitute the principal of the trust, and delivery of the res to the trustee with the intent to create a trust. Not all relationships labeled as trusts have all of these characteristics, however. Trusts are often created for their advantageous tax treatment. accumulation trust : a trust in which principal and income are allowed to accumulate rather than being paid out NOTE: Accumulation trusts are disfavored and often restricted...


Armour and arms

Armour and arms are understood in Law to mean things (see preceding title) which a person wears for defence, or takes in hand, or uses in anger, to strike or cast at another. Arms are also insignia, i.e., ensigns of honour, originally badges assumed by commanders in war and painted on their shields to distinguish them, since they could not be distinguished by the ancient coat of mail which covered the whole body. King Richard I., during his crusade, first made arms hereditary. Every subject in this realm has a right to carry arms for defence suitable to his condition and degree, and allowed by law, and this right is embodied in the Bill of Rights, 1 W. & M. c. 2, s. 2. The Statute of Northampton, 2 Edw. 3, c. 3, prohibits persons going armed under circumstances which may tend to terrify the people or indicate any intention of disturbing the public peace, see R. v. Meade, (1903) 19 TLR 540. The (English) Unlawful Drilling Act, 1819 (60 Geo. 3, c. 1), prohibits the training of persons wi...


Sanction

Sanction, 1. official approval or authorisation 2. A penalty or coercive measure that results from failure to comply with law, rule or order, Black's Law Dictionary, 7th Edn., p. 1341.Sanction, for prosecution is a weapon to ensure dis-couragement of frivolous and vexatious prosecu-tion and is a safeguard for the innocent but not a shield for the guilty. The order of sanction ex facie discloses that the sanctioning authority had considered the evidence and other material placed before it, Mansuklal v. State of Gujarat, (1997) 7 SCC 622: (1977) SCC (Cri) 1120.Sanction, is purely an executive function and not judicial function of the government and as sanction need not be based on legal evidence, State of Assam v. Niranjan Ghosh, (1995) 1 Gau LR 427.Sanction, not only means prior approval, generally it also means ratification, Senior Food Inspector, Ananthapur v. Ravuru Subbiah, (1992) Cr LJ 2289.Sanction, or prior approval of an authority, is made a condition precedent to prosecute in r...


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