State Law - Law Dictionary Search Results
Home Dictionary Name: state law Page: 7state court
state court : a court established in accordance with a state constitution and having jurisdiction to adjudicate matters of state law ...
rule of decision
rule of decision :something (as a law, rule of law, body of law, or prior decision) that governs a decision or adjudication [a claim or defense as to which State law supplies the rule of decision "Federal Rules of Evidence Rule 302"] ...
burglary
burglary pl: -glar·ies [Anglo-French burglarie, modification of Medieval Latin burgaria, from burgare to break into (a house)] : the act of breaking and entering an inhabited structure (as a house) esp. at night with intent to commit a felony (as murder or larceny) ;also : the act of entering or remaining unlawfully (as after closing to the public) in a building with intent to commit a crime (as a felony) NOTE: The crime of burglary was originally defined under the common law to protect people, since there were other laws (as those defining larceny and trespass) that protected property. State laws have broadened the common-law crime. Entering at night is often no longer required and may be considered an aggravating factor. The building may be something other than a dwelling, such as a store or pharmacy. Some states (as Louisiana) have included vehicles under their burglary statute. There are degrees of burglary, and some of the usual aggravating factors are the presence of pe...
Utilisation of surplus area
Utilisation of surplus area, the s. empowers the State Government or its authorised officer to 'utilise' any 'surplus area' for the resettlement of tenants, the Act does not define what is meant by an order of utilisation under the s. A clue to what is actually meant by that expression, is however to be found clause (b) s. 10A which provides as follows: 10-A(b). Notwithstanding anything contained in any other law for the time being in force and save in the case of land acquired by the State Government under any law for the time being in force or an heir by inheritance no transfer or other disposition of land which is comprised in surplus area at the commencement of this Act, shall affect the utilisation thereof in clause (a), Financial Commissioner v. Kala Devi, AIR 1980 SC 309 (310): (1980) 1 SCC 77: (1980) 1 SCR 1120. [Punjab Security of Land Tenures Act (10 of 1953), s. 10A and s. 10B]...
Municipal law
Municipal law, that which pertains solely to the citizens and inhabitants of a state, and is thus distinguished from political law and the law of nations...
Major port
Major port, means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port, Commentary on the Constitution of India, Durga Das Basu, Vol. 5, p. 213. [Constitution of India, Art. 364(2)(a)]The President is empowered to exclude, restrict or modify the laws made by Parliament or a State Legislature or the existing laws in their application to major ports, Commentary on the Constitution of India, Durga Das Basu, Vol. 5, p. 203, Constitution of India, Art. 364....
Doctrine severability
Doctrine severability, the main test to determine severability are (i) whether the part pronounced valid can stand along and be enforceable, (ii) whether the effect is to substitute for the law intended by the legislature one they may never have been willing, Commentary on the Constitution of India, Durga Das Basu, 5th Edn., Vol. 1, p. 220.The Constitution of India contains specific provisions in regard to the doctrine of severability, namely, clauses (1) and (2) of Article 13 and clause (i) of Article 254, the former with regard to contravention of a Fundamental Right and the latter with regard to repugnancy of the State Law in relation to a Law of Parliament, Constitution of India, Art. 13(1)(2) and Art. 254(1)...
statute of frauds
statute of frauds 1 often cap S&F a : a state law modeled on the English Statute of Frauds or dealing with the enforcement and requirements of agreements in particular circumstances see also Statute of Frauds in the Important Laws section compare main purpose rule part performance at performance NOTE: There are many statutes of frauds, but use of the term often implies a single entity. This is at least partially due to the great stature of the original law, which represents the general principle that a contract must be in writing to be enforceable. b : a provision in the Uniform Commercial Code under which a contract for the sale of goods for $500 or more is not enforceable unless signed by the party sought to be held to it or by an authorized agent 2 : a defense employing a statute of frauds (as in the denial of an enforceable agreement) ...
federal preemption
federal preemption : a doctrine in law that allows a federal law to take precedence over or to displace a state law in certain matters of national importance (as interstate commerce) ...
legality
legality pl: -ties 1 : attachment to or observance of law 2 : the quality or state of being legal : lawfulness 3 pl : obligations imposed by law ...
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