To Be Born - Law Dictionary Search Results
Home Dictionary Name: to be born Page: 2Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
Infanticide
Infanticide, means (1) The act of killing a newborn child, esp. by the parents or with their consent, in archaic usage, the word referred also to the killing of an unborn child. Also termed child destruction; neonaticide. (2) The practice of killing newborn children. (3) One who kills a newborn child, Black's Law Dictionary, 7th Edn., p. 781.Infanticide, the killing of a child immediately after it is born. The felonious destruction of the feticide, or criminal abortion.In every case in which an infant is found dead, and its death becomes the subject of judicial investiga-tion, the great questions which present themselves for inquiry are:-(1) What is the age of the child?(2) Was the child born alive?(3) If born alive, how long had it lived?(4) If born alive, by what means did it die?If it be proved that its death was owing to violence, it is then to be ascertained who the murderer of it is. If suspicion fall upon the mother, it is to be determined--(1) Whether she has been delivered of ...
Bastard
Bastard [fornication], one born not of lawful marriage. [(English) Age of Marriage Act, 1929 (19 & 20 Geo. 5, c. 36)]The civil and canon laws did not allow a child to remain a bastard if the parents afterwards intermarried, but a proposal by the bishops to assimilate the law of England to the canon law in this respect was rejected by Parliament in 1235. See MERTON, STATUTE OF. The law of England remained thus for nearly 700 years, until the Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), legitimated a child born out of wedlock upon the subsequent marriage of parents if they were domiciled in England or Wales at the date of marriage. See LEGITIMATION. In Scotland, however, and in most other Christian countries, including most, if not all, of the British Dominions, and most, if not all, of the United States of America, legitimation of the children has always followed the intermarriage of the parents.The mother of a bastard cannot validly contract with another person for the transfer to tha...
Natural child
Natural child, the child in fact, the child of one's body. Some children are both the natural and legitimate offspring of a marriage, i.e., those duly born in wedlock. Some are the legitimate but not the natural offspring of a marriage, i.e., those who are born in wedlock, and never bastardized, although begotten in adultery and in fact the natural children of a stranger. See Shakespeare's King John, Act i., sc. 1. [Indian Succession Act]Some are natural children only; i.e., bastards, born out of wedlock, and those born in wedlock, who are bastardized, and hence the word is popularly more often used as though it were simply equivalent to bastard. See LEGTIMATION; BASTARD and BASTARDIZE....
Citizen
Citizen, in relation to a country specified in the first Schedule, means a person who under the citizenship or nationality law for the time being in force in that country, is a citizen or national of that country. [Citizenship Act, 1955 (57 of 1955), s. 2 (1) (b)]Citizen, the citizenship of a person can be terminated under the relevant law, [Citizenship Act, 1955, s. 9]Is a person who is either born within the State or born of parents who are citizens or one who has acquired the status of citizen by application of the laws of the State providing for the naturalization of persons born in another State, Dictionary of Political Science, Joseph Dunner, 1965, p. 95.The modes of acquisition of Indian citizenship are (a) Birth, (b) Descent, (c) Registration, (d) Naturalisation, (e) Incorporation of territory, and (f) Certificate in case of doubt, Commentary on Constitution of India, Durga Das Basu, 6th Edn., Vol. 1, p. 111.Is a member, native or naturalised, of a State, the Concise Oxford Dic...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Foreigner
Foreigner, has the same meaning as the Foreigners Act, 1946. [National Security Act, 1980 (65 of 1980)]It means a person who is not a citizen of India. [Foreigners Act, 1946 (31 of 1946), s. 2; See also National Security Act, 1980 (65 of 1980), s. 2 (c)]The word 'foreigner' according to the definition as in force in 1955 meant, a person who (i) is not natural born British subject as defined in sub-ss. (1) and (2) of s. 1 of the British Nationality and Status of Aliens Act, 1914, or (ii) has not been granted a certificate of naturalization as a British subject under any law, for the time being in force in India, or (iii) is not a citizen of India. The Citizenship Act, 1955 having been published in the Gazette of India on December 30, 1955, was also not in force at the time when the respondent entered India, State of U.P. v. Rahmatullah, AIR 1971 SC 1382: (1972) 2 SCC 113: (1971) Supp SCR 494.A person born at Allahabad at a time when it was within his Britannic Majesty's Dominion is a na...
legitimate
legitimate [Medieval Latin legitimatus, past participle of legitimare to give legal status to, from Latin legitimus legally sanctioned, from leg-, lex law] 1 : conceived or born of parents lawfully married to each other or having been made through legal procedure equal in status to one so conceived or born ;also : having rights and obligations under the law as the child of such birth 2 : being neither spurious nor false [a grievance] 3 : being in accordance with law or with established legal forms and requirements [a government] 4 : conforming to recognized principles or accepted rules and standards [a claim of entitlement] [a business reason] le·git·i·mate·ly adv [lə-ji-tə-māt] vt -mat·ed -mat·ing : to make legitimate: as a : to give legal status or authorization to b : to show or affirm to be justified or have merit c : to put (an illegitimate child) in the state of a child born of married parents before the law by legal mean...
wrongful life
wrongful life : a malpractice claim brought by or on behalf of a child born with a birth defect alleging that he or she would never have been born if not for the negligent advice or treatment provided to the parents by a physician or health-care provider ;also : the life or injury at issue in such a claim [recovery for wrongful life] NOTE: Wrongful life claims have usually been rejected by the courts. The injury is not the birth defect, but the life itself, and courts are reluctant to declare life an injury. A specific calculation of damages for wrongful life would entail affixing a monetary value to the difference between life in an impaired state and nonexistence. There is no legally established right not to be born. ...
citizen
citizen [Anglo-French citezein, alteration of Old French citeien, from cité city] 1 : a native or naturalized individual who owes allegiance to a government (as of a state or nation) and is entitled to the enjoyment of governmental protection and to the exercise of civil rights see also Scott v. Sandford in the Important Cases section amendment xiv to the Constitution in the back matter compare resident NOTE: Under the Fourteenth Amendment, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” A person born outside of the U.S. to parents who were born or naturalized in the U.S. is also a citizen of the U.S. A corporation is not considered a citizen for purposes of the privileges and immunities clause of the Fourteenth Amendment. A corporation is, however, deemed a citizen of the state in which it is incorporated or has its principal place of business f...
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