Usurp - Law Dictionary Search Results
Home Dictionary Name: usurpusurp
usurp [Latin usurpare to take possession of without a strict legal claim, from usus use + rapere to seize] vt : to seize and hold (as office, place, or powers) in possession by force or without right [the courts may not the powers of the legislature] vi : to seize or exercise authority or possession wrongfully usur·pa·tion [yü-sər-pā-shən, -zər-] n usurp·er [y-sər-pər, -zər-] n ...
Usurpation
Usurpation, a keeping or holding by using that which is another's; an interruption of usucapio, or disturbing a man in his right and possession, etc. It is called instrusion in the civil and canon laws, Sand. Just.The unlawful seizure and assumption of another's office, position, or authority, Black's Law Diction-ary, 7th Edn....
Quo warranto
Quo warranto, a writ issuable out of the King's Bench Division of the High Court of Justice, in the nature of a writ of right for the Crown against him who claims or usurps any office, franchise, or liberty to inquire 'by what authority' he supports his claim, in order to determine the right. It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it, whereby it is forfeited.This proceeding was, until 1872, the one generally adopted for the purpose of trying the right to be elected to municipal offices, but the (English) Corrupt Practices (Municipal Elections) Act, 1872, by s. 12, replaced by the (English) Municipal Corporations Act, 1882, s. 87 [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of bribery, etc., disqualification, or undue return. By s. 84 of the Act of 1933, proceedings must be instituted within six...
encroach
encroach [Anglo-French encrocher, probably alteration of acrocher to catch hold of, seize, usurp, from Old French, from a-, prefix stressing goal + croc hook] : to enter esp. gradually or stealthily into the possessions or rights of another [es on an adjoining property] ...
Shogun
A title originally conferred by the Mikado on the military governor of the eastern provinces of Japan By gradual usurpation of power the Shoguns known to foreigners as Tycoons became finally the virtual rulers of Japan The title was abolished in 1867...
Admeasurement, writ of
Admeasurement, writ of. It lay against persons who usurped more than their share, in the two following cases; admeasurement of dower, where the widow held from the heir more land, etc., as dower than rightly belonged to her; and admeasurement of pasture, which lay where any one having common of pasture surcharged the common, Termes de la Ley....
Adulterine guilds
Adulterine guilds, traders acting as a corporation without a charter, and paying a fine annually for permission to exercise their usurped privileges, Smith's Wealth of Nations, bk. 1. C. 10....
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
King's Bench
King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...
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