|
Declaration (law)
In law, a declaration is an authoritative establishment of fact. Declarations take various forms in different legal systems. Canon law In the canon law of the Catholic Church, a declaration of nullity, (commonly called an annulment and less commonly a decree of nullity) is authoritative judgment on the part of an ecclesiastical tribunal juridically establishing the fact that a marriage was invalidly contracted or, less frequently, a judgment juridically establishing the fact that an ordination was invalidly conferred. It does not dissolve a valid bond of marriage, but it is merely a factual declaration of the nullity of the bond. Common law In common law, a declaration ordinarily refers to a judgment of the court or an award of an arbitration tribunal that is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the declaration is made by a court, it is usually referred to as a ''declaratory judgment'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law Of The Catholic Church
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches ''.'' Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Performativity
''Performativity'' is the concept that language can function as a form of social action and have the effect of change. The concept has multiple applications in diverse fields such as anthropology, social and cultural geography, economics, gender studies (social construction of gender), law, linguistics, performance studies, history, management studies and philosophy. The concept is first described by philosopher of language John L. Austin when he referred to a specific capacity: the capacity of speech and communication to act or to consummate an action. Austin differentiated this from constative language, which he defined as descriptive language that can be "evaluated as true or false". Common examples of performative language are making promises, betting, performing a wedding ceremony, an umpire calling a strike, or a judge pronouncing a verdict. Influenced by Austin, philosopher and gender theorist Judith Butler argued that gender is socially constructed through commonplace sp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dying Declaration
In the law of evidence, a dying declaration is testimony that would normally be barred as hearsay but may in common law nonetheless be admitted as evidence in criminal law trials because it constituted the last words of a dying person. The rationale is that someone who is dying or believes death to be imminent would have less incentive to fabricate testimony, and as such, the hearsay statement carries with it some reliability. History In medieval English courts, the principle originated of ''Nemo moriturus praesumitur mentiri'' — "no-one on the point of death should be presumed to be lying".Last Words , Brendan I. Koerner, Legal Affairs, November/December 2002. Fetched from URL on 9 May 2011. An incident in which a dying declaration was admitted as evidence has been found in a 1202 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Settlor
In law a settlor is a person who settles property on trust law for the benefit of beneficiaries. In some legal systems, a settlor is also referred to as a trustor, or occasionally, a grantor or donor. Where the trust is a testamentary trust, the settlor is usually referred to as the testator. The settlor may also be the trustee of the trust (where he declares that he holds his own property on trusts) or a third party may be the trustee (where he transfers the property to the trustee on trusts). In the common law of England and Wales, it has been held, controversially, that where a trustee declares an intention to transfer trust property to a trust of which he is one of several trustees, that is a valid settlement notwithstanding the property is not vested in the other trustees. Capacity to be a trustee is generally co-extensive with the ability to hold and dispose of a legal or beneficial interest in property. In practice, special considerations arise only with respect to minors and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust Law
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settlor", the party to whom the right is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the " beneficiary", and the entrusted property itself is known as the "corpus" or "trust property". A ''testamentary trust'' is created by a will and arises after the death of the settlor. An ''inter vivos trust'' is created during the settlor's lifetime by a trust instrument. A trust may be revocable or irrevocable; an irrevocable trust can be "broken" (revoked) only by a judicial proceeding. The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who is/are the equitable owner(s) of the trust property. Trustees thus have a fiduciary duty to manage th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dividends
A dividend is a distribution of profits by a corporation to its shareholders. When a corporation earns a profit or surplus, it is able to pay a portion of the profit as a dividend to shareholders. Any amount not distributed is taken to be re-invested in the business (called retained earnings). The current year profit as well as the retained earnings of previous years are available for distribution; a corporation is usually prohibited from paying a dividend out of its capital. Distribution to shareholders may be in cash (usually a deposit into a bank account) or, if the corporation has a dividend reinvestment plan, the amount can be paid by the issue of further shares or by share repurchase. In some cases, the distribution may be of assets. The dividend received by a shareholder is income of the shareholder and may be subject to income tax (see dividend tax). The tax treatment of this income varies considerably between jurisdictions. The corporation does not receive a tax deduct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Company (law)
A company, abbreviated as co., is a legal entity representing an association of people, whether natural, legal or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specific, declared goals. Companies take various forms, such as: * voluntary associations, which may include nonprofit organizations * business entities, whose aim is generating profit * financial entities and banks * programs or educational institutions A company can be created as a legal person so that the company itself has limited liability as members perform or fail to discharge their duty according to the publicly declared incorporation, or published policy. When a company closes, it may need to be liquidated to avoid further legal obligations. Companies may associate and collectively register themselves as new companies; the resulting entities are often known as corporate groups. Meanings and definitions A company can be defined as an "artificial per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath on penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Church Of Scotland
The Church of Scotland ( sco, The Kirk o Scotland; gd, Eaglais na h-Alba) is the national church in Scotland. The Church of Scotland was principally shaped by John Knox, in the Scottish Reformation, Reformation of 1560, when it split from the Catholic Church and established itself as a church in the reformed tradition. The church is Calvinist Presbyterian, having no head of faith or leadership group and believing that God invited the church's adherents to worship Jesus. The annual meeting of its general assembly is chaired by the Moderator of the General Assembly of the Church of Scotland. The Church of Scotland celebrates two sacraments, Baptism and the Lord's Supper in Reformed theology, Lord's Supper, as well as five other Rite (Christianity), rites, such as Confirmation and Christian views on marriage, Matrimony. The church adheres to the Bible and the Westminster Confession of Faith, and is a member of the World Communion of Reformed Churches. History Presbyterian tra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaratory Articles
The Articles Declaratory of the Constitution of the Church of Scotland – often known as the Declaratory Articles - were drawn up early in the 20th century to facilitate the union of the Church of Scotland and the United Free Church of Scotland. The "declaratory" nature of the Articles means that they are intended to define or "declare" a status that already existed, but explicitly spelt out for the avoidance of doubt. By an Act of Parliament – The Church of Scotland Act 1921 – the Articles Declaratory were held to be lawful, thus recognising the Church of Scotland as the national church in Scotland but independent from the state in matters spiritual. They are still in force. Special procedures are required to amend the Articles Declaratory (see Article VIII), but Article I cannot be altered. See also *Separation of church and state The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thirteen Colonies
The Thirteen Colonies, also known as the Thirteen British Colonies, the Thirteen American Colonies, or later as the United Colonies, were a group of Kingdom of Great Britain, British Colony, colonies on the Atlantic coast of North America. Founded in the 17th and 18th centuries, they began fighting the American Revolutionary War in April 1775 and formed the United States of America by United States Declaration of Independence, declaring full independence in July 1776. Just prior to declaring independence, the Thirteen Colonies in their traditional groupings were: New England (Province of New Hampshire, New Hampshire; Province of Massachusetts Bay, Massachusetts; Colony of Rhode Island and Providence Plantations, Rhode Island; Connecticut Colony, Connecticut); Middle (Province of New York, New York; Province of New Jersey, New Jersey; Province of Pennsylvania, Pennsylvania; Delaware Colony, Delaware); Southern (Province of Maryland, Maryland; Colony of Virginia, Virginia; Provin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaratory Act
The American Colonies Act 1766 (6 Geo. III c 12), commonly known as the Declaratory Act, was an Act of the Parliament of Great Britain which accompanied the repeal of the Stamp Act 1765 and the amendment of the Sugar Act. Parliament repealed the Stamp Act because boycotts were hurting British trade and used the declaration to justify the repeal and save face. The declaration stated that the Parliament's authority was the same in America as in Britain and asserted Parliament's authority to pass laws that were binding on the American colonies. Background Representatives from a number of the 14 colonies assembled as the Stamp Act in response to the Stamp Act 1762, to call into question the right of a distant power to tax them without proper representation. The British Parliament was then faced with colonies who refused to comply with their Act. This, combined with protests that had occurred in the colonies and, more importantly, protests which had arisen in Great Britain from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
