|
Desuetude
In law, desuetude (; , ) is a doctrine that causes statutes, similar legislation, or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time. It is what happens to laws that are not repealed when they become obsolete. It is the legal doctrine that long and continued non-use of a law renders it invalid, at least in the sense that courts will no longer tolerate punishing its transgressors. The policy of inserting sunset clauses into a constitution or charter of rights (as in Canada since 1982) or into regulations and other delegated/subordinate legislation made under an act (as in Australia since the early 1990s) can be regarded as a statutory codification of this doctrine. English and Scots law The doctrine of desuetude has not historically been favoured in the common law tradition. In 1818, the English court of King's Bench held in the case of '' Ashford v Thornton'' that trial by combat remained available at a defendant's op ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sunset Provision
In public policy, a sunset provision or sunset clause is a measure within a statute, regulation or other law that provides that the law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law. Most laws do not have sunset clauses and therefore remain in force indefinitely, except under systems in which desuetude applies. Origin The roots of sunset provisions are laid in Roman law of the mandate but the first philosophical reference is traced in the laws of Plato. At the time of the Roman Republic, the empowerment of the Roman Senate to collect special taxes and to activate troops was limited in time and extent. Those empowerments ended before the expiration of an electoral office, such as the Proconsul. The rule ''Ad tempus concessa post tempus censetur denegata'' is translated as "what is admitted for a period will be refused after the period". The same rules were applied in the Roman emergency legislation. The fundamental ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Information Institute
The Legal Information Institute (LII) is a non-profit, public service of Cornell Law School that provides no-cost access to current American and international legal research sources online alaw.cornell.edu The organization is a pioneer in the delivery of legal information online. Founded in 1992 by Peter Martin and Tom Bruce, LII was the first law site developed on the internet. LII electronically publishes on the Web the U.S. Code, U.S. Supreme Court opinions, Uniform Commercial Code, the US Code of Federal Regulations, several Federal Rules, and a variety of other American primary law materials.. LII also provides access to other national and international sources, such as treaties and United Nations materials. According to its website, the LII serves over 40 million unique visitors per year. Since its inception, the Legal Information Institute has inspired others around the world to develop namesake operations. These services are part of the Free Access to Law Movement. His ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Griswold V
Griswold may refer to: People and fictional characters * Griswold (surname), a list of people and fictional characters * Griswold family, an American political family Places Canada * Griswold, Manitoba * Griswold Pass, British Columbia, a mountain pass United States * Griswold, Connecticut, a town * Griswold, Iowa, a city * Griswold, Missouri, an unincorporated community * Griswold, New York, a hamlet in the town of Arkwright * Griswold Street, Detroit, Michigan * Fort Griswold, Groton, Connecticut * Griswold Lake (Nevada) * Griswold Creek, California * Griswold Hills, California, United States, a mountain range * Griswold Scout Reservation, New Hampshire Facilities and structures * Griswold Airport, Madison, Connecticut * Griswold High School (other) * Griswold Stadium, Portland, Oregon, United States, a football and soccer stadium for Lewis & Clark College * Griswold Building, original name of The Albert (Detroit), a former office building on the National Register ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
FindLaw
FindLaw is a business of Thomson Reuters that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen, and Tim Stanley in 1995, and was acquired by Thomson West in 2001. FindLaw.com is a free legal information website that helps consumers, small-business owners, students and legal professionals find answers to everyday legal questions and legal counsel when necessary. The site includes case law, state and federal statutes, a lawyer directory, and legal news and analysis. It also includes a free legal dictionary and magazine called ''Writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...'', whose contributors (mostly legal academics) argue, explain and debate legal matters of topical interest. FindLaw of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Birth Control
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth control only became available in the 20th century. Planning, making available, and using birth control is called family planning. Some cultures limit or discourage access to birth control because they consider it to be morally, religiously, or politically undesirable. The World Health Organization and Centers for Disease Control and Prevention, United States Centers for Disease Control and Prevention provide guidance on the safety of birth control methods among women with specific medical conditions. The most effective methods of birth control are Sterilization (medicine), sterilization by means of vasectomy in males and tubal ligation in females, intrauterine devices (IUDs), and contraceptive implant, implantable birth control. This is follo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Poe V
Edgar Allan Poe (; Edgar Poe; January 19, 1809 – October 7, 1849) was an American writer, poet, editor, and literary critic. Poe is best known for his poetry and short stories, particularly his tales of mystery and the macabre. He is widely regarded as a central figure of Romanticism in the United States, and of American literature. Poe was one of the country's earliest practitioners of the short story, and considered to be the inventor of the detective fiction genre, as well as a significant contributor to the emerging genre of science fiction. Poe is the first well-known American writer to earn a living through writing alone, resulting in a financially difficult life and career. Poe was born in Boston, the second child of actors David and Elizabeth "Eliza" Poe. His father abandoned the family in 1810, and when his mother died the following year, Poe was taken in by John and Frances Allan of Richmond, Virginia. They never formally adopted him, but he was with them we ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malum In Se
''Malum in se'' (plural ''mala in se'') is a Latin phrase meaning ''wrong'' or ''evil in itself''. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. It is distinguished from ''malum prohibitum'', which is wrong only because it is prohibited. For example, most human beings believe that murder, rape, and robbery are wrong, regardless of whether a law governs such conduct or where the conduct occurs, and is thus recognizably ''malum in se''. In contrast, ''malum prohibitum'' crimes are criminal not because they are inherently bad, but because the act is prohibited by the law of the state. For example, most United States jurisdictions require drivers to drive on the right side of the road. This is not because driving on the left side of a road is considered immoral, but because consistent rules promote safety and order on the roads. The question between inherently wrong versus prohibited most lik ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malum Prohibitum
''Malum prohibitum'' (plural ''mala prohibita'', literal translation: "wrong s or becauseprohibited") is a Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct that is evil in and of itself, or ''malum in se''. Conduct that is so clearly violative of society's standards for allowable conduct that it is illegal under English common law is usually regarded as ''malum in se''. An offense that is ''malum prohibitum'' may not appear on the face to directly violate moral standards. The distinction between these two cases is discussed in ''State of Washington v. Thaddius X. Anderson'': Examples of offenses that are generally regarded as ''mala prohibita'' include disorderly conduct, gambling, possession of a controlled substance, prostitution, public intoxication, resisting arrest, speeding, and vagrancy. See also * Public-order crime * Victimless crime A victimless crime is an illegal act that typically ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
West Virginia Supreme Court Of Appeals
The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's state courts. The court sits primarily at the West Virginia State Capitol in Charleston, although from 1873 to 1915, it was also required by state law to hold sessions in Charles Town in the state's Eastern Panhandle. The court also holds special sittings at various locations across the state. Although the West Virginia Constitution allowed for an intermediate court of appeals to be created, since 1974 the Legislature declined to do so, until 2021 and thus the Supreme Court provided the only review of the decisions of the state's trial courts of general jurisdiction, the West Virginia Circuit Courts. In December 2010, the Supreme Court promulgated a major revision of West Virginia's rules of appellate procedure, by which it provided that it would hear all properly perfected appeals of right from the circuit courts. Beginning July 1, 2022 a new ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.png "Click for more on -> Desuetude")
