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Ratione Soli
''Ratione soli'' or is a Latin phrase meaning "according to the soil" or "by reason of the ownership of the soil." In property law, it is a justification for assigning property rights to landowners over resources found on their own land.W.M. Rockel''Game — Hunting Rights — Poaching'' 57 425, 426 (1908). Traditionally, the doctrine of ''ratione soli'' provides landowners "constructive possession of natural resources on, over, and under the surface: cujus est solum, ejus est usque ad coelum ad infernos." Origins In ancient Roman law, landowners could only take legal possession of animals by capturing and maintaining physical control over them. English common law originally restricted the right to hunt animals to those who had permission from the Crown, but later laws allowed landowners to hunt animals that entered upon their land through the principle of ''ratione soli''. Over time, this developed into a system of laws where the right to hunt was restricted to nobles and the ...
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Desportes Fox
Desportes is a French surname. Notable people with the surname include: *Alexandre-François Desportes (1661–1743), French painter * Émile Desportes (1878–1944), French classical composer and conductor *Hélène Desportes (1620–1675) * Narcisse Henri François Desportes (1776–1856), French botanist and bibliographer *Nicolas Desportes (1718–1787), French painter *Philippe Desportes Philippe Desportes or Desports (1546 – 5 October 1606) was a French poet.Jean Balsamo. Philippe Desports (1546-1606) Volume 62 of Actes et colloques. Editor, Contributor, Jean Balsamo. Publisher, Klincksieck, 2000 Biography Philippe Desp ... (1546–1606), French poet * Vincent Desportes (born 1953), French general and military theorist * Yvonne Desportes (1907–1993), French classical composer, writer and music educator {{surname French-language surnames ...
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Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ...
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Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ...
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Ad Coelum
''Cuius est solum, eius est usque ad coelum et ad inferos'' (Latin for "whoever's is the soil, it is theirs all the way to Heaven and all the way to Hell") is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and (in the broader formulation) the ground below. The principle is often referred to in its abbreviated form as the ''ad coelum'' doctrine. In modern law, this principle is still accepted in limited form; the rights are divided into air rights above and subsurface rights below. Property title includes to the space immediately above and below the ground – preventing overhanging parts of neighboring buildings – but do not have rights to control flights far above the ground or in space. In dense urban areas, air rights may be transferable (see transferable development rights) to allow construction of new buildings over existing buildings. In some jurisdictions, the ability to exploit miner ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Rule Of Capture
The rule of capture or law of capture, part of English common law and has been adopted by a number of U.S. states, establishes a rule of non-liability for captured natural resources including groundwater, oil, gas, and game animals. The general rule is that the first person to "capture" such a resource owns that resource. For example, landowners who extract or “capture” groundwater, oil, or gas from a well that bottoms within the subsurface of their land acquire absolute ownership of the substance even if it is drained from the subsurface of another’s land. The landowner who captures the substance owes no duty of care to other landowners. For example, a water well owner may dry up wells owned by adjacent landowners without fear of liability unless the groundwater was withdrawn for malicious purposes, the groundwater was not put to a beneficial use without waste, or (in Texas) "such conduct is a proximate cause of the subsidence of the land of others." A corollary of that rule ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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King Of England
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man) and the British Overseas Territories. The current monarch is King Charles III, who ascended the throne on 8 September 2022, upon the death of his mother, Queen Elizabeth II. The monarch and their immediate family undertake various official, ceremonial, diplomatic and representational duties. As the monarchy is constitutional, the monarch is limited to functions such as bestowing honours and appointing the prime minister, which are performed in a non-partisan manner. The sovereign is also able to comment on draft laws which directly affect the monarchy. The monarch is also Head of the British Armed Forces. Though the ultimate executive authority over the government is still ...
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Nobles
Nobility is a social class found in many societies that have an aristocracy. It is normally ranked immediately below royalty. Nobility has often been an estate of the realm with many exclusive functions and characteristics. The characteristics associated with nobility may constitute substantial advantages over or relative to non-nobles or simply formal functions (e.g., precedence), and vary by country and by era. Membership in the nobility, including rights and responsibilities, is typically hereditary and patrilineal. Membership in the nobility has historically been granted by a monarch or government, and acquisition of sufficient power, wealth, ownerships, or royal favour has occasionally enabled commoners to ascend into the nobility. There are often a variety of ranks within the noble class. Legal recognition of nobility has been much more common in monarchies, but nobility also existed in such regimes as the Dutch Republic (1581–1795), the Republic of Genoa (1005–18 ...
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India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast, it shares land borders with Pakistan to the west; China, Nepal, and Bhutan to the north; and Bangladesh and Myanmar to the east. In the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives; its Andaman and Nicobar Islands share a maritime border with Thailand, Myanmar, and Indonesia. Modern humans arrived on the Indian subcontinent from Africa no later than 55,000 years ago., "Y-Chromosome and Mt-DNA data support the colonization of South Asia by modern humans originating in Africa. ... Coalescence dates for most non-European populations average to between 73–55 ka.", "Modern human beings—''Homo sapiens''—originated in Africa. Then, int ...
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Colorado Supreme Court
The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices. Powers and duties Appellate jurisdiction Discretionary appeals The Court principally handles certiorari petitions. Certiorari petitions ask the Supreme Court to grant an additional review of a case. The primary review ppeal of rightwas either done by: * Colorado Court of Appeals in appeals from courts of general jurisdiction istrict Courts or * Courts of general jurisdiction istrict Courtsin appeals from courts of limited jurisdiction ounty or Municipal Courts Only a small fraction of certiorari petitions are granted by the Colorado Supreme Court. From petitions filed in 2015 and 2016, only 6% of all cases were granted an additional review. It takes three of the seven justices to vote in favor of a certiorari petition for it to be granted. Appeals of right In addition, the Colorado Supreme Court has jur ...
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Pierson V
Pierson or Piersons may refer to: Places *Pierson, Florida *Pierson, Iowa *Pierson, Manitoba *Pierson, Michigan *Pierson College of Yale University *Pierson Creek, a stream in Iowa *Piersons Lake, a lake in Minnesota Other uses *Pierson (surname) See also *Peirson, given name and surname *Pearson (other) Pearson may refer to: Organizations Education *Lester B. Pearson College, Victoria, British Columbia, Canada *Pearson College (UK), London, owned by Pearson PLC *Lester B. Pearson High School (other) Companies *Pearson PLC, a UK-based int ...
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