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Right Of Option
In Catholic canon law, Right of Option is a way of obtaining a benefice or a title, by the choice of the new titulary himself. History Many chapters enjoyed this right formerly and it is still the privilege of some: the canon, who has held his office for the longest time may, in conformity with the statutory regulation, resign the prebend he enjoys to accept another that has become vacant. A second right of option existed in France before 1789: by virtue of a custom a prebendary, who was appointed to and had entered into possession of a benefice incompatible with one he already held, was entitled to select whichever of the two he preferred, when, according to the common law, he had already lost the incompatible benefice which he had previously held. The right of option still exists with regard to cardinalitial titles. Derivations in public law In this way the Catholic canon law first established an "incompatibility", giving life to the prohibition of the simultaneous poss ...
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Catholic Canon Law
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 pop ...
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Benefice
A benefice () or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term as a benefit to an individual from the Empire for services rendered. Its use was adopted by the Western Church in the Carolingian, Carolingian Era as a benefit bestowed by the crown or church officials. A benefice specifically from a church is called a precaria (pl. ''precariae)'', such as a stipend, and one from a monarch or nobleman is usually called a fief. A benefice is distinct from an allodial title, allod, in that an allod is property owned outright, not bestowed by a higher authority. Roman Catholic Church Roman imperial origins In ancient Rome a ''benefice'' was a gift of land (precaria) for life as a reward for services rendered, originally, to the state. The word comes from the Latin language, Latin noun ''beneficium'', meaning "benefit". Carolingian Era In the 8th century, using their position as Mayor of the Pa ...
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Title
A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the first and last name (for example, ''Graf'' in German language, German, Cardinal (Catholicism), Cardinal in Catholic church, Catholic usage (Richard Cushing#Legacy, Richard Cardinal Cushing) or clerical titles such as Archbishop). Some titles are hereditary title, hereditary. Types Titles include: * Honorific, Honorific titles or Style (manner of address), styles of address, a phrase used to convey respect to the recipient of a communication, or to recognize an attribute such as: ** Imperial, royal and noble ranks ** Academic degree ** Social titles, prevalent among certain sections of society due to historic or other reasons. ** Other accomplishment, as with a title of honor * Title of authority, an identifier that specifies the office o ...
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Canon (priest)
A canon (from the Latin , itself derived from the Greek , , "relating to a rule", "regular") is a member of certain bodies in subject to an ecclesiastical rule. Originally, a canon was a cleric living with others in a clergy house or, later, in one of the houses within the precinct of or close to a cathedral or other major church and conducting his life according to the customary discipline or rules of the church. This way of life grew common (and is first documented) in the 8th century AD. In the 11th century, some churches required clergy thus living together to adopt the rule first proposed by Saint Augustine that they renounce private wealth. Those who embraced this change were known as Augustinians or Canons Regular, whilst those who did not were known as secular canons. Secular canons Latin Church In the Latin Church, the members of the chapter of a cathedral (cathedral chapter) or of a collegiate church (so-called after their chapter) are canons. Depending on the title ...
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Prebend
A prebendary is a member of the Roman Catholic or Anglican clergy, a form of canon with a role in the administration of a cathedral or collegiate church. When attending services, prebendaries sit in particular seats, usually at the back of the choir stalls, known as prebendal stalls. History At the time of the ''Domesday Book'' in 1086, the canons and dignitaries of the cathedrals of England were supported by the produce and other profits from the cathedral estates.. In the early 12th century, the endowed prebend was developed as an institution, in possession of which a cathedral official had a fixed and independent income. This made the cathedral canons independent of the bishop, and created posts that attracted the younger sons of the nobility. Part of the endowment was retained in a common fund, known in Latin as ''communia'', which was used to provide bread and money to a canon in residence in addition to the income from his prebend. Most prebends disappeared in 1547, ...
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France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pacific and Indian Oceans. Its Metropolitan France, metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea; overseas territories include French Guiana in South America, Saint Pierre and Miquelon in the North Atlantic, the French West Indies, and many islands in Oceania and the Indian Ocean. Due to its several coastal territories, France has the largest exclusive economic zone in the world. France borders Belgium, Luxembourg, Germany, Switzerland, Monaco, Italy, Andorra, and Spain in continental Europe, as well as the Kingdom of the Netherlands, Netherlands, Suriname, and Brazil in the Americas via its overseas territories in French Guiana and Saint Martin (island), ...
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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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Cardinal (Catholicism)
A cardinal ( la, Sanctae Romanae Ecclesiae cardinalis, literally 'cardinal of the Holy Roman Church') is a senior member of the clergy of the Catholic Church. Cardinals are created by the ruling pope and typically hold the title for life. Collectively, they constitute the College of Cardinals. Their most solemn responsibility is to elect a new pope in a conclave, almost always from among themselves (with a few historical exceptions), when the Holy See is vacant. During the period between a pope's death or resignation and the election of his successor, the day-to-day governance of the Holy See is in the hands of the College of Cardinals. The right to participate in a conclave is limited to cardinals who have not reached the age of 80 years by the day the vacancy occurs. In addition, cardinals collectively participate in papal consistories (which generally take place annually), in which matters of importance to the Church are considered and new cardinals may be created. Cardina ...
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Ineligibility Clause
The Ineligibility Clause (sometimes also called the Emoluments Clause, or the Incompatibility Clause, or the Sinecure Clause) is a provision in Article 1, Section 6, Clause 2 of the United States Constitution that makes each incumbent member of Congress ineligible to hold an office established by the federal government during their tenure in Congress; it also bars officials in the federal government's executive and judicial branches from simultaneously serving in either the U.S. House or Senate. The purpose of the clause is twofold: first, to protect the separation of powers philosophy (upon which the federal frame of government is built); and second, to prevent Congress from conspiring to create offices or increase federal officials' salaries with the expectation that members of Congress would later be appointed to these posts. Text Origins The Framers of the Constitution understood this clause primarily as an anti-corruption device. Painfully familiar with the system of "roya ...
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Disfranchisement
Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. Disfranchisement can also refer to the revocation of power or control of a particular individual, community or being to the natural amenity they have; that is to deprive of a franchise, of a legal right, of some privilege or inherent immunity. Disfranchisement may be accomplished explicitly by law or implicitly through requirements applied in a discriminatory fashion, through intimidation, or by placing unreasonable requirements on voters for registration or voting. Based on age Most countries or regions set a minimum voting age, and disenfranchise all citizens younger than this age. The most common voting age is 18, though some countries have minimum voting ages set as young as 16 or as old as 21. Based on residence or ethnicity A ...
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History Of The Catholic Church
The history of the Catholic Church is the formation, events, and historical development of the Catholic Church through time. The tradition of the Catholic Church claims the Catholic Church began with Jesus Christ and his teachings; the Catholic tradition considers that the Catholic Church is a continuation of the early Christian community established by the Disciples of Jesus. The Church considers its bishops to be the successors to Jesus's apostles and the Church's leader, the Bishop of Rome (also known as the Pope), to be the sole successor to Saint Peter who ministered in Rome in the first century AD after his appointment by Jesus as head of the Church.Hitchcock, ''Geography of Religion'' (2004), p. 281, quote: "Some (Christian communities) had been evangelized by Peter, the disciple Jesus designated as the founder of His church. Once the position was institutionalized, historians looked back and recognized Peter as the first pope of the Christian church in Rome"Norman, '' ...
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Legal Ethics
Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself. In the United States In the U.S., each state or territory has a code of professional conduct dictating rules of ethics. These may be adopted by the respective state legislatures and/or judicial systems. The American Bar Association has promulgated the Model Rules of Professional Conduct which, while formally only a recommendation by a private body, have been influential in many jurisdictions. The Model Rules address many topics which are found in state ethics rules, including the ''client-lawyer relationship'', duties of a lawyer as ''advocate'' in adversary proceedings, dealings ''with persons other than clients'', ''law firms and associations'', ''public service'', ''advertising'', and ''maintaining the integrity of the profession''. Respect of client confidences, candor toward the tribuna ...
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