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Assento
In Portuguese law, the assentos (literally, ''settlements'') were general obligatory rules expressed in some of the decisions of the Supreme Court of Justice. Unlike precedents, the assentos had the form of a general rule. Unlike statutory legislation, the assentos were made by a court and after a concrete case was presented before the court. The assentos were declared unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ... by the Constitutional Court, after the 1982 constitutional revision and no longer exist in Portuguese law. References Legal history of Portugal {{Portugal-stub ...
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Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of the Azores and Madeira. It features the westernmost point in continental Europe, and its Iberian portion is bordered to the west and south by the Atlantic Ocean and to the north and east by Spain, the sole country to have a land border with Portugal. Its two archipelagos form two autonomous regions with their own regional governments. Lisbon is the capital and largest city by population. Portugal is the oldest continuously existing nation state on the Iberian Peninsula and one of the oldest in Europe, its territory having been continuously settled, invaded and fought over since prehistoric times. It was inhabited by pre-Celtic and Celtic peoples who had contact with Phoenicians and Ancient Greek traders, it was ruled by the Ro ...
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Rule
Rule or ruling may refer to: Education * Royal University of Law and Economics (RULE), a university in Cambodia Human activity * The exercise of political or personal control by someone with authority or power * Business rule, a rule pertaining to the structure or behavior internal to a business * School rule, a rule that is part of school discipline * Sport rule, a rule that defines how a sport is played * Game rule, a rule that defines how a game is played * Moral, a rule or element of a moral code for guiding choices in human behavior * Norm (philosophy), a kind of sentence or a reason to act, feel or believe * Rule of thumb, a principle with broad application that is not intended to be strictly accurate or reliable for every situation * Unspoken rule, an assumed rule of human behavior that is not voiced or written down * Slide rule, a mechanical analog computer Science * Rule of inference or transformation rule, a term in logic for a function which takes premises an ...
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Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ...
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Statutory Law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities. Codified law The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States Code, the Ohio Revised Code or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the United States Statutes at Large. Another meaning of "codified law" is a statute that takes the common law ...
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Legal Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the c ...
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Constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on th ...
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Portuguese Constitutional Court
The Constitutional Court ( pt, Tribunal Constitucional, ) is a special court, defined by the Portuguese Constitution as part of the judicial branch of the Portuguese political organization. Unlike the rest of the country's courts, the Constitutional Court has important characteristics, such as a special composition, and unique competences. The main task of the court is to review the constitutionality of the newly approved laws, but it also has important powers related to the President of the Republic, the political parties, and referendums. The Portuguese Constitution defines the Constitutional Court as a completely independent organ that operates independently from the other branches of government, such as the Executive or the Legislative. The Justices of the Constitutional Court are independent and cannot be impeached. The decisions of the court are above the decisions of any other authority. The court convenes in Lisbon, in the Ratton Palace located in Bairro Alto. Orga ...
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