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Reception Statutes
A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law before its independence to the extent not explicitly rejected by the legislative body or constitution of the new nation. Reception statutes generally consider the English common law dating prior to independence, as well as the precedents originating from it, as the default law because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state. All US states have either implemented reception statutes or adopted the common law by judicial opinion, but there is a special case of partial reception for Louisiana. Initial reception of English common law In '' Commentaries on the Laws of England'', Sir William Blackstone described the process by which English common law followed English colonization: Plantations or colonies, in distant countries, are ei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Proclamation Of 1763
The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Proclamation forbade all settlements west of a line drawn along the Appalachian Mountains, which was delineated as an Indian Reserve. Exclusion from the vast region of Trans-Appalachia created discontent between Britain and colonial land speculators and potential settlers. The proclamation and access to western lands was one of the first significant areas of dispute between Britain and the colonies and would become a contributing factor leading to the American Revolution. The 1763 proclamation line is situated similar to the Eastern Continental Divide, extending from Georgia to the divide's northern terminus near the middle of the northern border of Pennsylvania, where it intersects the northeasterly St. Lawrence Divide, and extends further thr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Great Qing Legal Code
The Great Qing Legal Code (or Great Ching Legal Code), also known as the Qing Code (Ching Code) or, in Hong Kong law, as the ''Ta Tsing Leu Lee'' (大清律例), was the legal code of the Qing empire (1644–1912). The code was based on the Ming legal code, the Great Ming Code, which was kept largely intact. Compared to the Ming code which had no more than several hundred statutes and sub-statutes, the Qing code contained 1,907 statutes from over 30 times of revisions between 1644 and 1912. One of the first of these revisions was in 1660, completed by Wei Zhouzuo and Bahana. The Qing code was the last legal code of imperial China. By the end of Qing dynasty, it had been the only legal code enforced in China for nearly 270 years. Even with the fall of imperial Qing in 1912, the Confucian philosophy of social control enshrined in the Qing code remain influential in the German-based system of the Republic of China, and later, the Soviet-based system of the People's Republic of China ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Nanking
The Treaty of Nanjing was the peace treaty which ended the First Opium War (1839–1842) between Great Britain and the Qing dynasty of China on 29 August 1842. It was the first of what the Chinese later termed the Unequal Treaties. In the wake of China's military defeat, with British warships poised to attack Nanjing, British and Chinese officials negotiated on board HMS ''Cornwallis'' anchored in the Yangtze at the city. On 29 August, British representative Sir Henry Pottinger and Qing representatives Qiying, Yilibu, and Niu Jian signed the treaty, which consisted of thirteen articles. The treaty was ratified by the Daoguang Emperor on 27 October and Queen Victoria on 28 December. Ratification was exchanged in Hong Kong on 26 June 1843. The treaty required the Chinese to pay an indemnity, to cede the Island of Hong Kong to the British as a colony, to essentially end the Canton system that had limited trade to that port and allow trade at Five Treaty Ports. It was foll ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qing Dynasty
The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speaking ethnic group who unified other Jurchen tribes to form a new "Manchu" ethnic identity. The dynasty was officially proclaimed in 1636 in Manchuria (modern-day Northeast China and Outer Manchuria). It seized control of Beijing in 1644, then later expanded its rule over the whole of China proper and Taiwan, and finally expanded into Inner Asia. The dynasty lasted until 1912 when it was overthrown in the Xinhai Revolution. In orthodox Chinese historiography, the Qing dynasty was preceded by the Ming dynasty and succeeded by the Republic of China. The multiethnic Qing dynasty lasted for almost three centuries and assembled the territorial base for modern China. It was the largest imperial dynasty in the history of China and in 1790 the f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Territories
The New Territories is one of the three main regions of Hong Kong, alongside Hong Kong Island and the Kowloon Peninsula. It makes up 86.2% of Hong Kong's territory, and contains around half of the population of Hong Kong. Historically, it is the region described in the Convention for the Extension of Hong Kong Territory. According to that treaty, the territories comprise the mainland area north of Boundary Street on the Kowloon Peninsula and south of the Sham Chun River (which is the border between Hong Kong and Mainland China), as well as over 200 outlying islands, including Lantau Island, Lamma Island, Cheung Chau, and Peng Chau in the territory of HK. Later, after New Kowloon was defined from the area between the Boundary Street and the Kowloon Ranges spanned from Lai Chi Kok to Lei Yue Mun, and the extension of the urban areas of Kowloon, New Kowloon was gradually urbanised and absorbed into Kowloon. The New Territories now comprises only the mainland north of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Saskatchewan Act
''The Saskatchewan Act'', S. C. 1905, c. 42. (the ''Act'') is an Act of the Parliament of Canada which established the new province of Saskatchewan, effective September 1, 1905. Its long title is ''An Act to establish and provide for the government of the Province of Saskatchewan''. The ''Act'' received royal assent on July 20, 1905. The ''Saskatchewan Act'' is part of the Constitution of Canada. Creation From 1870 to 1905, the region which is now Saskatchewan was part of the North-West Territories, established by the Parliament of Canada. As the population of the North-West Territories increased, its government evolved from an appointed lieutenant governor in 1876, to responsible government in 1897, to near full provincial powers, with the exception of direct taxation by 1901. However, with the Government of Canada failing to cover the full expenses of the territories, Premier Frederick Haultain requested provincial status for a large swathe of the territories. The initial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alberta Act
The ''Alberta Act'' (french: Loi sur l'Alberta), effective September 1, 1905, was the act of the Parliament of Canada that created the province of Alberta. The ''Act'' is similar in nature to the ''Saskatchewan Act'', which established the province of Saskatchewan at the same time. Like the ''Saskatchewan Act'', the ''Alberta Act'' was controversial because (sec. 21) it allowed the Government of Canada to maintain control of all of Alberta's natural resources and public lands. Alberta did not win control of these resources until the passage of the ''Natural Resources Acts'' in 1930. The ''Alberta Act'' defined the boundaries for the electoral districts of the first Alberta general election in 1905. The ''Alberta Act'' is part of the ''Constitution of Canada''. See also * ''Saskatchewan Act ''The Saskatchewan Act'', S. C. 1905, c. 42. (the ''Act'') is an Act of the Parliament of Canada which established the new province of Saskatchewan, effective September 1, 1905. I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hudson's Bay Company
The Hudson's Bay Company (HBC; french: Compagnie de la Baie d'Hudson) is a Canadian retail business group. A fur trading business for much of its existence, HBC now owns and operates retail stores in Canada. The company's namesake business division is Hudson's Bay, commonly referred to as The Bay ( in French). After incorporation by English royal charter in 1670, the company functioned as the ''de facto'' government in parts of North America for nearly 200 years until the HBC sold the land it owned (the entire Hudson Bay drainage basin, known as Rupert's Land) to Canada in 1869 as part of the Deed of Surrender, authorized by the Rupert's Land Act 1868. At its peak, the company controlled the fur trade throughout much of the English- and later British-controlled North America. By the mid-19th century, the company evolved into a mercantile business selling a wide variety of products from furs to fine homeware in a small number of sales shops (as opposed to trading posts) acros ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North-Western Territory
The North-Western Territory was a region of British North America extant until 1870 and named for where it lay in relation to Rupert's Land. Due to the lack of development, exploration, and cartographic limits of the time, the exact boundaries, ownership, and administration of the region were not precisely defined when the territory was extant. There is also not a definitive date when the British first asserted sovereignty over the territory. Maps vary in defining the boundaries of the territory; however, in modern usage, the region is generally accepted to be the region bounded by modern-day British Columbia, the continental divide with Rupert's Land, Russian America (later Alaska), and the Arctic Ocean. The territory covered what is now the Yukon, mainland Northwest Territories, northwestern mainland Nunavut, northwestern Saskatchewan, and northern Alberta. Northern modern-day British Columbia is sometimes also considered to have been part of the territory as well. The North ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rupert's Land
Rupert's Land (french: Terre de Rupert), or Prince Rupert's Land (french: Terre du Prince Rupert, link=no), was a territory in British North America which comprised the Hudson Bay drainage basin; this was further extended from Rupert's Land to the Pacific coast in December 1821. It was established to be a commercial monopoly by the Hudson's Bay Company (HBC), based at York Factory. The territory operated for 200 years from 1670 to 1870. Its namesake was Prince Rupert of the Rhine, who was a nephew of Charles I and the first governor of HBC. The areas formerly belonging to Rupert's Land lie mostly within what is today Canada, and included the whole of Manitoba, most of Saskatchewan, southern Alberta, southern Nunavut, and northern parts of Ontario and Quebec. Additionally, it also extended into areas that would eventually become part of Minnesota, North Dakota, and Montana. The southern border west of Lake of the Woods to the Rocky Mountains was the drainage divide between ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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