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The judiciary is the system of courts that adjudicates legal disputes and interprets and applies law in legal cases.
Analogy is a cognitive process of transferring information or meaning from a particular subject to another, or a linguistic expression corresponding to such a process. In a narrower sense, analogy is an inference or an argument from one particular to another particular, as opposed to deduction, induction, and abduction, in which at least one of the premises, or the conclusion, is general rather than particular in nature. The term analogy can also refer to the relation between the source and the target themselves, which is often a similarity, as in the biological notion of analogy.
The Official Journal of the European Union is the official gazette of record for the European Union (EU). It is published every working day in all of the official languages of the member states of the EU, except generally Irish. Only legal acts published in the Official Journal are binding.
Sui iuris, also spelled as sui juris, is a Latin phrase that literally means "of one's own right". It is used in both civil law and canon law by the Catholic Church. The term church sui iuris is used in the Catholic Code of Canons of the Eastern Churches (CCEO) to denote the autonomous churches in Catholic communion:
A church sui iuris is "a community of the Christian faithful, which is joined together by a hierarchy according to the norm of law and which is expressly or tacitly recognized as sui iuris by the supreme authority of the Church" (CCEO.27). The term sui iuris is an innovation of the CCEO, and it denotes the relative autonomy of the oriental Catholic Churches. This canonical term, pregnant with many juridical nuances, indicates the God-given mission of the Oriental Catholic Churches to keep up their patrimonial autonomous nature. And the autonomy of these churches is relative in the sense that it is under the supreme authority of the Roman Pontiff.
Both in common law and in civil law, a rebuttable presumption is an assumption made by a court that is taken to be true unless someone comes forward to contest it and prove otherwise. For example, a defendant in a criminal case is presumed innocent until proved guilty. A rebuttable presumption is often associated with prima facie evidence.
A conclusive presumption, also known as an irrebuttable presumption, is a type of presumption used in several legal systems.
The Code of Canons of the Eastern Churches is the title of the 1990 codification of the common portions of the Canon Law for the 23 Eastern Catholic churches in the Catholic Church. It is divided into 30 titles and has a total of 1546 canons. The western Latin Church is governed by its own particular code of canons, the 1983 Codex Iuris Canonici.
Lex specialis, in legal theory and practice, is a doctrine relating to the interpretation of laws and can apply in both domestic and international law contexts. The doctrine states that if two laws govern the same factual situation, a law governing a specific subject matter overrides a law governing only general matters. The situation ordinarily arises with regard to the construction of earlier-enacted specific legislation when more general legislation is later passed. However, then, the doctrine called "lex posterior derogat legi priori" may also apply, the younger law overriding the older law.
The Attorney General of Wisconsin is a constitutional officer in the executive branch of the government of the U.S. state of Wisconsin. Forty-five individuals have held the office of Attorney General since statehood. The incumbent is Josh Kaul, a Democrat.
The canon law of the Catholic Church is the system of laws and 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 Oriental canon law govern the 23 Eastern Catholic particular churches sui iuris.
Regulæ Juris, also spelled Regulae - and - Iuris is a generic term for general rules or principles of the interpretation of canon laws of the Catholic Church. While they no longer have binding force of law since the 1917 Code of Canon Law abrogated them, they remain good principles of law used in interpreting canon law.
Regarding the canon law of the Catholic Church, canonists provide and obey rules for the interpretation and acceptation of words, in order that legislation is correctly understood and the extent of its obligation is determined.
Ignorantia juris non excusat or ignorantia legis neminem excusat is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.
Vacatio legis is a technical term in both Catholic canon law and civil law which refers to the period between the promulgation of a law and the time the law takes legal effect.
The marriage age in the United States is set by each state and territory, either by statute or the common law applies. An individual can marry in the United States as of right, without parental consent or other authorization, on reaching 18 years of age in all states except in Nebraska, where the general marriage age is 19, and Mississippi where the general marriage age is 21. In Puerto Rico the general marriage age is also 21. In all these jurisdictions, these are also the ages of majority. In Alabama, however, the age of majority is 19, while the general marriage age is 18. When at least one of the marriage partners is under 18, the marriage is considered a child or underage marriage, and requires “exceptional circumstances” to be permitted. This may be parental consent or judicial authorization, and there may be other requirements. In many states, a child's marriage automatically emancipates the minor, or increases his or her legal rights beyond allowing the minor to consent to certain medical treatments.
Cannabis in Georgia is illegal for recreational use, but decriminalized in the cities of Atlanta, Savannah, and a few others. Limited medical use is allowed in the form of cannabis oil containing less than 5% THC.
Promulgation in the canon law of the Catholic Church is the publication of a law by which it is made known publicly, and is required by canon law for the law to obtain legal effect. Universal laws are promulgated when they are published in Acta Apostolicae Sedis, and unless specified to the contrary, obtain legal force three months after promulgation. Particular laws are promulgated in various ways but by default take effect one month after promulgation.
A decree is, in a general sense, an order or law made by a superior authority for the direction of others. In the usage of the canon law of the Catholic Church, it has various meanings. Any papal Bull, Brief, or Motu Proprio is a decree inasmuch as these documents are legislative acts of the Pope. In this sense the term is quite ancient. The Roman Congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction, but were forbidden from continuing to do so under Pope Benedict XV in 1917. Each ecclesiastical province, and also each diocese may issue decrees in their periodical synods within their sphere of authority.
Analogia legis is the concept that legal consequences arise from the wording of statutes. It can be contrasted with analogia iuris, whereby legal consequences derive from the spirit of the law as is often the case in continental European law.
References
- ↑ Damele, Giovanni (2014). Ribeiro, Henrique Jales (ed.). "Analogia Legis and Analogia Iuris: An Overview from a Rhetorical Perspective". Argumentation Library. Cham: Springer International Publishing: 243–256. doi:10.1007/978-3-319-06334-8_14. ISBN 978-3-319-06334-8.Cite journal requires
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