An exequatur is a legal document issued by a sovereign authority that permits the exercise or enforcement of a right within the jurisdiction of the authority. The word is a form of the Latin verb "exequi", which denotes "let it be executed".
Jurisdiction is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels; e.g. the court has jurisdiction to apply federal law.
Latin is a classical language belonging to the Italic branch of the Indo-European languages. The Latin alphabet is derived from the Etruscan and Greek alphabets and ultimately from the Phoenician alphabet.
An exequatur is a patent which a head of state issues to a foreign consul, guaranteeing the consul's rights and privileges of office and ensuring recognition in the state to which the consul is appointed to exercise such powers. If a consul is not appointed by commission, the consul receives no exequatur; the government will usually provide some other means to recognize the consul. The exequatur may be withdrawn, but in practice, where a consul is obnoxious, an opportunity is afforded to his government to recall him.
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch, president, or other head of state, generally granting an office, right, monopoly, title, or status to a person or corporation. Letters patent can be used for the creation of corporations or government offices, or for the granting of city status or a coat of arms. Letters patent are issued for the appointment of representatives of the Crown, such as governors and governors-general of Commonwealth realms, as well as appointing a Royal Commission. In the United Kingdom they are also issued for the creation of peers of the realm. A particular form of letters patent has evolved into the modern patent granting exclusive rights in an invention. In this case it is essential that the written grant should be in the form of a public document so other inventors can consult it to avoid infringement and also to understand how to "practice" the invention, i.e., put it into practical use. In the Holy Roman Empire, Austrian Empire and Austria-Hungary, imperial patent was also the highest form of generally binding legal regulations, e. g. Patent of Toleration, Serfdom Patent etc.
A head of state is the public persona who officially represents the national unity and legitimacy of a sovereign state. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government. In a parliamentary system the head of state is the de jure leader of the nation, and there is a separate de facto leader, often with the title of prime minister. In contrast, a semi-presidential system has both heads of state and government as the leaders de facto of the nation.
A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the people of the two countries.
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An exequatur is a legal instrument issued by secular authorities in Roman Catholic nations to guarantee the legal force of Papal doctrines within the jurisdiction of the secular authority. This custom began during the Western Schism, when the legitimately elected Supreme Pontiff permitted secular leaders to verify the authenticity of Papal decrees before enforcing them.
The Western Schism, also called Papal Schism, Great Occidental Schism and Schism of 1378, was a split within the Catholic Church lasting from 1378 to 1417 in which two, by 1410 three, men simultaneously claimed to be the true pope, each excommunicated one another. Driven by politics rather than any theological disagreement, the schism was ended by the Council of Constance (1414–1418). For a time these rival claims to the papal throne damaged the reputation of the office.
Some dissidents in the Church claim, however, that the custom arose as an implication of the nature of secular authority over the Church and that such a state privilege to verify Papal doctrine was exercised since the early days of the Church. However, Church doctrine denies that any permission from secular authority is necessary for Papal decrees to be legally effective, even though secular authorities sometimes do not enforce them.
In Brazilian, French, Luxembourg, Italian, Mexican, and Spanish law, an exequatur is a judgment of a tribunal (in the case of Italy, the Court of Appeal) that a decision issued by a foreign tribunal is to be executed in the jurisdiction of the former, thereby granting authority to the decision of the foreign tribunal as if it issued from the native tribunal.
In Puerto Rico, an exequatur is a document that validates a court order of a United States civil court as if a court of the Commonwealth of Puerto Rico issued it.
Puerto Rico, officially the Commonwealth of Puerto Rico and briefly called Porto Rico, is an unincorporated territory of the United States located in the northeast Caribbean Sea, approximately 1,000 miles (1,600 km) southeast of Miami, Florida.
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized.
The United States of America (USA), commonly known as the United States or America, is a country comprising 50 states, a federal district, five major self-governing territories, and various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is slightly smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U.S. is the third most populous country. The capital is Washington, D.C., and the most populous city is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico. The State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean. The U.S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The extremely diverse geography, climate, and wildlife of the United States make it one of the world's 17 megadiverse countries.
Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands.
The federal government of the United States is the national government of the United States, a federal republic in North America, composed of 50 states, a federal district, five major self-governing territories, and several island possessions. The federal government is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president, and the federal courts, respectively. The powers and duties of these branches are further defined by acts of congress, including the creation of executive departments and courts inferior to the Supreme Court.
The President of Guatemala officially known as the President of the Republic of Guatemala, is the head of state and head of government of Guatemala, elected to a single four-year term.
Crimen sollicitationis is the title of a 1962 document ("instruction") of the Holy Office codifying procedures to be followed in cases of priests or bishops of the Catholic Church accused of having used the sacrament of Penance to make sexual advances to penitents. It repeated, with additions, the contents of an identically named instruction issued in 1922 by the same office.
The Constitution of the Commonwealth of Puerto Rico is the controlling government document of Puerto Rico. It is composed of nine articles detailing the structure of the government as well as the function of several of its institutions. The document also contains an extensive and specific bill of rights. Since Puerto Rico is a commonwealth of the United States, the Puerto Rico Constitution is bound to adhere to the postulates of the U.S. Constitution due to the Supremacy Clause, and of relevant Federal legislation due to the Territorial Clause.
The Supreme Court of Puerto Rico —Spanish: Tribunal Supremo de Puerto Rico (TSPR)— is the highest court of Puerto Rico, having judicial authority to interpret and decide questions of Puerto Rican law. The Court is analogous to one of the state supreme courts of the states of the United States; being the Supreme Court of Puerto Rico the highest state court and the court of last resort in Puerto Rico. Article V of the Constitution of Puerto Rico vests the judicial power in the Supreme Court—which by its nature forms the judicial branch of the government of Puerto Rico. The Supreme Court holds its sessions in San Juan.
Downes v. Bidwell, 182 U.S. 244 (1901), was a case in which the US Supreme Court decided whether US territories were subject to the provisions and protections of the US Constitution. This issue is sometimes stated as whether the Constitution follows the flag. The resulting decision narrowly held that the Constitution did not necessarily apply to territories. Instead, the US Congress had jurisdiction to create law within territories in certain circumstances, particularly in those dealing with revenue, which would not be allowed by the Constitution for proper states within the Union. It has become known as one of the "Insular Cases".
The Constitution of Colombia, better known as the Constitution of 1991, is the current governing document of the Republic of Colombia. Promulgated on July 4, 1991, it replaced the Constitution of 1886. It is Colombia's ninth constitution since 1830. See a timeline of all previous constitutions and amendments here. It has recently been called the Constitution of Rights.
Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of deciding the constitutionality of federal laws and for resolving other disputes about federal laws. They include both Article III tribunals as well as adjudicative entities which are classified as Article I or Article IV tribunals. Some of the latter entities are also formally denominated as courts, but they do not enjoy certain protections afforded to Article III courts. These tribunals are described in reference to the article of the United States Constitution from which the tribunal's authority stems. The use of the term "tribunal" in this context as a blanket term to encompass both courts and other adjudicative entities comes from section 8 of Article I of the Constitution, which expressly grants Congress the power to constitute tribunals inferior to the U.S. Supreme Court.
The United States territorial courts are tribunals established in territories of the United States by the United States Congress, pursuant to its power under Article Four of the United States Constitution, the Territorial Clause. Most United States territorial courts are defunct because the territories under their jurisdiction have become states or been retroceded.
Ecclesiastical jurisdiction in its primary sense does not signify jurisdiction over ecclesiastics, but jurisdiction exercised by church leaders over other leaders and over the laity.
The Royal Decree of Graces of 1815 is a legal order approved by the Spanish Crown in the early half of the 19th century to encourage Spaniards and, later, Europeans of non-Spanish origin, to settle in and populate the colony of Puerto Rico.
An ecclesiastical judge is an ecclesiastical person who possesses ecclesiastical jurisdiction either in general or in the strict sense. Up until 1858 when Ecclesiastical courts were abolished, ecclesiastical judges tried church clergy men in church courts or Ecclesiastical courts. Charges dealt in these courts were often very lenient, especially when dealt to church clergymen.
The Supreme Court (TS) is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, although due to the existence of a Constitutional Court, this power is limited to norms with lower rank than the law and only to norms passed by nation-wide administrations.
The monarchia Sicula was a historical but unduly inflated right exercised from the beginning of the sixteenth century by the secular authorities of Sicily, according to which they claimed final jurisdiction in religious matters, independent of the Holy See.
"Appeal as from an abuse" is a legal term applied in the canon law of the Roman Catholic Church, meaning originally a legal appeal as recourse to the civil forum (court) against the usurpation by the ecclesiastical forum of the rights of civil jurisdiction. It could mean a recourse to the ecclesiastical forum against the usurpation by the civil forum of the rights of ecclesiastical jurisdiction.
Puerto Rican citizenship was first legislated by the United States Congress in Article 7 of the Foraker Act of 1900 and later recognized in the Constitution of Puerto Rico. Puerto Rican citizenship existed before the U.S. takeover of the islands of Puerto Rico and continued afterwards. Its affirmative standing was also recognized before and after the creation of the Commonwealth of Puerto Rico in 1952. Puerto Rican citizenship was recognized by the United States Congress in the early twentieth century and continues unchanged after the creation of the Commonwealth of Puerto Rico. The United States government also continues to recognize a Puerto Rican nationality. Puerto Rican citizenship is also recognized by the Spanish Government, which recognizes Puerto Ricans as a people with Puerto Rican, and not American citizenship. It may also grant Spanish citizenship to Puerto Ricans on the basis of their Puerto Rican citizenship.
The Judiciary of Puerto Rico is defined under the Constitution of Puerto Rico and consists of the Supreme Court of Puerto Rico, Court of Appeals, and the Court of First Instance consisting of the Superior Courts and the Municipal Courts.
An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function. According to the doctrine of the separation of powers, one of the important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution. Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they preserve the powers of the executive and promote the finality of its acts and decisions.
The Republic of Honduras is organized according to Title I: On the State of the Honduran Constitution of 1982. According to Title V: Branches of the Government, the three administrative branches are the legislative, executive and judicial. The legislative branch is the Congress of Deputies, which is elected by direct vote. Executive power is held by the president or, in the event of their death, by the vice-president. The judicial branch is composed of a supreme court, a court of appeals and other courts specified by the law.