An exequatur (Latin, literally "let it execute") is a legal document issued by a sovereign authority that permits the exercise or enforcement of a right within the jurisdiction of the authority.
An exequatur (Latin, literally "let it execute") is a legal document issued by a sovereign authority that permits the exercise or enforcement of a right within the jurisdiction of the authority.
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. An exequatur may be withdrawn, which necessitates a consul's recall. [1]
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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 decrees 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.
Some dissidents[ who? ] in the church claim 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 had been 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. [2]
In Brazilian, Romanian, French, Luxembourgian, Italian (via the Court of Appeal), Mexican, and Spanish laws, an exequatur is a judgment of a tribunal 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.[ citation needed ]
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. [3]
Jurisdiction is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels.
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 located primarily in North America, composed of 50 states, five major self-governing territories, several island possessions, and the federal district and national capital of Washington, D.C., where most of the federal government is based.
The president of Guatemala, officially titled President of the Republic of Guatemala, is the head of state and head of government of Guatemala, elected to a single four-year term. The position of President was created in 1839.
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. It was ratified by Puerto Rico's electorate in a referendum on March 3, 1952, and on July 25, 1952, Governor Luis Muñoz Marín proclaimed that the constitution was in effect. July 25 is known as Constitution Day.
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many cases, the word tribunal implies a judicial body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges nor magistrates. Private judicial bodies are also often styled "tribunals." The word tribunal, however, is not conclusive of a body's function—for example, in Great Britain, the Employment Appeal Tribunal is a superior court of record.
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.
Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under federal laws, including questions about the constitutionality of such laws. Such tribunals 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 Supreme Court of the United States.
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 signifies jurisdiction by church leaders over other church leaders and over the laity.
The judicial system of Egypt is an independent branch of the Egyptian government which includes both secular and religious courts.
Within the Catholic Church, an ecclesiastical judge is an ecclesiastical person who possesses ecclesiastical jurisdiction either in general or in the strict sense. The judge presides over all baptized persons within their jurisdiction.
The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, 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, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.
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 Catholic matters, independent of the Holy See.
The Popular Democratic Party is a political party in Puerto Rico that advocates to continue as a Commonwealth of the United States with self-governance. The party was founded in 1938 by dissidents from the Puerto Rican Liberal Party and the Unionist Party and originally promoted policies on the center-left. In recent years, however, its leaders have described the party as centrist.
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.
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 of Honduras or, in their absence, by one of the three vice-presidents. The judicial branch is composed of a supreme court, a court of appeals and other courts specified by the law.
The Law of Guarantees, sometimes also called the Law of Papal Guarantees, was the name given to the law passed by the senate and chamber of the Parliament of the Kingdom of Italy, 13 May 1871, concerning the prerogatives of the Holy See, and the relations between state and church in the Kingdom of Italy. It guaranteed sovereign prerogatives to the pope, who had been deprived of the territory of the Papal States. The popes refused to accept the law, as it was enacted by a foreign government and could therefore be revoked at will, leaving the popes without a full claim to sovereign status. In response, the popes declared themselves prisoners of the Vatican. The ensuing Roman Question was not resolved until the Lateran Pacts of 1929.
Justicia mayor was a title bestowed upon a person in 19th century Spanish Empire which authorized him to perform law enforcement and judicial functions within a town, city of region. It is similar to the position of sheriff in some jurisdictions.
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