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'.
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 The exequatur may be withdrawn, but in practice, where a consul is obnoxious, an opportunity is afforded to his government to recall him.
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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 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.
Jurisdiction is the practical authority granted to a legal body to administer justice, as defined by the kind of case, and the location of the issue. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
The Roman Curia comprises the administrative institutions of the Holy See and the central body through which the affairs of the Catholic Church are conducted. It acts in the Pope's name and with his authority for the good and for the service of the particular churches and provides the central organization for the church to advance its objectives.
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.
Extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations.
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. The position of President was created in 1839. From 1821 until 1839, the head of state of Guatemala was styled simply as Head of State.
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, two authorities may override the Puerto Rico Constitution: the U.S. Constitution due to the Supremacy Clause, and relevant federal legislation due to the Territorial Clause.
The Supreme Court of Puerto Rico 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 and is 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 nature forms the judicial branch of the government of Puerto Rico. The Supreme Court holds its sessions in San Juan.
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 in its primary sense does not signify jurisdiction over ecclesiastics, but jurisdiction exercised by church leaders over other leaders and over the laity.
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 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.
Puerto Rican citizenship is the status of having citizenship of Puerto Rico as a concept distinct from having citizenship of the United States. Such a citizenship was first legislated 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, in addition to, U. S. citizenship. It may also grant Spanish citizenship to Puerto Ricans on the basis of their Puerto Rican citizenship.
The Popular Democratic Party is a political party in Puerto Rico that advocates to continue as a Commonwealth of the United States with self-government. 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.
Same-sex marriage in Puerto Rico, which is an unincorporated territory of the United States, has been legal since July 13, 2015, as a result of the U.S. Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, which held bans on same-sex marriage unconstitutional. Same-sex couples could begin applying for marriage licenses on July 13, 2015. On July 17, 2015, same-sex couples began marrying in the territory.
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.
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 Italian parliament, 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 Roman Pontiff, 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.