Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties may be suspended for as long as martial law continues. Most often, martial law is declared in times of war or emergencies such as civil unrest and natural disasters. Alternatively, martial law may be declared in instances of military coups d'état.
Earl of Lucan is a title which has been created twice in the Peerage of Ireland for related families.
A legal fiction is a construct used in the law where a thing is taken to be true, which is not in fact true, in order to achieve an outcome. Legal fictions can be employed by the courts or found in legislation.
An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so anyone was legally empowered to persecute or kill them. Outlawry was thus one of the harshest penalties in the legal system. In early Germanic law, the death penalty is conspicuously absent, and outlawing is the most extreme punishment, presumably amounting to a death sentence in practice. The concept is known from Roman law, as the status of homo sacer, and persisted throughout the Middle Ages.
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact. If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.
An enforced disappearance is the secret abduction or imprisonment of a person with the support or acquiescence of a state followed by a refusal to acknowledge the person's fate or whereabouts with the intent of placing the victim outside the protection of the law. Often, forced disappearance implies murder whereby a victim is abducted, may be illegally detained, and is often tortured during interrogation, ultimately killed, and the body disposed of secretly. The party committing the murder has plausible deniability as there is no evidence of the victim's death.
A missing person is a person who has disappeared and whose status as alive or dead cannot be confirmed as their location and condition are unknown. A person may go missing through a voluntary disappearance, or else due to an accident, crime, or death in a location where they cannot be found, or many other reasons. In most parts of the world, a missing person will usually be found quickly. Criminal abductions are some of the most widely reported missing person cases.
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable presumptions. A rebuttable presumption will either shift the burden of production or the burden of proof ; in short, a fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies.
Iraena Te Rama Awhina Asher was an Auckland trainee teacher and model who disappeared under controversial circumstances at Piha, a West Auckland beach, on 11 October 2004.
Ylenia Maria Sole Carrisi was the eldest daughter of Italian singers and actors Albano Carrisi and Romina Power. She disappeared under mysterious circumstances while visiting New Orleans, Louisiana, in January 1994. Carrisi, upon her father's request, was declared presumed dead in December 2014.
Ray Frank Gricar was an American lawyer who served as the district attorney of Centre County, Pennsylvania, from 1985 until 2005. On April 15, 2005, Gricar went missing under mysterious circumstances and has not been heard from since. After he had been missing for six years with no trace of his whereabouts, Centre County authorities declared Gricar legally dead on July 25, 2011.
The Coroner's Court of the Australian Capital Territory is a court which has exclusive jurisdiction over the remains of a person and the power to make findings in respect of the cause of death of a person or fire in Australian Capital Territory.
Anthony John Jones was an Australian man who disappeared while backpacking in North Queensland in November 1982. The case garnered substantial media attention, with critics charging that police mishandled the investigation into Jones' disappearance.
Jaidyn Raymond Leskie was the Australian child of Bilynda Murphy and Brett Leskie, murdered in 1997. Leskie is believed to have died of head injuries. Despite intense public interest, several leads, and the arrest and trial of a prime suspect, Leskie's murder remains unsolved. Although the decision was made in 2002 not to hold an inquest into the toddler's death, the case remained in the news for several more years. An inquest was later held in 2006, implicating the mother's boyfriend, Greg Domaszewicz, who at the time of the kidnapping was babysitting the boy at his house at Newborough. The exact circumstances of Leskie's disappearance and death were never clear, and were complicated by vandalism at the house on the evening of the toddler's disappearance; several false tips and pranks about the boy's fate; and the body not being discovered until six months later.
The law of persons in South Africa regulates the birth, private-law status and the death of a natural person. It determines the requirements and qualifications for legal subjectivity in South Africa, and the rights and responsibilities that attach to it.
The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons may have in a deceased's estate. It forms part of private law.
Karl-Erivan Haub was an American-born German-Russian billionaire businessman. He was managing director and part owner of Tengelmann Group. He disappeared while mountaineering on April 7, 2018, and was legally declared dead by a German court in May 2021.
Legal death is the recognition under the law of a particular jurisdiction that a person is no longer alive. In most cases, a doctor's declaration of death or the identification of a corpse is a legal requirement for such recognition. A person who has been missing for a sufficiently long period of time may be presumed or declared legally dead, usually by a court. When a death has been registered in a civil registry, a death certificate may be issued. Such death certificate may be required in a number of legal situations, such as applying for probate, claiming some benefits, or making an insurance claim.
Recognition is the process in some jurisdictions whereby a man is recognised as the father of a child in situations of no presumption of paternity, generally because the mother is unwed. Historically, the Roman law principle of mater semper certa est causes the action was not available to mothers, but the introduction of in-vitro fertilisation has changed that to change. Recognition is an act that confers legitimacy on the child.
Marion Barter was an Australian missing person, teacher and mother-of-two, who disappeared on Sunday 22 June 1997 from Southport, Queensland. She was dropped off at a bus stop in Southport, Queensland to go to the airport for a planned, long-term vacation in England. She has not been seen since.
