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Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
Equity is a particular body of law that was developed in the English Court of Chancery. It exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (epieikeia) and with Roman law (aequitas). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law.
Jacqueline Lee Kennedy Onassis was an American socialite, writer, photographer, and book editor who served as first lady of the United States from 1961 to 1963, as the wife of President John F. Kennedy. A popular first lady, she endeared the American public with her fashion sense, devotion to her family, and dedication to the historic preservation of the White House. During her lifetime, she was regarded as an international fashion icon.
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus...".
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and Certiorari are common types of writ, but many forms exist and have existed.
A writ of assistance is a written order issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". Most often, a writ of assistance is "used to enforce an order for the possession of lands". When used to evict someone from real property, such a writ is also called a writ of restitution or a writ of possession. In the area of customs, writs of assistance were a product of enactments of the British Parliament beginning with the Customs Act of 1660 though the first mention of the phrase was in the follow-up Customs Act of 1662. The writs of assistance were issued by the Court of Exchequer to help customs officials search for smuggled goods. These writs were called "writs of assistance" because they called upon sheriffs, other officials, and loyal subjects to "assist" the customs official in carrying out his duties.
Complicit absolution is an offense in Roman Catholic canon law consisting of the absolution of a party complicit with the absolving priest in an offense. Because it constitutes the abuse of a sacrament, it is held to be sacrilege.
Replevin or claim and delivery is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.
Seisin denotes the legal possession of a feudal fiefdom or fee, that is to say an estate in land. It was used in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is effectively a term concerned with conveyancing in the feudal era. The person holding such estate is said to be "seized of it", a phrase which commonly appears in inquisitions post mortem. The monarch alone "held" all the land of England by his allodial right and all his subjects were merely his tenants under various contracts of feudal tenure.
Coram non judice, Latin for "not before a judge", is a legal term typically used to indicate a legal proceeding that is outside the presence of a judge, with improper venue, or without jurisdiction. Any indictment or sentence passed by a court which has no authority to try an accused of that offence, is clearly in violation of the law and would be coram non judice and a nullity. The exception non sui juris, "not of one's own right", is available at any time, including after judgment (Bracton).
De contumace capiendo is a writ issued out of the Court of Chancery for the arrest of a defendant who is in contempt of an ecclesiastical court. It was created when Parliament intervened in 1813 to strip the Church of the power to excommunicate for contempt by writ de excommunicato capiendo.
Feigned action is an action brought on a pretended right, when the plaintiff has no true cause of action, for some illegal purpose. In a feigned action the words of the writ are true; it differs from false action, in which case the words of the writ are false.
Retorsion, a term used in international law, is an act perpetrated by one nation upon another in retaliation for a similar act perpetrated by the other nation. A typical example of retorsion is the use of comparably severe measures against citizens of the foreign nation found within the borders of the retaliating nation after the foreign nation has engaged in similar acts. It is different from a reprisal in that the retorsion is always an action in conformity with international law, though unmistakably an unfriendly one. Examples include international trade, where disputes within the World Trade Organization are typically tackled in this manner, if dispute settlement does not reach its goal.
In the canon law of the Catholic Church, excommunication, the principal and severest censure, is a penalty that excludes the guilty Catholic of all participation in church life. Being a penalty, it presupposes guilt and being the most serious penalty that the Catholic Church can nowadays inflict, it supposes a grave offense. The excommunicated person is basically considered as an exile from the Church, for a time at least, in the sight of ecclesiastical authority.
The Writ De Excommunicato Capiendo Act 1562 was an Act of the Parliament of England.
A putative father, with some variation in specific language, generally means a man whose legal relationship to a child has not been established but who is alleged to be or claims that he may be the biological father of a child who is born to a woman to whom he is not married at the time of the child's birth.
Warrantia chartae is an ancient and now obsolete writ, which was issued when a man was enfeoffed of land with warranty, and then he was sued or impleaded in assize or other action, in which he could not vouch or call to warranty. It was brought by the feoffor pending the first suit against him, and had this valuable incident, that when the warrantor was vouched, and judgment passed against the tenant, the latter obtained judgment simultaneously against the warrantor, to recover other lands of equal value.
A writ which lies for the tenants of ancient demesne who hold by free charter, and not for those tenants who hold by copy of court roll, or by the rod, according to the custom of the manor.
Curia claudenda is an old English writ, used to compel a party to enclose his land.
Massachusetts House of Representatives' 3rd Berkshire district in the United States is one of 160 legislative districts included in the lower house of the Massachusetts General Court. It covers part of Pittsfield in Berkshire County. Democrat Tricia Farley-Bouvier of Pittsfield has represented the district since 2011.
References
- ↑ "Significavit". Merriam-Webster. Retrieved 22 November 2021.
- ↑ Bouvier, John; Rawle, Francis (1897). Bouvier's Law Dictionary. Boston: Boston Book Company.
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