First Estate
We The People

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Executive Branch

Third Estate
Judicial Branch

Fourth Estate
Legislative Branch

An Educational Resource for
"Sovereign Souls
On The Dry Land"
brought to you by the
Texian First Estate

 

“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”  - Benjamin Franklin

“Still, if you will not fight for the right when you can easily win without bloodshed, if you will not fight when your victory will be sure and not so costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance for survival. There may be a worse case. You may have to fight when there is no chance of victory, because it is better to perish than to live as slaves.” – Winston Churchill - The Second World War

"All that is necessary for evil to succeed is that good men do nothing." - Edmund Burke

“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you.  May your chains set lightly upon you, and may posterity forget that ye were our countrymen.” - Samuel Adams, speech at the Philadelphia State House on August 1, 1776.

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He who knows not the words, knows not the art.

Wednesday
Nov162011

Abju're, v.t.  

ABJU'RE, v.t.  [L. abjuro, to deny upon oath, from ab and juro, to swear.]

                1.  To renounce upon oath; to abandon; as to abjure allegiance to a prince.

                2.  To renounce or reject with solemnity; to reject; as to abjure errors; abjure reason.

                3.  To recant or retract.

                4.  To banish.  [Not used.]

Wednesday
Nov162011

AD'MIRALTY, n.

AD'MIRALTY, n.  In Great Britain, the office of Lord High Admiral.  This office is discharged by one person, or by Commissioners, called Lords of the Admiralty; usually seven in number.

                The admiralty court, or court of admiralty, is the supreme court for the trial of maritime causes, held before the Lord High Admiral, or Lords of the admiralty.

                In general, a court of admiralty is a court for the trial of causes arising on the high seas, as prize causes and the like.  In the United States, there is no admiralty court, distinct from others; but the district courts, established in the several states by Congress, are invested with admiralty powers.

Wednesday
Nov162011

Assize

Assize - A court, usually but not always, consisting of twelve men, summoned together to try a disputed case. They performed the functions of jury, except the verdict was rendered from their own investigation and knowledge and not from upon evidence adduced.

Wednesday
Nov162011

Civil law, n. [from civil.]

Civil law, n. [from civil.]

In a general sense, the law of a state, city or country; but in an appropriate sense, the Roman Empire, comprised in the Institutes, Code and Digest of Justinian and the Novel Constitutions.

Wednesday
Nov162011

Civil year, n. [from civil.]

Civil year, n. [from civil.]

The legal year, or annual account of time which a government appoints to be used in its own
dominions, as distinguished from the natural year, which is measured by the revolution of the heavenly bodies.

Wednesday
Nov162011

CIVILIAN, n. [from civil.]

CIVILIAN, n. [from civil.]

                1.  One who is skilled in the Roman law; a professor or doctor of civil law.

                2.  In a more extended sense, one who is versed in law and government.

                3.  A student of the civil law at the university.

Wednesday
Nov162011

Common Law, n. [from common.]

Common Law, n. [from common.]

In Great Britain and the United States, the unwritten law, the law that receives its binding force from immemorial usage and universal reception, in distinction from the written or statute law.  That body of rules, principles and customs which have been received from our ancestors, and by which courts have been governed in their judicial decisions.  The evidence of this law is to be found in the reports of those decisions, and the records of the courts.  Some of these rules may have originated in edicts or statutes which are now lost, or in the terms and conditions of particular grants or charters; but it is most probable that many of them originated in judicial decisions founded on natural justice and equity, or on local customs.

 

Wednesday
Nov162011

COMMON, a.

COMMON, a.

                1.  Belonging equally to more than one, or to many indefinitely; as, life and sense are common to man and beast; the common privileges of citizens; the common wants of men.

                2.  Belonging to the public; having no separate owner.  The right to a highway is common.

                3.  General; serving for the use of all; as the common prayer.

                4.  Universal; belonging to all; as, the earth is said to be the common mother of mankind.

                5.  Public; general; frequent; as common report.

                6.  Usual; ordinary; as the common operations of nature; the common forms of conveyance; the common rules of civility.

                7.  Of no rank or superior excellence; ordinary.  Applied to men, it signifies, not noble, not distinguished by noble descent, or not distinguished by office, character or talents; as a common man; a common soldier.  Applied to things, it signifies, not distinguished by excellence or superiority; as a common essay; a common exertion.  It however is not generally equivalent to mean, which expresses something lower in rank or estimation.

                8.  Prostitute; lewd; as a common woman.

                9.  In grammar, such verbs as signify both action and passion, are called common; as aspernor, I despise or am despised; also, such nouns as are both masculine and feminine, as parens.

                10.  A common bud, in botany, is one that contains both leaves and flowers; a common peduncle, one that bears several flowers; a common perianth, one that incloses several distinct fructification; a common receptacle, one that connects several distinct fructification.

Thursday
Jan192012

Judicial

Judicial.  Belonging to the office of a judge; as judicial authority.

Thursday
Jan192012

Juridical

Juridical.  Pertaining to administration of justice.
    Regular; done in conformity to the laws of the country and the practice which is there observed.

Thursday
Jan192012

Juridical day

Juridical day.  Day on which court is in session.

Wednesday
Nov162011

LAW, n.

LAW, n.  [L. lex; from the root of lay.  See lay.  A law is that which is laid, set or fixed, like statute, constitution, from L. statuo.]

                1.  A rule, particularly an established or permanent rule, prescribed by the supreme power of a state to its subjects, for regulating their actions, particularly their social actions.  Laws are imperative or mandatory, commanding what shall be done; prohibitory, restraining from what is to be forborn; or permissive, declaring what may be done without incurring a penalty.  The laws which enjoin the duties of piety and morality, are prescribed by God and found in the Scriptures.

                Law is beneficence acting by rule.

                2.  Municipal law, is a rule of civil conduct prescribed by the supreme power of a state, commanding what its subjects are to do, and prohibiting what they are to forbear; a statute.

                Municipal or civil laws are established by the decrees, edicts or ordinances of absolute princes, as emperors and kings, or by the formal acts of the legislatures of free states.  Law therefore is sometimes equivalent to decree, edict, or ordinance.

                3.  Law of nature, is a rule of conduct arising out of the natural relations of human beings established by the Creator, and existing prior to any positive precept.  Thus it is a law of nature, that one man should not injure another, and murder and fraud would be crimes, independent of any prohibition from a supreme power.

                4.  Laws of animal nature, the inherent principles by which the economy and functions of animal bodies are performed, such as respiration, the circulation of the blood, digestion, nutrition, various secretions, &c.

                5.  Laws of vegetation, the principles by which plats are produced, and their growth carried on till they arrive to perfection.

                6.  Physical laws, or laws of nature.  The invariable tendency or determination of any species of matter to a particular form with definite properties, and the determination of a body to certain motions, changes, and relations, which uniformly take place in the same circumstances, is called a physical law.  These tendencies or determinations, whether called laws or affections of matter, have been established by the Creator, and are, with a peculiar felicity of expression, denominated in Scripture, ordinances of heaven.

                7.  Laws of nations, the rules that regulate the mutual intercourse of nations or states.  These rules depend on natural law, or the principles of justice which spring from the social state; or they are founded on customs, compacts, treaties, leagues and agreements between independent communities.

                By the law of nations, we are to understand that code of public instruction, which defines the rights and prescribes the duties of nations, in their intercourse with each other.

                8.  Moral law, a law which prescribes to men their religious and social duties, in other words, their duties to God and to each other.  The moral law is summarily contained in the decalogue or ten commandments, written by the finger of God on two tables of stone, and delivered to Moses on mount Sinai. 

Ex. 20.

                9.  Ecclesiastical law, a rule of action prescribed for the government of a church; otherwise called canon law.

                10.  Written law, a law or rule of action prescribed or enacted by a sovereign, and promulgated and recorded in writing; a written statute, ordinance, edict or decree.

                11.  Unwritten or common law, a rule of action which derives its authority from long usage, or established custom, which has been immemorially received and recognized by judicial tribunals.  As this law can be traced to no positive statutes, its rules or principles are to be found only in the records of courts, and in the reports of judicial decisions.

                12.  By-law, a law of a city, town or private corporation.  [See By.]

                13.  Mosaic law, the institutions of Moses, or the code of laws prescribed to the Jews, as distinguished from the gospel.

                14.  Ceremonial law, the Mosaic institutions which prescribe the external rites and ceremonies to be observed by the Jews, as distinct from the moral precepts, which are of perpetual obligation.

                15.  A rule of direction; a directory; as reason and natural conscience.

                These, having not the law, as a law to themselves.  Rom. 2.

                16.  That which governs or has a tendency to rule; that which has the power of controlling.

                But I see another law in my members warring against the law of my mind, and bringing me into captivity to the law of sin which is in my members.  Romans 7.

                17.  The word of God; the doctrines and precepts of God, or his revealed will.

                But his delight is in the law of the Lord, and in his law doth he meditate day and night.  Ps. 1.

                18.  The Old Testament.

                Is it not written in your law, I said, ye are gods? John 10.

                19.  The institutions of Moses, as distinct from the other parts of the Old Testament; as the law and the prophets.

                20.  A rule or axiom of science or art; settled principle; as the laws of versification or poetry.

                21.  Law martial, or martial law, the rules ordained for the government of an army or military force.

                22.  Marine laws, rules for the regulation of navigation, and the commercial intercourse of nations.

                23.  Commercial law, law-merchant, the system of rules by which trade and commercial intercourse are regulated between merchants.

                24.  Judicial process; prosecution of right in courts of law.

                Tom Touchy is a fellow famous for taking the law of every body.

                Hence the phrase, to go to law, to prosecute; to seek redress in a legal tribunal.

                25.  Jurisprudence; as in the title, Doctor of Laws.

                26.  In general, law is a rule of action prescribed for the government of rational beings or moral agents, to which rule they are bound to yield obedience, in default of which they are exposed to punishment; or law is a settled mode or course of action or operation in irrational beings and in inanimate bodies.

                Civil law, criminal law.  [See Civil and Criminal.]

                Laws of honor.  [See Honor.]

                Law language, the language used in legal writings and forms, particularly the Norman dialect or Old French, which was used in judicial proceedings from the days of William the conqueror to the 36th year of Edward III.

                Wager of law, a species of trial formerly used in England, in which the defendant gave security that he would, on a certain day, make his law, that is, he would make oath that he owed nothing to the plaintiff, and would produce eleven of his neighbors as compurgators, who should swear that they believed in their consciences that he had sworn the truth.

Saturday
Dec032011

Lex fori

Lex fori

From Wikipedia, the free encyclopedia

 

Lex fori (Latin for the laws of a forum) is a legal term used in the conflict of laws used to refer to the laws of the jurisdiction in which a legal action is brought.[1] When a court decides that it should, by reason of the principles of conflict of law, resolve a given legal dispute by reference to the laws of another jurisdiction, the lex causae, the lex fori still govern procedural matters.[2]

 

  1. ^ "Lex fori". getlegal.com. Retrieved 8 February. 
  2. ^ Collins, Lawrence (2000). Dicey and Morris on the Conflicts of Laws (13th ed.). London: Sweet & Maxwell. p. 157.

Lex Fori refers to the law of the forum, which means the law that the Court naturally applies (e.g. Greek court would apply Greek law)

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Lex fori

   Also found in: Wikipedia 0.01 sec.

[Latin, The law of the forum, or court.] The positive law of the state, nation, or jurisdiction within which a lawsuit is instituted or remedy sought.

The lex fori, or law of the jurisdiction in which relief is pursued, governs all procedural matters as distinguished from substantive rights.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

LEX FORI, practice. The law of the court or forum.
     2. The forms of remedies, the modes of proceeding, and the execution of judgments, are to be regulated solely and exclusively, by the laws of the place where the action is instituted or as the civilians uniformly express it, according to the lex fori. Story, Confl. of Laws, Sec. 550; 1 Caines' Rep. 402; 3 Johns. Ch. R. 190; 5 Johns. R. 132; 2 Mass. R. 84; 7 Mass. R. 515; 3 Conn. R. 472; 7 M. R. 214; 1 Bouv. Inst. n. 860.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

Thursday
Jan192012

Non judicial

Non judicial.  Not belonging to the office of a judge; as not using judicial authority.

Thursday
Jan192012

Non judicial day

Non judicial day.  Day on which process cannot ordinarily issue or be executed or returned, and on which courts do not usually sit.  See e.g.  Fed. R. Civil P. 77(e)

Wednesday
Nov162011

Per·fid·i·ous - [per-fid-ee-uhs] adjective

 

Per·fid·i·ous -  [per-fid-ee-uhs] adjective
deliberately faithless; treacherous; deceitful: a perfidious lover.

A word to describe an unlawful government today.
Monday
Dec122011

PERSON

A "PERSON" IS A ROLE, NOT THE ACTOR WHO PLAYS THE ROLE.