Various Law
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Charta Magna: agreement between king John and his barons laying down mutual rights and obligations as well as the position of the lower nobility and the church. (1215)
Habeas Corpus: is an important remedy against unlawful commitment. (1679)
Bill of rights: protects statements in either house of parliament granting parliament itself the power to fine or imprison those who abuse this privilege. It also prohibited the king to levy taxes or keep an army without permission of parliament. (1689)
Act of settlement: Secured the succession of the throne after the death of William III who was king of England but who didnt have any children. It gave the throne to Princess Sofia of Hannover and her heirs, being Protestants.(1700)
Charles-Luis de Montesquieu : “De lespiritu des lois” (1748)
Jean-Jaques Rouseau is the author of: “discours sur l origine el les fondaments de l inegalite parmi les homes”(1754)
“contrat social ou principes du droit” (1762)
Independence of USA (1776)
French Revolution (1784)
Types of laws
Statute laws:
An act of the legislature of a state or country, declaring, commanding, or prohibiting something; a positive law; the written will of the legislature expressed with all the requisite forms of legislation; — used in distinction from common law.
Statute is commonly applied to the acts of a legislative body consisting of representatives. In monarchies, legislature laws of the sovereign are called edicts, decrees, ordinances, rescripts, etc. In works on international law and in the Roman law, the term is used as embracing all laws imposed by competent authority. Statutes in this sense are divided into statutes real, statutes personal, and statutes mixed; statutes real applying to immovables; statutes personal to movables; and statutes mixed to both classes of property.
Statute book: a record of laws or legislative acts.
Federal Laws: Rules that are applied on a federal level
International Laws:
A set of rules generally regarded and accepted as binding in relations between states and nations. Also called law of nations. These are the rules regulating the mutual intercourse of nations. International law is mainly the product of the conditions from time to time of international intercourse, being drawn from diplomatic discussion, textbooks, proof of usage, and from recitals in treaties. It is called public when treating of the relations of sovereign powers, and private when of the relations of persons of different nationalities. International law is now, by the better opinion, part of the common law of the land.
By-laws:
A local or subordinate law; a private law or regulation made by a corporation for its own government.
Intestate:
Without having made a valid will; without a will; as, to die intestate. Not devised or bequeathed; not disposed of by will; as, an intestate estate.
Fiduciary:
Of or relating to a holding of something in trust for another: a fiduciary heir; a fiduciary contract. A person who holds assets in trust for a beneficiary; “it is illegal for a fiduciary to misappropriate money for personal gain”.
Fiduciary Relationship
n. where one person places complete confidence in another in regard to a particular transaction or ones general affairs or business. The relationship is not necessarily formally or legally established as in a declaration of trust, but can be one of moral or personal responsibility, due to the superior knowledge and training of the fiduciary as compared to the one whose affairs the fiduciary is handling
Lien:
Legal claim until a debt is repaid.
The right to take and hold or sell the property of a debtor as security or payment for a debt or duty.
In law, lien is the broadest term for any sort of charge or encumbrance against an item of property that secures the payment of a debt or performance of some other obligation.
Liens can be consensual or non-consensual. Consensual liens are imposed by a contract between the creditor and the debtor. These liens include:
* mortgages;
* security interests;
* chattel mortgages
Non-consensual liens typically arise by statute or by the operation of the common law. These liens give a creditor the right to impose a lien on an item of real property or a chattel by the existence of the relationship of creditor and debtor. These liens include:
* tax liens, imposed to secure payment of a tax;
* attorneys liens, against funds and documents to secure payment of fees;
* mechanics liens, which secure payment for work done on property or land;
* judgment liens, imposed to secure payment of a judgment
* maritime liens, imposed on ships by the law of admiralty.
Liens are also “perfected” or “unperfected.” Perfected liens are those liens for which a creditor has taken the steps required by law to give third parties notice of his interest in the property in which a lien is claimed. The fact that an item of property is in the hands of the creditor usually constitutes perfection. Where the property remains in the hands of the debtor, some further step must be taken, like recording a notice of the security interest with the appropriate office.
Perfecting a lien is an important part of the task of protecting the secured creditors interest in the property. A perfected lien is valid, even against a trustee in bankruptcy; an unperfected lien is not.
Tort:
Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought.
Seizure: