First of all, the articles can be very useful as a general introduction to a new area of law for you. They offer more detailed information than a legal dictionary and are at the same time almost as accessible and easy to use. Note: This entry was inspired by a misinformed web article claiming that an entry in Black`s Law Dictionary had “proved” that an Article V convention was a “constitutional convention”. Constitutum esse eam domum unlcuique nostrum debere existimari, ubi quisque sedes et tabulas haberet suarumque rerum constitutionem fecisset. It is established that this must be considered as the home of each of us, where he can have his apartment and his accounting and where he could have established a branch of his company. Dig. 50, 16, 203. — Constitutional Convention. An assembly duly constituted by delegates or representatives of the people of a State or nation for the purpose of drafting, revising or amending its statutes. – Constitutional freedom or freedom. the freedom enjoyed by citizens of a country or State under the protection of its constitution; the sum of the personal, civil and political rights of the individual guaranteed by the Constitution and guaranteed against the invasion of the government or any of its authorities. Menschen v.
Hurlbut. 24. Me. 106. 9 a.m. 103.—Constitutional law. (1) This branch of the public law of a State which deals with the organization and framework of government, organs and powers of sovereignty, the distribution of political and state authorities and functions, the basic principles intended to govern the relations between the government and the subject, and which generally prescribes the plan and method by which the public affairs of the State are to be administered. (2) This department of jurisprudence, constitutions, their establishment, structure and interpretation as well as the validity of legal ordinances according to the criterion of conformity with the Basic Law. (3) A constitutional law is a law that is in conformity with and respects the Constitution; which does not violate any provision of the constitution of the respective State. —Constitutional Officer.
The one whose mandate and mandate are defined and defined by the Constitution, unlike the holders of the functions created by the legislature. Foster vs. Jones, 79 Va. 642, 52 h. 637; People against shyness, 60 app. Div. 592, 69 N.Y. Supp. 597. the Constitution or the Basic Law of the State. Dependent on a constitution or guaranteed or regulated by a constitution: as a “constitutional monarchy”, “constitutional rights”. Strict and liberal construction.
Strict construction is the construction of a law or other instrument according to its letter, which does not recognize anything that is not expressed. increases the exact and technical meaning of the language used and does not allow for equitable considerations or implications. Paving Co.c. Watt. 51 The. Ann 1345, 26 South. 70; Stanyan vs. Peterborough, 69 N.H. 372, 46 Atl. 191.
The liberal interpretation, on the other hand, broadens the meaning of the law to deal with cases that are clearly in the sense or reason of the law or in the evil it was intended to remedy, unless such an interpretation is incompatible with the language used; It dispelled all reasonable doubts in favour of the applicability of the law to the present case. Black. Interp. Laws, 282; Lawrence vs. McCalmont, 2 Comment. 449, 11 L. Ed 326; As for Johnson`s estate. 98 Cal. 531, 33 Pac. 460, 21 R.S.A. 380; Shorey vs. Wyckoff, 1 Wash.
T. 351. KONSTITUTUM. in civil law. An agreement to settle an inventory debt that exists without any indication, whether promised or of any other party. It differs from a provision in that it must be an existing debt. You Cange. CONSTRUCTION. the procedure or art of determining the meaning, factual meaning or correct explanation of obscure or ambiguous terms or provisions in a law, written document or oral agreement, or the application of that purpose to the case in question, in the light of circumstances or unrelated contiguous laws or pleadings relating to the same or a related matter, is argued, or by seeking and applying the probable purpose and purpose of the determination. BUILD.
Build; standing; assembled; ready to use. Morse v Westport, 110 MB. 502, 19 SW 831; Contas vs Bradford, 206 Pa. 291, 55 Atl. 989. * There may be conflicting cases in other jurisdictions. After writing the above lines, I found the following on the website of the Georgetown Law Center Library, Georgetown University Law School – one of the best in the country. This sums things up pretty well for legal dictionaries and legal encyclopedias: CONSTITUTOR. In civil law. The one who, by a simple agreement, becomes responsible for settling someone else`s debts.
* The definition may have been given in a secondary commentary and not in the main participation or contentious issue in the case. Black`s Law Dictionary, as the name suggests, is a book of legal definitions. The definitions come largely from settled cases. Corpus Juris Secundum (Latin for “Second Body of law” – its predecessor was known as Corpus Juris) is an encyclopedia that contains entries on legal topics. Another widely used encyclopedia is American Jurisprudence 2d. Whatever he sells, don`t buy it. These sources are not definitive, and no competent lawyer treats them as such. Constructio legis non facit injuriam. The interpretation of the law (an interpretation made by law) does not have a hurtful effect. Co. Litt.
183; Broom, max. 603. The law will make such a construction of an instrument so as not to harm a party. * The case cited for a particular definition may be idiosyncratic or old. * The authors summarizing the case or the field of law may have been mistaken. This is something I know from my own experience: after attending law school, I practiced for 11 years, then I was a law professor for 25 years. In first-year legal research courses, students learn that all three sources are primarily useful as a starting point. By reading them, you can get a quick overview of an area that prepares you for your legal research. And the cases they cite provide a place where you can start your case law investigation. Second, encyclopedias are a way to find quotes on cases and other useful documents on a particular topic. Both of these uses make encyclopedias a very good starting point for main research, whether for a scientific article or a legal memorandum.
However, legal encyclopedias are not intended to be used as authoritative sources of law in any field and are therefore not cited in pleadings, memoranda or scientific articles. CONSTRAINT. This term is considered to be exactly equivalent to “retained”. Edmondson vs. Harris, 2 Tenn. Cap. 427. In Scottish law.
Coercion means coercion. But the actual statements in these sources are still questioned. This is true for several reasons. Here are four: There are two main uses for legal encyclopedias. Constitutiones tempore posteriores potiores sant his quæ ipses præcesserunt. Dig. 1, 4, 4. Subsequent laws take precedence over those that preceded them. It should be noted that this term is correctly distinguished from interpretation, although the two are often used as synonyms.
In rigor, interpretation is limited to the exploration of the written text, while construction goes beyond and can take advantage of extrinsic considerations, as noted above. CONSTITUTIONS. Laws promulgated by the Roman Emperor, that is, promulgated. They were of various kinds, namely: (1) Edicta; (2) decreta; (3) rescripta, also called ” epistolæ “. Sometimes they were general and should set a precedent for other similar cases; At other times, they were special, special or individual (personalities) and were not meant to set a precedent. The emperor had this power of irresponsible staging by virtue of a certain lex regia, making him the source of justice and mercy. Chestnut. —Construction, Court A court of equity or common law, as the case may be.
is called the Construction Court with respect to wills, as opposed to the Court of Succession, whose task is to decide whether an act is a will. Now, the probate court can decide that all three sources can be very useful to the practicing lawyer and sometimes to the practicing researcher – but only as starting points, not as endpoints. .