Juridical Dictionary

This dictionary contains:
8526
juridical terms

Government de facto






Government de facto

A government that unlawfully gets possession and control of the rightful legal government, and maintains itself there, by force and arms, against the will of the rightful government, and claims to exercise the powers thereof. A government de facto is such as exists after it has expelled the regularly constituted authorities in their places, so as to represent in fact the sovereignty of the nation.

RELATED TERMS
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Government
"natural and political law. The manner in which sovereignty is exercised in each state. There are three simple forms of government, the democratic, the aristocratic, and monarchical. But these three simple forms may be varied to infinity by the mixture and divisions of their different powers. Sometimes by the word government is understood the body of men, or the individual in the state, to whom is entrusted the executive power. It is taken in this sense when the government is spoken of in opposition to other bodies in the state.

Unlawfully
Pleadings. This word is frequently used in indictments in the description of the offence; it is necessary when the crime did not exist at common law, and when a statute, in describing an offence which it creates, uses the word ; but it is unnecessary whenever the crime existed at common law, and is manifestly illegal.

Possession
International law. By possession is meant a country which is held by no other title than mere conquest.

Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.

Arms
1) Any thing that a man wears for his defence, or takes in his hands, or uses in his anger, to cast at, or strike at another. 2) Heraldry. Signs of arms, or drawings painted on shields, banners, and the like.

Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.

Facto
In fact, in contradistinction to the lawfulness of the thing; it is applied to anything actually done.

Fact
An action; a thing done. It is either simple or compound.

Sovereignty
The union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do everything in a state without accountability; to make laws, to execute and to apply them: to impose and collect taxes, and, levy, contributions; to make war or peace; to form treaties of alliance or of commerce with foreign nations, and the like.

Nation
A group or race of people that share history, traditions and culture. The United Kingdom is comprised of four nations or national groups: the English, Scots, Irish and Welsh. Canada includes French-Canadians, English-Canadians and a number of aboriginal nations. Thus, states may be comprised of one or several nations. It is common English to use the word "nation" when referring to what is known in law as "states."



SIMILAR TERMS
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Government
"natural and political law. The manner in which sovereignty is exercised in each state. There are three simple forms of government, the democratic, the aristocratic, and monarchical. But these three simple forms may be varied to infinity by the mixture and divisions of their different powers. Sometimes by the word government is understood the body of men, or the individual in the state, to whom is entrusted the executive power. It is taken in this sense when the government is spoken of in opposition to other bodies in the state.

Government de jure
The rightful, legal government.

Government printing office
The federal agency in charge of printing, binding, and selling of all government communications.

Governmental interest analysis
The applicable law is to be determined by the identification of the law of the state with the greatest interest in having its law applied to the particular case. The application of the theory requires the court to ascertain which of the states concerned has a more legitimate interest in having its social, economic or administrative policies applied to the legal problem at hand.The principle is applied in certain American states, but has not been generally accepted outside the U.S.

Governmental unit
Governmental unit means United States; State; Commonwealth; District; Territory; municipality; foreign state; department, agency, or instrumentality of the United States (but not a United States trustee while serving as a trustee in a case under this title), a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government;

Governor
The title of the executive magistrate in each state and territory of the United States. Under the names of the particular states, the reader will find some of the duties of the governor of such state.



PREVIOUS AND NEXT TERMS
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Good faith
Absence of intent to commit fraud.

Good will
By this term is meant the benefit which arises from the establishment of particular trades or occupations. Mr. Justice Story describes a good will to be the advantage of benefit which is acquired by an establishment, beyond the mere value of the capital, stocks, funds, or property employed therein, in consequence of the general public patronage and encouragement, which it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances or necessities, or even from ancient partialities, or prejudices.

Goodwill
An intangible business asset which includes a cultivated reputation and consequential attraction and confidence of repeat customers and connections.

Gout
Medical jurisp. Contracts. An inflammation of the fibrous and ligamentous parts of the joints.

Government
"natural and political law. The manner in which sovereignty is exercised in each state. There are three simple forms of government, the democratic, the aristocratic, and monarchical. But these three simple forms may be varied to infinity by the mixture and divisions of their different powers. Sometimes by the word government is understood the body of men, or the individual in the state, to whom is entrusted the executive power. It is taken in this sense when the government is spoken of in opposition to other bodies in the state.

Government de facto

Government de jure
The rightful, legal government.

Government printing office
The federal agency in charge of printing, binding, and selling of all government communications.

Governmental interest analysis
The applicable law is to be determined by the identification of the law of the state with the greatest interest in having its law applied to the particular case. The application of the theory requires the court to ascertain which of the states concerned has a more legitimate interest in having its social, economic or administrative policies applied to the legal problem at hand.The principle is applied in certain American states, but has not been generally accepted outside the U.S.

Governmental unit
Governmental unit means United States; State; Commonwealth; District; Territory; municipality; foreign state; department, agency, or instrumentality of the United States (but not a United States trustee while serving as a trustee in a case under this title), a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government;

Governor
The title of the executive magistrate in each state and territory of the United States. Under the names of the particular states, the reader will find some of the duties of the governor of such state.

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This dictionary contains 8526 terms.