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Law, arbitrary
Law, arbitraryAn arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. This term is used in opposition to immutable. RELATED TERMS-------------------------------------- Arbitrary What depends on the will of the judge, not regulated or established by law. Things By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. In this sense it is opposed, in the language of the law, to the word persons. Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. Example An example is a case put to illustrate a. principle. Tariff Customs, duties, toll. or tribute payable upon merchandise to the general government is called tariff; the rate of customs, also bears this name and the list of articles liable to duties is also called the tariff. High This word has various signifcations: 1. Principal or chief, as high constable, high sheriff. 2. Prominent, in a bad sense, as high treason. 3. Open, not confined, as high seas. Term 1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court. Opposition practice. The act of a creditor who, declares his dissent to a debtor's being discharged under the insolvent laws. Immutable What cannot be removed, what is unchangeable. The laws of God being perfect, are immutable, but no human law can be so considered. SIMILAR TERMS-------------------------------------- Law, criminal By criminal law is understood that system of laws which provides for the mode of trial of persons charged with criminal offences, defines crimes, and provides for their punishments. Law, foreign By foreign laws are understood the laws of a foreign country. The states of the American Union are for some purposes foreign to each other, and the laws of each are foreign in the others Law, international The law of nature applied to the affairs of nations, commonly called the law of nations, jus gentium; is also called by some modern authors international law. Law, martial Martial law is a code established for the government of the army and navy of the United States Law, merchant A system of customs acknowledged and taken notice of by all commercial nations; and those customs constitute a part of the general law of the land; and being a part of that law their existence cannot be proved by witnesses, but the judges are bound to take notice of them ex officio. Law, municipal Municipal law is defined by Mr. Justice Blackstone to be "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong." This definition has been criticised, and has been perhaps, justly considered imperfect. The latter part has been thought superabundant to the first; see Mr. Christian's note; and the first too general and indefinite, and too limited in its signification to convey a just idea of the subject. Law, penal One which inflicts a penalty for a violation of its enactment Law, positive Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1.) The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2.) The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it. 3) The conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force. Law, private An act of the legislature which relates to some private matters, which do not concern the public at large. Law, prospective One which provides for, and regulates the future acts of men, and does not interfere in any way with what has past. Law, public A public law is one in which all persons have an interest Law, retrospective A retrospective law is one that is to take effect, in point of time, before it was passed. Law, statute The written will of the legislature, solemnly expressed according to the forms prescribed by the constitution; an act of the legislature. Law, unwritten Unwritten law or lex non scripta. All the laws which do not come under the definition of written law; it is composed, principally, of the law of nature, the law of nations, the common law, and customs. Law, written Law written or lex scripta. This consists of the constitution of the United States the constitutions of the several states the acts of the different legislatures, as the acts of congress, and of the legislatures of the several states, and of treaties. PREVIOUS AND NEXT TERMS-------------------------------------- Law of the flag The conflict of laws rule, still found in many national laws and international conventions, which subjected various maritime law matters to the law of the flag or port of registry of the ship. The concept bore the imprint of nineteenth-century theories of the law of the citizen, espoused by Napoleon Bonaparte and Mancini. Today, the emergence of flags of convenience, double-flagging, flagging out, and the increasing insistence in many international conventions on a "genuine link" between the flag and the ship, have reduced the importance of the law of the flag to merely one contact, or connecting factor, among others in maritime conflicts of law. Law of the land The general public law of a State, binding upon all the members of the community under all circumstances, and not partial or private laws affecting the rights of private individuals or classes of individuals. Law of the person Lex Patriae. Wherever a person was a citizen, he/she had their "laws" follow them throughout the world. The French Emperor Napoleon Bonaparte promoted this approach in the first Civil Code of France (1804). He believed that the French Civil Code was superior to all other forms of law, and thus French citizens should benefit from it, wherever they were. Law of the sea convention The United Nations Law of the Sea Convention, adopted at Montego Bay, Jamaica, December 10., 1982 and in force November 16, 1994. This Convention was the product of nine years of work by the Third United Nations Conference on the Law of the Sea (1973-1982). Law of the united kingdom The statutes and regulations applicable to the whole of the United Kingdom, including European Union treaties and regulations, which are "directly applicable" in the U.K. as a Member-State of the E.U., as well as treaties made by the U.K. Government under the royal prerogative of the Crown. Law, arbitrary Law, criminal By criminal law is understood that system of laws which provides for the mode of trial of persons charged with criminal offences, defines crimes, and provides for their punishments. Law, foreign By foreign laws are understood the laws of a foreign country. The states of the American Union are for some purposes foreign to each other, and the laws of each are foreign in the others Law, international The law of nature applied to the affairs of nations, commonly called the law of nations, jus gentium; is also called by some modern authors international law. Law, martial Martial law is a code established for the government of the army and navy of the United States Law, merchant A system of customs acknowledged and taken notice of by all commercial nations; and those customs constitute a part of the general law of the land; and being a part of that law their existence cannot be proved by witnesses, but the judges are bound to take notice of them ex officio. We thank you for using the Juridical Dictionary to search for Law, arbitrary. If you have a better definition for Law, arbitrary than the one presented here, please let us know by making use of the suggest a term option. This definition of Law, arbitrary may be disputed by other professionals. Our attempt is to provide easy definitions on Law, arbitrary and any other medical topic for the public at large.
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