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Liberty
LibertyFreedom from restraint. The power of acting as one thinks fit, without any restraint or control, except from the laws of nature. Liberty is divided into civil, natural, personal, and political. RELATED TERMS-------------------------------------- Freedom Liberty; the right to do what is not forbidden by law. Freedom does not preclude the idea of subjection to law; indeed, it presupposes the existence of some legislative provision, the observance of which insures freedom to us, by securing the like observance from others. Restraint Something which prevents us from doing what we would desire to do. Power This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice. Without Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause. Liberty Freedom from restraint. The power of acting as one thinks fit, without any restraint or control, except from the laws of nature. Liberty is divided into civil, natural, personal, and political. Civil 1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction. Personal Belonging to the person. Political Pertaining to policy, or the administration of the government. Political rights are those which may be exercised in the formation or administration of the government they are distinguished from civil, rights, which are the rights which a man enjoys, as regards other individuals, and not in relation to the government. A political corporation is one which has principally for its object the administration of the government, or to which the powers of government, or a part of such powers, have been delegated. SIMILAR TERMS-------------------------------------- Libel 1) Practice. A libel has been defined to be "the plaintiff's petition or allegation, made and exhibited in a judicial process, with some solemnity of law;" it is also, said to be "a short and well ordered writing, setting forth in a clear manner, as well to the judge as to the defendant, the plaintiff's or accuser's intention in judgment." It is a written statement by a plaintiff, of his cause of action, and of the relief he seeks to obtain in a suit. Law's Ecclesiastic. 2) Libellus, criminal law. A malicious defamation expressed either in printing or writing, or by signs or pictures, tending to blacken the memory of one who is dead, with intent to provoke the living; or the reputation of one who is alive, and to expose him to public hatred, contempt, or ridicule. Libel of accusation A term used in Scotland to designate the instrument which contains the charge against a person accused of a crime. Libels are of two kinds, namely, indictments and crimiual letters. Libelant The person who institutes proceedings in an ecclesiastical court, in a court of divorce, or in admiralty. Libellant The party who fires a libel in a chancery or admiralty case, correspondes to the plaintiff in actions in the common law courts, is called the libellant. Libellee A party against whom a libel has been filed in chancery proceedings, or in admiralty, corresponding to the defendant in a common law suit. Liber A book; a principal subdivision of a literary work: thus, the Pandects, or Digest of the Civil Law, is divided into fifty books. Liber assisarum The book of assizes, or pleas of the crown; being the fifth part of the Year Books. Liber feud rum A code of the feudal law, which was compiled by direction of the emperor Frederick Barbarossa, and published in Milan, in 1170. It was called the Liber Feudorum, and was divided into five books, of which the first, second, and some fragments of the other's still exist and are printed at the end of all the modern editions of the Corpus Juris Civilis. Liber homo A freeman lawfully competent to act as a juror. Liberal construction A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document. For example, faced with an ambiguous article in a statute, a liberal construction would allow a judge to consider the purpose and object of a statute before deciding what the article actually means. Liberate English practice. A writ which issues on lands, tenements, and chattels, being returned under an extent on a statute staple, commanding the sheriff to deliver them to the plaintiff, by the extent aud appraisement mentioned in the writ of extent, and in the sheriff's return thereto. Liberation Civil law. This term is synonymous with payment. It is the extinguishment of a contract by which he who was bound become's free, or liberated. Liberti, libertini These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. There is some distinction between these words. By libertus, was understood the freedman, when considered in relation to his patron, who had bestowed liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission. Libertini liberti These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. There is some distinction between these words. By libertus, was understood the freedman, when considered in relation to his patron, who had bestowed liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission. Liberty of speech The right given by the constitution and the laws to public support in speaking facts or opinions. Liberty of the press The right to print and publish the truth, from good motives, and for justifiable ends. Liberum tenementum 1) Pleading. The name of a plea in an action of trespass, by which the defendant claims the locus in quo to be his soil and freehold, or the soil and freehold of a third person, by whose command he entered. 2) Estate. The same as, freehold or frank tenement. PREVIOUS AND NEXT TERMS-------------------------------------- Liberal construction A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document. For example, faced with an ambiguous article in a statute, a liberal construction would allow a judge to consider the purpose and object of a statute before deciding what the article actually means. Liberate English practice. A writ which issues on lands, tenements, and chattels, being returned under an extent on a statute staple, commanding the sheriff to deliver them to the plaintiff, by the extent aud appraisement mentioned in the writ of extent, and in the sheriff's return thereto. Liberation Civil law. This term is synonymous with payment. It is the extinguishment of a contract by which he who was bound become's free, or liberated. Liberti, libertini These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. There is some distinction between these words. By libertus, was understood the freedman, when considered in relation to his patron, who had bestowed liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission. Libertini liberti These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. There is some distinction between these words. By libertus, was understood the freedman, when considered in relation to his patron, who had bestowed liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission. Liberty Liberty of speech The right given by the constitution and the laws to public support in speaking facts or opinions. Liberty of the press The right to print and publish the truth, from good motives, and for justifiable ends. Liberum tenementum 1) Pleading. The name of a plea in an action of trespass, by which the defendant claims the locus in quo to be his soil and freehold, or the soil and freehold of a third person, by whose command he entered. 2) Estate. The same as, freehold or frank tenement. Licence A licence is an agreement that allows the licensee to do an act which would otherwise be the exclusive right of the licensor. License 1) Contracts. A right given by some competent authority to do an act, which without such authority would be illegal. The instrument or writing which secures this right, is also called a license. 2) International law. An authority given by one of two belligerent parties, to the citizens or subjects of the other, to carry on a specified trade. 3) Pleading. The name of a plea of justification to an action of trespass. A license must be specially pleaded, and cannot, like liberum tenementum, be given in evidence under the general issue. We thank you for using the Juridical Dictionary to search for Liberty. If you have a better definition for Liberty than the one presented here, please let us know by making use of the suggest a term option. This definition of Liberty may be disputed by other professionals. Our attempt is to provide easy definitions on Liberty and any other medical topic for the public at large.
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