Introduction to Law and Relevant Legal Definitions

Introduction.

Americans have not been taught law in school for a purpose.

The aforementioned notwithstanding, "The State" (government) uses the doctrine of:

"Ignorance of the Law is no Excuse" (see sui juris).

Simply put: You are expected to know the law; if you do not know the law, it is your problem; thus any consequences are also regarded to be "Your Problem".

However, the general population are not the only ones who have not been taught properly in law. The Lawyers/Attorneys are not even taught the full spectrum of law. When they are schooled for their profession, they are only taught the ways of the current de facto legal system which is now in place.

You must understand that things have even digressed to the point that the legal professionals are no longer required to take any general classes on constitutional law.

It is your duty as an American citizen to know the law; such will enable us to make the necessary corrections that are needed to put the Union back on its intended course.

The De facto Legal System.

The current court system of the United States is based on a multi-level appeals process. Accordingly, the United States is broken up into districts, you will find yourself as being located in one of them.

Due to the fourteenth amendment, if one is claiming to be a U.S. citizen, these districts are considered federal areas in relation to such a person. To clarify, such a person is not truly in a state pursuant to the law of nations. Further, such a person is under the jurisdiction of the state known as the federal government. Accordingly, this makes such a person subject to the private law of said government.

As it is of the main interest of the Coalition to have you know your true status, you must understand that De jure Status is handled differently in regard to legal remedies.

Because the de jure system has been somewhat preserved, you may find the statutes which are relevant to de jure status in Title 28 of the United States Code .

Understanding Legal Language.

What you will find herein may be hard for you to comprehend. The reason being, legal language is to be interpreted differently than regular English. The best example is the term "person". A person is not always a human being; as the term 'person' can also refer to a 'corporation' in law.

However, the example that most people are legally hung by is the term- U.S. citizen. As Americans have not been schooled in the law, this term is the most misconstrued of all terms. You will learn why as you go through our full Web presentation. You must understand, U.S. citizen has a very specific meaning. Even some of the key people who are trying to correct what has been executed against the American peoples do not understand the legal specificity of said term.

If you are serious of being a free and independent person (sui juris), it is advised you purchase a current Black's Law Dictionary. This is the law dictionary that is used by the legal profession. It would be best for you to acquire a deluxe version of Black's, because the terms in the other versions are not as explicit; moreover, you may even want to locate an older edition, as they are consistently modifying them to dumb-down the masses (commoners), as they have been for over the past century.

You may also want to acquire an American Heritage Dictionary. It is very useful to supplement your studies. Again, some of the definitions found the American Heritage Dictionary are more definitive than that of the "water-downed" legal variety.

To assist you in your studies, the Coalition has provided a few terms from several different law dictionaries. The definitions are from several different sources due to the fact that the selected terms are the most easily understood. You are highly advised to go through all of them and familiarize yourself with each of them.

Please pay specific attention to the terms that are defined by Bouvier's, they are more accurate. The terms as defined by Black's may be somewhat misleading- e.g. Domicile.

You will find that most of the definitions provided herein are relevant to correcting your status to that of constitutional. All terms are linked for easy study.

Click For Reference Table > > >

Below is a table of the references provided. You may return to the table by clicking the at the end of each term. Also, note that there is additional information on some of the terms; you may access the additional information by clicking on the .*

Table of Law References

Legal Definitions
 Black's Law
Ballentine's Law
Bouvier's Law
* Note: You will have to use your viewer back/return button to return to the last item viewed on this page; such being due to the numerous cross-references made.

BLACK’S LAW DICTIONARY, 6th edition.

ALIEN.

A foreign born person who has not qualified as a citizen of the country; but an alien is a person within the meaning of the Fourteenth Amendment due process clause of the United States Constitution to same extent as a citizen. Any person not a citizen or national of the United States. 8 USCA § 1101. See also Resident Alien .

ALLEGIANCE.

Obligation of fidelity and obedience to government in consideration for protection that government gives.

In American law, the allegiance due from citizens of the United States to their native country, and also from naturalized citizens, and which cannot be renounced without the permission of government, to be declared by law. See Natural Allegiance.

AT LAW.

According to law; by, for, or in law. Particularly in distinction from that which is done in or according to equity; or in titles such as sergeant at law, barrister at law, attorney or counsellor at law.

CITIZENSHIP.

The status of being a citizen. There are four ways to acquire citizenship: by birth in the United States, by birth in United States territories, by birth outside the United States to U. S. parents, and by naturalization. See Corporate Citizenship; Diversity of Citizenship; Dual Citizenship; Federal Citizenship; Naturalization; Jus Sanguinis; Jus Soli.

COLOR OF LAW.

The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under "color of state law."

COMMON LAW.

As distinguished from statutory law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs.

It consists of those principles, usage and rules of action applicable to government and security of persons and property which do not rest for their authority upon any express and positive declaration of the will of the legislature. See also Public Policy

CONSTITUTIONAL LAW.

(1) That branch of the public law of a nation or state which treats of the organization, powers and frame of government, the distribution of political and governmental authorities and functions, the fundamental principles which are to regulate the relations of government and citizen, and which prescribes generally the plan and method according to which the public affairs of the nation or state are to be administered. (2) That department of the science of law which treats of constitutions, their establishment, construction, and interpretation, and of the validity of legal enactment's as tested by the criterion of conformity to the fundamental law. (3) A constitutional law is one which is consonant to, and agrees with, the constitution; one which is not in violation of any provision of the constitution of the particular state.

CONSTITUTIONAL LIBERTY OR FREEDOM.

Such freedom as is enjoyed by the citizens of a country or state under the protection of its constitution. The aggregate of those personal, civil, and political rights of the individual which are guaranteed by the Constitution and secured against invasion by the government or any of its agencies.

CONSTITUTION.

The organic and fundamental law of a nation or state, which may be written or unwritten, establishing the character and conception of its government, laying the basic principles to which its internal life is to be conformed, organizing the government, and regulating, distributing, and limiting the functions of its different departments, and prescribing the extent and manner of the exercise of sovereign powers. A charter of government deriving its whole authority from the governed. The written instrument agreed upon by the people of the Union (e.g. United States Constitution) or of a particular state, as the absolute rule of action and decision for all departments (i.e. branches) and officers of the government in respect to all the points covered by it, which must control until it shall be changed by the authority which established it (i.e. by amendment), and in opposition to which any act or ordinance of any such department or officer is null and void.

CONSTITUTIONAL RIGHT.

A right guaranteed to the citizens by the United States Constitution and state constitutions and so guaranteed as to prevent legislative interference therewith. See also Constitutional freedom; Constitutional liberty or freedom; Constitutional protections.

CUSTOM AND USAGE.

A usage or practice of the people, which, by common adoption and acquiescence, and by long and unvarying habit, has become compulsory, and has acquired the force of a law with respect to the place or subject-matter to which it relates. See Positive Law.

DIVERSITY OF CITIZENSHIP.

A phrase used with reference to the jurisdiction of the federal courts, which, under United States Constitution, Art. III, § 2, extends to cases between citizens of different states, designating the condition existing when the party on one side of a lawsuit is a citizen of one state, and the party on the other side is a citizen of another state, or between a citizen of a state and an alien. The requisite jurisdictional amount must, in addition, be met. 28 U.S.C.A. § 1332. See Outcome Test. See Nationality.

DOMICILE.

A person's legal home. That place where a man has his true, fixed, and permanent home aid principal establishment, and to which whenever he is absent he has the intention of returning. A person may have more than one residence but only one domicile. See Domicil; Resident; Allegiance.

DUAL CITIZENSHIP.

Citizenship in two different countries. Status of "citizens of United States" who reside within a state; i.e., persons who are born or naturalized in the United States are "citizens of the U.S." and the state wherein they reside. See De Facto; Allegiance.

FEDERAL CITIZENSHIP.

Rights and obligations accruing by reason of being a "citizen of the United States." State or status of being a "citizen of the United States." A person born or naturalized in the United States and subject to the jurisdiction thereof is a "citizen of the United States" and of the State wherein he resides. Fourteenth Amendment, United States Constitution. See also Citizenship; Naturalization; De Facto.

FEDERALIST PAPERS.

A series of 85 essays by Alexander Hamilton, James Madison and John Jay, expounding and advocating the adoption of the Constitution of the United States. All but six of the essays were first published in the "Independent Journal" of New York City from October, 1787, to April, 1788 .

FICTION OF LAW.

An assumption or supposition of law that something which is or may be false is true, or that a state of facts exists which has never really taken place. An assumption, for purposes of justice, of a fact that does not or may not exist. A rule of law which assumes as true, and will not allow to be disproved, something which is false, but not impossible . See also Legal Fiction.

FOREIGN.

Belonging to another nation or country; belonging or attached to another jurisdiction; made, done, or rendered in another state or jurisdiction; subject to another jurisdiction; operating or solvable in another territory; extrinsic; outside; extraordinary.

FOREIGN STATES.

Nations which are outside the United States. Term may also refer to another state; i.e. a sister state. A "foreign state" within statute providing for expatriation of American citizen who is naturalized under laws of foreign state is a country which is not the United States, [i.e. one of the [U]nited States] or its possession or colony, an alien country, other than our own.

FRAUD.

An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury. Anything calculated to deceive, whether by a single act or combination, or by suppression of truth, or suggestion of what is false, whether it be by direct falsehood or innuendo, by speech or silence, word of mouth, or look or gesture. A generic term, embracing all multifarious means which human ingenuity can devise, and which are resorted to by one individual to get advantage over another by false suggestions or by suppression of truth, and includes all surprise, trick, cunning, dissembling, and any unfair way by which another is cheated. "Bad faith" and "fraud" are synonymous, and also synonyms of dishonesty, infidelity, faithlessness, perfidy, unfairness, etc. Elements of a cause of action for "fraud" include false representation of a present or past fact made by defendant, action in reliance thereupon by plaintiff, and damage resulting to plaintiff from such misrepresentation. As distinguished from negligence, it is always positive, intentional. It comprises all acts, omissions, and concealment’s involving a breach of a legal or equitable duty and resulting in damage to another. And includes anything calculated to deceive, whether it be a single act or combination of circumstances, whether the suppression of truth or the suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or by silence, by word of mouth, or by look or gesture. Fraud, as applied to contracts, is the cause of an error bearing on a material part of the contract, created or continued by artifice, with design to obtain some unjust advantage to the one party, or to cause an inconvenience or loss to the other. See also Actionable fraud; Badges of fraud; Cheat; Civil fraud; Collusion; Constructive fraud; Criminal (Criminal fraud); Deceit; False pretenses; False representation; Intrinsic fraud; Mail fraud; Material fact; Misrepresentation; Promissory fraud; Reliance; Scheme or artifice to defraud .

GOVERNMENT DE FACTO.

A government of fact. A government actually exercising power and control, as opposed to the true and lawful government; a government not established according to the constitution of the nation, or not lawfully entitled to recognition or supremacy, but which has nevertheless supplanted or displaced the government de jure. A government deemed unlawful, or deemed wrongful or unjust, which, nevertheless, receives presently habitual obedience from the bulk of the community. There are several degrees of what is called "de facto government." Such a government, in its highest degree, assumes a character very closely resembling that of a lawful government. This is when the usurping government expels the regular authorities from their customary seats and functions, and establishes itself in their place, and so becomes the actual government of a country. The distinguishing characteristic of such a government is that adherents to it in war against the government de jure do not incur the penalties of treason; and, under certain limitations, obligations assumed by it in behalf of the country or otherwise will, in general, be respected by the government de jure when restored. Such a government might be more aptly denominated a "government of paramount force," being maintained by active military power against the rightful authority of an established and lawful government; and obeyed in civil matters by private citizens. They are usually administered directly by military authority, but they may be administered, also, by civil authority, supported more or less by military force .

GOVERNMENT DE JURE.

A government of right; the true and lawful government; a government established according to the constitution of the nation, and lawfully entitled to recognition and supremacy and the administration of the nation, but which is actually cut off from power or control. A government deemed lawful, or deemed rightful or just, which, nevertheless, has been supplanted or displaced; that is to say, which receives not presently (although it received formerly) habitual obedience from the bulk of the community .

IN FACT.

Actual, real; as distinguished from implied or inferred. Resulting from the acts of parties, instead of from the act or intendment of law. [see the government "in fact" ]

IGNORANCE.

The want or absence of knowledge, unaware or uninformed. Ignorance of law is want of knowledge or acquaintance with the laws of the land in so far as they apply to the act, relation, duty, or matter under consideration. Ignorance of fact is want of knowledge of some fact or facts constituting or relating to the subject-matter in hand.

INDEPENDENCE.

The state or condition of being free from dependence, subjection, or control. Political independence is the attribute of a nation or state which is entirely autonomous, and not subject to the government, control, or dictation of any exterior power .

INTERNAL.

Relating to the interior; comprised within boundary lines; of interior concern or interest; domestic, as opposed to foreign.

JUS PRIVATUM.

Private law; the law regulating the rights, conduct, and affairs of individuals, as distinguished from "public" law, which relates to the constitution and functions of government and the administration of criminal justice.

JUS PUBLICUM.

Public law, or the law relating to the constitution and functions of government and its officers and the administration of criminal justice. Also public ownership, or the paramount or sovereign territorial right or title of the state or government.

JUS SANGUINIS.

The right of blood. The principle that a person's citizenship is determined by the citizenship of the parents. See Jus Soli.

JUS SOLI.

The law of the place of one's birth as contrasted with jus sanguinis, the law of the place of one's descent or parentage. The principle that a person's citizenship is determined by place of birth rather than by the citizenship of one's parents. It is of feudal origin. See Country and De Jure.

KANGAROO COURT.

Term descriptive of a sham legal proceeding in which a person's rights are totally disregarded and in which the result is a foregone conclusion because of the bias of the court or other tribunal.

LAWFUL.

Legal; warranted or authorized by the law; having the qualifications prescribed by law; not contrary to nor forbidden by the law; not illegal.

LEGAL FICTION.

Assumption of fact made by court as basis for deciding a legal question. A situation contrived by the law to permit a court to dispose of a matter, though it need not be created improperly. See also Fiction of Law.

MARITIME JURISDICTION.

Jurisdiction over maritime causes is granted to Federal district courts. 28 U.S.C.A. § 1333. Procedure in maritime actions is governed by the Federal Rules of Civil Procedure and Supp. Admiralty Rules. See Admiralty court.

MARITIME LAW.

That which the Congress has enacted or the Federal courts, sitting in admiralty, or in the exercise of their maritime jurisdiction, have declared and would apply.

MISPRISION OF TREASON.

The bare knowledge and concealment of an act of treason or treasonable plot by failing to disclose it to the appropriate officials; that is, without any assent or participation therein, for if the latter elements be present the party becomes a principal.

NON-RESIDENT.

One who does not reside within jurisdiction in question; not an inhabitant of the state of the forum. For the distinction between "resident" and "domicile," see such terms.

POLICE POWER.

The power of the State to place restraints on the personal freedom and property rights of persons for the protection of the public safety, health, and morals or the promotion of the public convenience and general prosperity. The police power is subject to limitations of the federal and State constitutions, and especially to the requirement of due process. Police power is the exercise of the sovereign right of a government (14th amendment system) to promote order, safety, security, health, morals and general welfare within constitutional limits and is an essential attribute.

PRIMA FACIE.

At first sight; on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary.

PRO SE.

For one's own behalf; in person. Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself in court.

REPUBLIC.

A commonwealth; that form of government in which the administration of affairs is open to all the citizens. In another sense, it signifies the state, independently of its form of government.

STATE.

A people permanently occupying a fixed territory bound together by common-law habits and custom into one body politic exercising, through the medium of an organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace and of entering into international relations with other communities of the globe. The organization of social life which exercises sovereign power in behalf of the people. A body of people occupying a definite territory and politically organized under one government. A territorial unit with a distinct general body of law. Term may refer either to body politic of a nation (e.g. United States) or to an individual governmental unit of such nation (e.g. California) .

UNITED STATES.

This term has several meanings. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in family of nations, it may designate territory over which sovereignty of U. S. extends, or it may be collective name of the states united by and under the Constitution .

WITHIN.

In inner or interior part of, or not longer in time than. Through. Inside the limits of; during the time of. See Internal.

BALLENTINE'S LAW DICTIONARY, 1969.

ALIEN.

A person born in another country of parents who are not citizens of the United States, and who has not been naturalized here, or, one who, having been a "citizen of the United States", has expatriated himself .

CITIZEN OF THE UNITED STATES.

A person born or naturalized in the United States and subject to the jurisdiction. See corporate citizenship; United States citizen; De Facto .

COUNTRY.

A nation or land, also the people of a nation or state; any place out of court; the persons living in the district available for jury duty; a jury.

DE FACTO.

In fact, as distinguished from "de jure," by right.

DE FACTO GOVERNMENT.

A new government which exercises undisputed sway over the entire country, the former established government having been nullified by successful rebellion or having lost the support of the people. A de facto government arises where the established government has been subverted by rebellion, so that the new government exercises undisputed sway for the time being over the entire country, or where the people of any portion of a country subject to the same government throw off their allegiance to that government and establish one of their own, and show not only that they have established a government, but also their ability to maintain it .

DE JURE.

By right; by lawful right; rightfully; complying with the law in all respects; valid in law.

DE JURE GOVERNMENT.

A government legally established and legally exercising its authority .

JUDICIAL NOTICE.

The cognizance of certain facts which a judge under rules of legal procedure or otherwise (i.e. silent) may properly take or act upon without proof because they are already known to him or because of that knowledge which a judge has, or is assumed to have by virtue of his office. Judicial notice takes the place of proof and is of equal force. It displaces evidence, since it stands for the same thing.

JUS SANGUINIS.

The law of the place of one's descent or parentage. The rule of descent or blood.

JUS SOLI.

The right of the soil or the land. The law of the place of one's birth. See Country.

NATURALIZATION.

The conferring of the nationality of a state upon a person after birth, by any means whatsoever. 8 USC § 1101(a)(23). [click for constitutional (public law) authority> ]

NATURAL ALLEGIANCE.

Allegiance to the sovereign or government of one's native state or country; allegiance by birth.

NONRESIDENT ALIEN.

A person who is neither a citizen nor a resident of this country. An alien who does not reside within the state.

ORGANIC LAW.

Constitutional law or, at least, law which carries a high degree of authority.

SPECIAL APPEARANCE.

An appearance for the sole purpose of objecting to the jurisdiction of the court, not operating as a submission of defendants person to the jurisdiction of the court.

TACIT.

Silent; not expressed; implied.

TACIT LAW.

That law which arises out of the silent consent and the customs and usages of the people. See also Law of Nations.

WITHOUT THE STATE.

Indicating absence from the state or residence outside the state, dependent upon the context of the entire statute or instrument .

BOUVIER'S LAW DICTIONARY, 1856.

ALLEGIANCE.

The tie which binds the citizen to the government, in return for the protection which the government affords him. It is natural, acquired, or local. Natural allegiance is such as is due from all men born within the United States; acquired allegiance is that which is due by a naturalized citizen. Infants cannot assume allegiance, although they enlist in the army of the United States. It seems, however, that he cannot renounce his allegiance to the United States without the permission of the government, to be declared by law. But for commercial purposes he may acquire the rights of a citizen of another country, and the place of his domicil determines the character of a party as to trade. See also Natural Allegiance.

BODY POLITIC, government, corporations.

When applied to the government this phrase signifies the state. As to the persons who compose the body politic, they take collectively the name, of people, or nation; and individually they are citizens, when considered in relation to their political rights, and subjects as being submitted to the laws of the state. When it refers to corporations, the term body politic means that the members of such corporations shall be considered as an artificial person. See Allegiance.

CITIZEN, persons.

One who, under the constitution and laws of the United States, has a right to vote for representatives in congress, and other public officers, and who is qualified to fill offices in the gift of the people. This includes men, women, and children. See Society.

COMMERCE, trade, contracts.

The exchange of commodities for commodities; considered in a legal point of view, it consists in the various agreements which have for their object to facilitate the exchange of the products of the earth or industry of man, with an intent to realize a profit. In a narrower sense, commerce signifies any reciprocal agreements between two persons, by which one delivers to the other a thing, which the latter accepts, and for which he pays a consideration; if the consideration be money, it is called a sale; if any other thing than money, it is called exchange or barter.

COMMONWEALTH, government.

A commonwealth is properly a free state, or republic, having a popular or representative government. It is not applicable to absolute governments. The states composing the United States are, properly, so many commonwealths.

CONTRIBUTIONS, public law.

Taxes or money contributed to the support of the government. Contributions are of three kinds, namely: first, those which arise from persons on account of their property, real or personal, or which are imposed upon their industry; those which are laid on and paid by real estate without regard to its owner; and those to which personal property is subject, in its transmission from hand to hand, without regard to the owner. This is a generic term which includes all kinds of impositions for the public benefit. See Duties; Imports; Taxes.
  • By contributions is also meant forced levy of money or property by a belligerent in a hostile country which he occupies, by which means the country is made to contribute to the support of the army of occupation. These contributions are usually taken instead of pillage.

COUNTRY.

By country is meant the state of which one is a member. Every man's country is in general the state in which he happens to have been born. See State; Nation.

DOMICIL.

The place where a person has fixed his ordinary dwelling, without a present intention of removal. There are three kinds of domicils, namely: 1. The domicil of origin. (domicilium originis vel naturale). 2. The domicil by operation of law, or necessary domicil. 3. Domicil of choice. By domicil of origin is understood the home of a man's parents, not the place where, the parents being on a visit or journey, a child happens to be born. Domicil of origin is to be distinguished from the accidental place of birth. See Jus soli; Jus sanguinis. See also Citizen; Resident; Expatriation.

EXPATRIATION.

The voluntary act of abandoning one's country and becoming the citizen or subject of another. 'Citizens' of the United States have the right to expatriate themselves until restrained by congress; but it seems that a citizen cannot renounce his allegiance to the United States without the permission of government, to be declared by law. To be legal, the expatriation must be for a purpose which is not unlawful, nor in fraud of the duties of the emigrant at home. [click for constitutional (public law) authority> ]

EXPRESS.

That which is made known, and not left to implication. The opposite of implied.

FICTION OF LAW.

The assumption that a certain thing is true, and which gives to a person or thing, a quality which is not natural to it, and establishes, consequently, a certain disposition, which, without the fiction, would be repugnant to reason and to truth. It is an order of things which does not exist, but which the law prescribe; or authorizes it differs from presumption, because it establishes as true, something which is false; whereas presumption supplies the proof of something true.

HABEAS CORPUS, remedies.

A writ of habeas corpus is an order in writing, signed by the judge who grants the same, and sealed with the seal of the court of he is a judge, issued in the name of the sovereign power where it is granted, by such a court or a judge thereof, having lawful authority to issue the same, directed to any one having a person in his custody or under his restraint, commanding him to produce, such person at a certain time and place, and to state the reasons why he is held in custody, or under restraint.

IMMUNITY.

An exemption from serving in an office, or performing duties which the law generally requires other citizens to perform. See Privilege.

INHABITANT.

1) One who has his domicil in a place is an inhabitant of that place; 2) one who has an actual fixed residence in a place. See Domicil; Citizen; Resident.

INSURGENT.

One who is concerned in an insurrection.

He differs from a rebel in this, that rebel is always understood in a bad sense, or one who unjustly opposes the constituted authorities; insurgent may be one who justly opposes the tyranny of constituted authorities. The colonists who opposed the tyranny of the English government were insurgents, not rebels. See Rebel

INSURRECTION.

A rebellion of citizens or subjects of a country against its government.

JURISDICTION, Practice.

A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction. Every act of jurisdiction exercised by a judge without his territory, either by pronouncing sentence or carrying it into execution, is null. An inferior court has no jurisdiction beyond what is expressly delegated. See Venue. See also .

LAW, common.

The common law is that which derives its force and authority from the universal consent and immemorial practice of the people. It has never received the sanction of the legislature, by an express act, which is the criterion by which it is distinguished from the statute law.

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 OF NATIONS.

The science which teaches the rights subsisting between nations or states, and the obligations correspondent to those rights. Some complaints, perhaps not unfounded, have been made as to the want of exactness in the definition of this term. The phrase "international law" has been proposed, in its stead. It is a system of rules deducible by natural reason from the immutable principles of natural justice, and established by universal consent among the civilized inhabitants of the world.

International law is generally divided into two branches:

1. The natural law of nations, consisting of the rules of justice applicable to the conduct of states;

2. The positive law of nations, which consist of:

1. The voluntary law of nations, derived from the presumed consent of nations, arising out of their general usage;

2. The conventional law of nations, derived from the express consent of nations, as evidenced in treaties and other international compacts:

3. The customary law of nations, derived from the express consent of nations, as evidenced in treaties and other international compacts between themselves.

See also Positive Law.

LAW OF NATURE.

The law of nature is that which God, the sovereign of the universe, has prescribed to all men, not by any formal promulgation, but by the internal dictate of reason alone. It is discovered by a just consideration of the agreeableness or disagreeableness of human actions to the nature of man; and it comprehends all the duties which we owe either to the Supreme Being, to ourselves, or to our neighbors; as reverence to God, self-defence, temperance, honor to our parents, benevolence to all, a strict adherence to our engagements, gratitude, and the like. See also Common Law; Unalienable.

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.

See also Law of Nations.

LAW, private.

An act of the legislature which relates to some private matters, which do not concern the public at large. See Jus Privatum.

LAW, public.

A public law is one in which all persons have an interest. See Jus Publicum.

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 liberty is the power to do whatever is permitted by the constitution of the state and the laws of the land. It is no other than natural liberty, so far restrained by human laws, and no further, operating equally upon all the citizens, as is necessary and expedient for the general advantage of the public.

NATIONALITY.

The state of a person in relation to the nation in which he was born. A man retains his nationality of origin during his minority, but, as in the case of his domicil of origin, he may change his nationality upon attaining full age; he cannot, however, renounce his allegiance without permission of the government. See Citizen; Resident; Society; Country; State; Domicil; Nation; Naturalization; Expatriation; and the organic Constitution, Article I, section 8, par 4; Tenth Amendment.

NATIONS.

Nations or states are independent bodies politic; societies of men united together for the purpose of promoting their mutual safety and advantage by the joint efforts of their combined strength. But every combination of men who govern themselves, independently of all others, will not be considered a nation; a body of pirates, for example, who govern themselves, are not a nation. To constitute a nation another ingredient is required. The body thus formed must respect other nations in general, and each of their members in particular. Such a society has her affairs and her interests; she deliberates and takes resolutions in common; thus becoming a moral person who possesses an understanding and will peculiar to herself, and is susceptible of obligations and rights. See also Tenth Amendment.

PERSON.

This word is applied to men, women and children, who are called natural persons. In law, man and person are not exactly synonymous terms. Any human being is a man, whether he be a member of society or not, whatever may be the rank he holds, or whatever may be his age, sex, etc. A person is a man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. It is also used to denote a corporation which is an artificial person. But when the word "Persons" is spoken of in legislative acts, natural persons will be intended, unless something appear in the context to show that it applies to artificial persons.

PROPRIA PERSONA.

In his own person. It is a rule in pleading that pleas to the jurisdiction of the court must be pleaded in propria persona, because, if pleaded by attorney, they admit the jurisdiction, as an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction.

PRIVILEGE, rights.

This word, taken its active sense, is a particular law, or a particular disposition of the law, which grants certain special prerogatives to some persons, contrary to common right. In its passive sense, it is the same prerogative granted by the same particular law.

PUBLIC POLICY.

By public policy is meant that which the law encourages for the promotion of the public good. That which is against public policy is generally unlawful. For example, to restrain an individual from marrying, or from engaging in business, when the restraint is general, in the first case, to all persons, and, in the second, to all trades, business, or occupations. But if the restraint be only partial, as that Titius shall not marry Moevia, or that Caius shall not engage in a particular trade in a particular town or, place, the restraint is not against public policy, and therefore valid. See also Common Law.

REBEL.

A citizen or subject who unjustly and unlawfully takes up arms against the constituted authorities of the nation, to deprive them of the supreme power, either by resisting their lawful and constitutional orders, in some particular matter, or to impose on them conditions. In another sense it signifies a refusal to obey a superior, or the commands of a court. See Insurgent.

REBELLION, crim. law.

The taking up arms traitorously against the government and in another, and perhaps a more correct sense, rebellion signifies the forcible opposition and resistance to the laws and process lawfully issued. If the rebellion amount to treason, it is punished by the laws of the United States with death. If it be a mere resistance of process, it is generally punished by fine and imprisonment.

REPUBLIC.

A commonwealth; that form of government in which the administration of affairs is open to all the citizens. In another sense, it signifies the state, independently of its form of government. In this sense, it is used by Ben Johnson. Those that, by their deeds make it known, whose dignity they do sustain; And life, state, glory, all they gain, Count the Republic's, not their own, See Body Politic; Nation; State.

RESIDENT, persons.

A person coming into a place with intention to establish his domicil or permanent residence, and who in consequence actually remains there. Time is not so essential as the intent, executed by making or beginning an actual establishment, though it be abandoned in a longer, or shorter period. See Alien; Citizen; Country.

Residents are distinguished from citizens; residents are aliens who are permitted to take up permanent abode in a country. De Vattel's, Law of Nations.

SERVITUDE, civil law.

A term which indicates the subjection of one person to another person, or of a person to a thing, or of a thing to a person, or of a thing to a thing. The subjection of one person to another is a purely personal servitude; if it exists in the right of property which a person exercises over another, it is slavery. When the subjection of one person to another is not slavery, it consists simply in the right of requiring of another what he is bound to do, or not to do; this right arises from all kinds of contracts or quasi-contracts. See Servitus.

SERVITUS.

Servitude; slavery; a state of bondage. Servitude is a disposition of the law of nations, by which, against common right, one man has been subjected to the dominion of another . See Servitude.

SOCIETY.

A society is a number of persons united together by mutual consent, in order to deliberate, determine, and act jointly for some common purpose. Societies are either incorporated and known to the law, or unincorporated, of which the law does not generally take notice. By civil society is usually understood a state, (q.v.) a nation, (q.v.) or a body politic.

SOVEREIGN.

A chief ruler with supreme power; one possessing sovereignty. It is also applied to a king or other magistrate with limited powers. In the United States the sovereignty resides in the body of the people.

STATUS.

The condition of persons.

See also Person; Sui Juris; Society; Citizen; Nation; Nationality.

SUBJECT, persons, government.

An individual member of a nation, who is subject to the laws; this term is used in contradistinction to citizen, which is applied to the same individual when considering his political rights.

SUI JURIS.

One who has all the rights to which a freemen is entitled; one who is not under the power of another, as a slave, a minor, and the like. To make a valid contract, a person must, in general, be sui juris. Every one of full age is presumed to be sui juris .

TREASON.

This word imports a betraying, treachery, or breach of allegiance. The constitution of the United States, art. 3, s. 3, defines treason against the United States to consist only in levying war against them, or in adhering to their enemies, giving them aid or comfort. This offence is punished with death.

TYRANNY, government.

The violation of those laws which regulate the division and the exercises of the sovereign power of the state. It is a violation of its constitution.

UNALIENABLE.

The state of a thing or right which cannot be sold. Things which are not in commerce, as public roads, are in their nature unalienable. Some things are unalienable, in consequence of particular provisions in the law forbidding their sale or transfer, as pensions granted by the government. The natural rights of life and liberty are unalienable.

UNCONSTITUTIONAL.

That which is contrary to the constitution.

UNION.

By this word is understood the United States of America; as, all good citizens will support the Union.

USURPATION, government.

The tyrannical assumption of the government by force contrary to and in violation of the constitution of the country. See Black's Government De Facto.

VENUE, pleading.

The venue is the county from which the jury are to come, who are to try the issue. As it is a general rule, that the place of every traversable fact stated in the pleadings must be distinctly alleged, or at least that some certain place must be alleged for every such fact, it follows that a venue must be stated in every declaration. See Jurisdiction.

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