Social rules {law} can be for social control and for safeguarding liberties. Law analyzes definitions, concepts, theories, systems, and reasoning. Law evaluates and criticizes ethics, obligations, and purposes. Law depends on society and history. A society ideal is the rule of law. Most law is about civil procedure and private law, not criminal law, because most conflicts are not criminal. Private law is more open than criminal or administrative law, as to interpretation, fairness, justice, and changing circumstances.
development
Law results from community-leader ability to force people not to use violence to right injustices or reclaim property. Later, controls and practices become customs. Customs protect rights; mete out responsibilities, duties, and benefits; and correct wrongs. Later, customs become law principles. Law principles justify actions, establish rules, define personal rights, and set punishments. Law principles lead to statutes and precedents.
principles
Law is clear, consistent, stable, public, fulfillable, not ex post facto, respected, and general. Law is authoritative, obligatory, fair, reasoned, objective, and true. Lawlessness, anarchy, and totalitarian alternatives are not viable or true.
rules
Law requires definitions and inference rules. Law rules forbid or permit behavior and state punishments. Rules are about contracts, sales, real estate, corporations, torts, and crimes.
types
Law has natural, logical, moral, and cultural aspects. Natural law says humans by nature have dignity and rights. Logical law is precise, consistent, and complete and is about law-rule forms and reasoning. Moral law is correct behavior and attitudes. Cultural law is from tradition and history.
institutions
Law leads to police, courts, and legislatures.
power
Law is about power and money and so involves emotions, which often skew judgments and obligations. Law is repressive and coercive and so automatically against freedom. Law helps propertied and privileged people. Law conceals true power relations between classes and people, by ideology or myth.
politics
Institutions, forms, procedures, courts, and legislation affect consent, sovereignty, authority, and obligations.
society
Legal systems can promote classes or ideologies. Legal systems depend on customs.
language
Law language can be obscure, illogical, untruthful, arbitrary, or rhetorical.
skepticism
Law decisions can not follow rules {rule skepticism}. Law decisions can use facts that do not relate to rules {fact skepticism}.
Laws {natural law}| can flow from order of nature. Natural law uses good, right, and justice to test statute validity.
Government must follow procedures {due process} {due process of law}| to take away Constitutional rights.
law {jurisprudence}|.
People study criminal behavior and punishment {criminology}|.
People can study prisons and detention {penology}|.
courtesy or deferral {comity}.
public good {commonweal}.
People can agree to protect others from loss or to reimburse other people for damages {indemnity}|.
Because law is about truth and justice, law analysis can use only reality and language {legal positivism}, not morals or politics.
New debts, contracts, or obligations can supersede previous ones {novation}.
States hold weapons {object, law} after crimes. People sue ships, not owners.
People can have authorization {proxy}| to act for others.
In law, causes {causation, law} are physical causes. Causes are differences from normal or typical roles or customs. In contrast, responsibility depends policies, intents, and purposes.
Physical causes {conditio sine qua non} can be necessary to facts.
Laws can change by legislation, equity, or legal fiction {law, change}.
Assemblies can pass new statutes {legislation}.
Laws can change by appeals to higher principles against existing laws {equity, law}|.
Laws can change by changing meanings of existing laws to fit new circumstances {legal fiction}|.
State laws can allow localities to decide whether to enforce laws {local option}.
Persons {person, law} can be humans, groups, corporations, or objects. Convention or custom establishes persons. Subjects have equal protection under law.
People control their actions or omissions {responsibility, law}.
crime
Crimes can have premeditation. Crimes can be reckless, negligent, accidental, unwilled, or automatic.
excused
Actions taken under necessity, duress, or superior orders are actions for which one is responsible but are excused actions, if no alternative action is possible, such as escape. Sufficient provocation lessens responsibility but does not excuse the action. People can use moral or political convictions to excuse assassinations, violent demonstrations, and genocide.
excuse: traits
People with abnormal brain function are not responsible. Depression, diminished responsibility, delusion, disturbed mental balance, mind disease, and mental disorder can excuse responsibility.
Legal rights {rights, law} {legal rights} relate to claims, liberties, powers, and immunities. Rights are opposites of duties. Others also have rights, which limit one's rights.
servitude {bondage}|.
citizen rights and responsibilities {civics}|.
citizenship rights {civil rights}|.
Laws {droit} can guarantee rights.
People can stay in forbidden places and remain inactive {passive resistance}|, to protest.
People can indicate that they give up rights {waiver}| {rights, waiver}.
Occupants can acquire property title by occupancy for years {adverse possession}.
Property claims, rights, or interests can transfer {assignment, law}.
Writs, summonses, or court orders can seize property or people {attachment, law}.
People can entrust property to people {bailee}.
People can temporarily transfer personal property {bailment} to trusts, for purposes. Trusts return property after accomplishing purposes.
Family members can have rights {birthright}| to family property.
personal property {chattel}|.
Government can take over private property for public use {property condemnation} {condemnation, property}|, with adequate compensation.
Right to real property can transfer {conveyance}|.
tenancy at will {copyhold estate}.
If no will exists, real property inherits in order among family members {property descent} {descent, property}.
People {devisee} can get real property in wills.
Real-estate owners have right to use neighboring land for defined purposes {easement, law}|.
Landowners can get real estate back {ejectment} from people using land without permission.
States can take private property for public use {eminent domain}|, with adequate compensation.
People can hold property in trust for another {fiduciary}|.
Creditors can attach debtor property, typically wages, so third party, typically employer, sends it directly to creditor {garnishment}|.
Courts can seize and sell property to fulfill judgments {levy}|.
Institutions can own real estate that they cannot sell {mortmain}.
Contract privileges {option}| can allow property purchases at prices within times.
Creditors can transfer title or possession as debt security {pledge, law}|.
not under copyright or patent {public domain}|.
Legal procedures {replevin} can repossess property that someone took or detained.
real-estate ownership, right to immediate possession, or interest {seisin}.
People can have right to use another's property as long as property stays unaltered {usufruct}|.
Laws {national law} can be American, canon, English, European, international, Jewish, Roman, and tribal.
Tribes had laws {tribal law}.
court
Chiefs presided over tribal courts. Chiefs gained right to prevent lawbreaking. Courts gained authority to impose banishment or outlawry on offending persons, to prevent further offenses. Trials by battle or ordeal began, trusting gods to judge high oaths. Courts arose to determine damages injured persons received from offending persons.
crime
For murder, slain person's kinsmen try to punish offender themselves. In tribal societies, injured person's relatives avenged wrong done to persons.
marriage
In tribal societies, marriage was by duel, capture, or purchase.
Personal damages {damages, tribal law} arose from giving injury-causing objects to injured persons.
Tribal family relationships {agnatic family} can include only father's relatives. Agnatic societies had high prostitution.
Tribal family relationships {cognatic family} can include all blood relatives.
Tribal family relationships {enatic family} can include only mother's relatives.
Laws {Jewish law} can depend on Torah and later interpretations. Jewish family relations were agnatic. Fathers had absolute power. Women left their families completely at marriage. Having several wives was common, but later decreased and eventually ended. Women had to have higher moral standards. Large families were desirable.
scriptures {midrash, scripture}|.
Exodus 21:22-25 states: An eye for an eye, a tooth for a tooth, a life for a life, a wound for a wound {lex talionis} {jus talionis} {talion}|. Talion limits revenge or retaliation to same level as injury.
At first, husband's nearest relative had to marry widow. Later, formal procedure {chelitza} allowed husband or widow not to marry.
Jewish people supposedly received laws when God spoke to Moses. Ancient Jewish law {Mosaic Law} is one law basis. Mosaic Law is typical tribal patriarchal law. Mosaic Law limited revenge by rule of talion. Judicial system developed to determine proper revenge for wrongs.
Mosaic Law is Old-Testament first five books {Torah} {Pentateuch}.
Torah {Book of the Covenant} includes Ten Commandments in Exodus and other laws.
Torah includes Ten Commandments in second book {Exodus}.
Torah includes commandments {Ten Commandments} in Exodus.
Scribes wrote Mosaic-law expositions {Mishnah}. Mishnah is practical law. It appeals to high principles, such as equity, fairness, and humaneness. It distinguishes between civil and criminal law. It had harsh criminal penalties but did not use death penalty in later times.
Mishnah extensions {Talmud, Mishnah} have Gemara, Halachah, and Haggadah.
Talmud sections {Halakha} {Halakah} {Halakhah} {Halacha} {Halachah} {Oral Law} record Jewish rabbinic law, customs, and traditions.
Talmud sections {Hagadda} {Haggadah} have scripture ethical, prophetic, religious, and historical content and include benedictions, prayers, and psalms for Passover seder.
Laws {Roman law} differed in Roman Republic and Roman Empire.
crime
In late Republic, courts for specific crimes developed. The worst crimes resulted in exile or capital punishment. Roman law did not presume accused-person guilt or innocence.
In imperial Rome, imperial officials judged crimes. Graduated punishments developed. Consensus established criminal laws. Criminal-law prosecution depended on finding facts.
names
Roman names were given name, followed by gens name, followed by family name.
objects
In Roman law, injured persons got offending animals. Laws did not punish animal owners.
offices
Senate elected all offices with potestas annually. Consuls, praetors, and dictators had no restrictions but had duties. Officials imposed fines up to the limit set by law and issued orders to carry out functions. Same or higher-ranking officials could veto official acts. Large administrative staffs had low rank with little influence.
offices: emperor's court
Emperor had his own court, which took requests for decisions from lower officials and private persons. Imperial orders included obligations in written contracts, anti-divorce laws, marital-gift laws, and illegitimate children. Emperor selected officials from equestrian class.
property law
Under Justinian, all property transfers required no ceremonies, and all property became res nec mancipi.
securities
Rome had no negotiable instruments.
Roman Republic had two citizen classes {Roman classes}, patrician and plebian. Roman Republic first was an aristocracy, with sober, ethical, and patriotic landed men.
Plebians and patricians were equal in power by -300. Plebian, patrician, and equite senatorial class {optimate} became aristocracy.
curia
Under early kings, for religious functions, the people organized into 30 groups {curia} with 10 gens each.
century
The five social classes and the equites had 100-soldier groups {century}. In the social classes, men over 45 were half the centuries. People of certain classes had to bring certain equipment when they reported for compulsory military duty. Patricians and equites had 18 centuries. Less wealthy classes had fewer centuries. Plebians had one century. Later, wealthy had 193 centuries.
Roman Republic had clan members {patrician}| and plebians.
Roman Republic had patricians and other free men {plebian}|.
Aliens {alien, Roman law} were hostile {hostes} or friendly {peregrini}. Clientes were under patrician's legal protection. Praetors used ius gentium in cases involving aliens, because it was universal law. Romans used laws of country from which people came, not laws of country where crime was.
In early Rome, family clans {clan}| were official political units. Family clans were self-governing and enforced clan customs {ius gentilitatis}. Clans {gens} had subclans {domus, clan}, which became independent of original clans. Clan members {gentile, Roman law} had right to vote, take auspices, be priests, make contracts, enforce contracts, make legal marriages {connubium}, and use legis actiones. Clan members had property rights {dominium}. Public laws limited clan chiefs.
Consul, praetor, and dictator had absolute power {imperium, Roman Republic} in military affairs, even over population outside Rome, until -150. The imperium symbol was the fasces.
Legal actions {legis actiones} were wagers on cases {sacramentum}. Legal actions included seizure along with proclamation that something was debt {manus injectio}. Legal actions included attachment to defendant's body {pignoris capionem}. Legal actions included demand for special arbitrator {iudicis aritrive postulationem}. Legal actions included demands for special ways of handling suits {conditionem}. At first, only priests knew law, and legal proceedings were rituals.
Citizens that faced physical punishment appealed to the popular assembly {populus Romanus}.
Laws {Roman Republic law} {law, Roman Republic} were usually senatorial decrees {senatus consulta} or magistrate decisions.
magistrates
Magistrates issued edicts before becoming magistrates, stating how they interpreted laws.
laws: Assembly
Assembly enacted {plebiscite, Rome} some laws {leges}, after presentation from Senate.
laws: injunction
Praetors prevented unlawful acts with injunctions.
laws: types
Laws were divine laws {fas}, moral laws {ius}, and secular laws. Priests and censors administered fas. State administered ius, which was about rightful powers and duties of one human with another.
marriage
In a marriage type {sine manu}, control over wife stayed with wife's father. In a marriage type {cum manu}, control over wife went to husband. Cum manu marriage used a purchase or token purchase. Control was for one year {usus}.
contract
At first, contracts required formal ceremonies. Later, contracts required only promises. Roman law had no bilateral or third-party contracts. Contracts were property transfers {nexum and mancipium}, loans {mutuum}, returnable-item loans {commodatum}, deposits {depositum}, pledges {pignus}, sales {emptio venditio}, hires {locatio condustio}, partnerships {societas}, agencies {mandatum}, and stipulations {stipulatio}. Sales books recorded literal contracts.
property
Property laws about land, livestock, or slaves {res mancipi} transferred in ceremonies. Title to land accrued by property use for periods {prescription, Roman Republic}. Property laws about ships, produce, or tools {res nec mancipi} transferred by tradition or by delivery.
tort
Roman law started imposing penalties for torts, as well as requiring restitution. Restitution was commensurate with dignity loss, not pain or suffering.
tort: negligence
Roman law recognized gross negligence {culpa lata}, as carelessness. Roman law recognized minor negligence {culpa levis}, as poorly conceived or executed action. Roman law recognized contributory negligence.
interest
Simple interest was 12%.
Province aediles and governors published edicts {edict, Roman}|, stating legal principles, protecting rights and claims, and providing remedies. Over time, edicts developed standard formats.
Laws {ius civile} can be about rightful powers and duties of one human with another. New laws can supersede old laws but not violate ius civile. If act was legal under ius civile, new laws about that act either forbade act but did not invalidate act {imperfect law} or penalized act but did not invalidate it {less than perfect law}. Traditional laws, customs, and institutions applied to citizens.
Praetors used law of nations or law of foreigners {ius gentium} in cases involving aliens, because it was universal law. In later Republic, this law began to apply in civil cases as well. Romans used laws of country from which people came, not laws of country where crime was.
Praetors stated legal principles, protected rights, protected claims, and stated lawful remedies {praetorian edict, Roman Republic}. Over time, praetorian edicts developed standard formats. Praetors allowed stipulations before trials. Praetors developed the idea of good faith {fides}. Praetors issued decrees to set aside formal-transaction consequences, especially for minors and debtors. Praetors examined claims before trials. Private citizens acted as judges, with praetor protection and authority.
Praetors and aediles developed law {ius honorarium} {ius praetorium} {praetorian law} [-250], as new situations arose. Praetorian law included general law principles, which applied especially to aliens. Ius praetorium was ius civile supplemented by equity law and natural law.
Roman Republic had officials {Roman Republic officials}. Wise men contributed to law by giving opinions, and rationalized old law to new situations {responsa prudentum}. Lawyers used law of Rome, not provinces. Lawyers were conservative and in agreement about laws. Lawyers drafted wills and business transactions {cautelary practice}. Orators {advocati} specialized in pleading cases in court.
In emergencies, Senate elected one consul {dictator}|, who received unlimited power. Dictator named a soldier and cavalry leader. Dictator had to resign after emergency ended, or after six months. Later, laws checked dictator's power.
Senate elected two praetors {consul, Roman law}| as chief magistrates. Consuls commanded the army [-367]. In war, consuls had absolute power, but, in peace, they consulted with Senate and tribunes. Before nomination before Assembly, religious auspices tested proposed consul.
At first, Assembly delegated right to govern {imperium, praetor} to two magistrates {praetor}|, typically clan chiefs. Praetors had unlimited power {potestas}. Praetors could veto each other.
Later, Senate elected praetors for one year. Praetors administered justice and were just below consuls in power. Later, Senate elected more praetors to be judicial magistrates.
civil case
In later Republic, praetors heard cases more informally than under legis actiones. They wrote cases for trial judges, in standard forms {formula, law}. Judges then decided. The only appeal was to show that judges had decided improperly.
Two men {quaestor}, one for finance and one for administration, were assistants to consuls. Chief magistrate appointed a temporary quaestor to investigate murder.
Two men {censor, Roman law}| counted population {census, Rome}, had five-year terms, typically were former consuls, decided citizen class and tribe, listed senators, had power to remove bad senators, had power of official censure, and controlled morals.
Four men {aedile} managed archives, police, and markets, but had no imperium.
After plebian unrest, Senate created protectors {tribune}| of plebian rights. At first, there were three tribunes, then five, and later ten. The plebian assembly elected tribunes annually. Tribunes could veto Assembly acts. Tribunes were safe from imperium, vetoed magistrates, submitted bills to plebian assembly, and prosecuted criminals. Tribunes acted independently. Tribunes had power only inside Rome.
Senators {Senate} were members for life, unless Senate removed them for bad conduct. Retired consuls and censors became Senators. Senate always had 300 members. It had power to establish martial law and elect dictator in war. It controlled policy, land distribution, treasury, and colonies. Senate met often. Senate at first had only patricians. Later, wealthy men who ranked just below patricians {equite} joined Senate. Roman fasces has SPQR "senatus populus que romanorum" (Senate and people of Rome).
Lenders cancelled loans if ships sank {bottomry}|.
In Hadrian's time, less formal proceedings {causa cognitio} {cognitio} replaced standard forms of presenting cases to trial judges. Praetors investigated cases and stated relief granted by law. Parties submitted written pleadings to judges. Judges ruled. System allowed appeals.
Separate official courts {cognitio extraordinaria} formed. Officials, not private judges as before, gave judgments. Judgments were for specific performance, not just damages. Emperor controlled courts.
Rome had artisan guilds {collegia}.
Romans took some German tribes {foederati}, such as Goths in north Balkans, into service.
Farther regions {province}| became more important in Roman Empire. More people, mostly honorably discharged army veterans, became citizens.
Emperor's court took written requests for decisions from lower officials and private persons and returned written answers {rescript}. Rescripts received the force of law under Hadrian.
Church law {canon law}| {church law} uses Christian concepts and Roman judicial-procedure law. For disputes between Church and state, parties can use church or territorial law.
Church writers {Apologists} wanted Church to be supreme in both spiritual and civil matters. St. Augustine wanted Church to be supreme only in spiritual judgments.
Early religious societies {ecclesia, religion}| developed laws {ecclesiastical law} that became canon law.
Catholic Church altered trial forms {Catholic Church court}, by ending compurgation and ending trial by ordeal or battle. Church used written pleadings, witnesses, and written evidence. Canon law helped change from accusatorial systems, in which injured parties make complaints against other parties, to inquisitorial systems, in which prosecutors bring complaints to courts.
Catholic Church had, and still has, a council {Chancery}. A Cardinal Chancellor, second to Pope, heads the Cancellaria.
Sacra Romana Rota {Rota} is the highest church court.
Europe's legal system {European law} is inquisitorial.
Continental legal systems {inquisitorial system}| depend on ascertaining case facts. Public prosecutors present facts to courts. Prosecutors have more power than in English law. Proceedings are formal and can be secret. European law presumes that accused persons are guilty. Governments can keep accused persons in custody, and accused persons have fewer rights than in English law. Presiding court judges give judgments.
Law not in accord with public good {mala} has no enforcement.
Merchant law {customary law} developed from merchant customs, separate from feudal law and manor law. King or Church sanctioned customary law, to be in accord with natural law and public good.
In France, notaries {notary}| are combination lawyers, court clerks, and judges.
England's legal system {English law} is accusatorial.
Legal systems {accusatorial system}| can accuse people of offenses. Trials are in open courts. Prosecution files complaint against person. Defense answers complaint. Judges' decisions are crucial {legal realism} and can depend on higher authority than written law. Against evidence, custom, majority will, and previous law interpretations, judges can modify law, based on equity and justice.
Laws {case law, English} {common law}| can be about court decisions and society customs, not statutory or regulatory laws. The rule is stare decisis (stand by decided cases), using laws established by previous decisions. Judges settle new cases by extending laws from previous cases but abandon bad precedents. They evaluate how current case differs from, and is similar to, previous cases. Precision and justice have equal value. Britain, United States, and Commonwealth countries use English common law.
county courts {assizes}.
chancellor's court {chancery}|.
legal organization {bar, lawyer}.
In English courts, persons {avoué} {solicitor}| draw documents, prepare cases, and consult barristers. Solicitors are not bar members.
In English courts, solicitors consult second persons {avocat} {barrister}|. Only barristers can be bar members and give law opinions. Only barristers can become judges. Barristers provide opinions to solicitors, recommend for or against going to trial, and conduct trial.
Barristers {junior, barrister} can go higher {leader, barrister} {King's Counsel}, through regulated processes {taking silk}. Juniors prepare pleadings and lesser tasks for leaders. Leaders get double fees. Taking in silk is hiring a leader.
Laws {American law} can include Constitution.
courts
Constitution establishes Supreme Court and lesser courts.
rights
Arresting officers must state accused person's rights before arrest and/or asking questions. Rights {rights, accused} are: right to remain silent, right to know that court can use whatever he or she says against him or her, and right to attorney. Arrested persons can claim or not claim rights {waive rights}. Courts can provide free lawyers.
USA has basic laws {Constitution, USA}. Constitution requires states to recognize other-state laws and actions. It requires states to be republics. It prohibits discrimination against visitors from other states.
Writs {attainder writ} {writ of attainder} can deprive persons of civil rights. Constitution prohibits attainder writs. Only convicted felons lose civil rights.
Constitution prohibits retroactive laws {ex post facto law, Constitution}.
States can return wanted people to other states {extradition}|.
Constitution guarantees persons writ of habeas corpus {habeas corpus, Constitution}.
House-of-Representatives recommendations and Senate trials, needing two-thirds majorities, can remove federal judges or President {impeachment, Constitution}|.
Constitution guarantees jury trials {jury trial, Constitution} in criminal cases and requires trials to be in states where crimes were.
States have no rights to declare federal laws unconstitutional {nullification}|.
People can betray their country {treason}|. Constitution protects subsequent generations from guilt of people convicted of treason.
Constitution has first ten amendments {Bill of Rights}.
Constitution amendment {1st amendment} in Bill of Rights guarantees freedom of religion, freedom of speech, freedom of the press, right to assemble peacefully, and right to petition government for redress of grievances. It prohibits state religion.
Constitution amendment {2nd amendment} in Bill of Rights guarantees that government shall not infringe on right to keep and bear arms, based on need for well-regulated militia.
speculation
Perhaps, to resolve controversies about the amendment, USA can call National Rifle Association (NRA) members a militia. Such militia regulate and train members. All gun-owners must belong to NRA or other militia. NRA and government can then work together, so militia members can keep and bear arms and otherwise enjoy their weapons in ways acceptable to militia, and citizens can expect to live in unarmed societies.
Constitution amendment {3rd amendment} in Bill of Rights prohibits troop quartering in homes, except during war as prescribed by law.
Constitution amendment {4th amendment} in Bill of Rights prohibits unreasonable searches or seizures and requires sworn search warrants stating reasons for searches or seizures, places allowed for searching, and objects to find. It guarantees privacy in homes.
Constitution amendment {5th amendment} in Bill of Rights prohibits prosecution for serious crimes, except in war or public danger, unless grand jury indicts person. It prohibits retrial on same grounds as first trial. It prohibits compelling people to testify against themselves. It prohibits depriving people of life, liberty, or property without due process of law. It prohibits arbitrary or harsh laws. It prohibits taking private property for public use without just compensation but does not abridge eminent domain.
Constitution amendment {6th amendment} in Bill of Rights guarantees speedy and public trials, with impartial juries of citizens of existing political district of crime location. It guarantees right to counsel. It guarantees that accused know prosecution nature and cause. It guarantees that prosecution witnesses confront accused directly, to allow cross-examination. It guarantees that accused can compel witnesses to attend trial.
Constitution amendment {7th amendment} in Bill of Rights guarantees jury trials for criminal cases involving common law and civil cases involving more than $20. It prohibits reexamination of facts determined by juries. It allows appeals only about admissible evidence, law procedures, or laws.
Constitution amendment {8th amendment} in Bill of Rights prohibits excessive bail and prohibits cruel or unusual punishment.
Constitution does not deny or limit rights omitted from Constitution or first eight Bill-of-Rights amendments {9th amendment}.
Constitution amendment {10th amendment} in Bill of Rights grants rights not expressly granted to the federal government, and not expressly denied to states, to the people and states.
Constitution amendment {11th amendment} prevented citizens of one state from suing another state in Supreme Court [1798].
Constitution amendment {12th amendment} defined election procedures for President and Vice-President [1804].
Constitution amendment {13th amendment} abolished slavery [1865].
Constitution amendment {14th amendment} granted all people born or naturalized in USA citizenship and gave all people equal protection under law and equal rights [1868].
Constitution amendment {15th amendment} guaranteed right to vote to people of any color, race, or previous status, such as having been slaves [1868].
Constitution amendment {16th amendment} allows Congress to require income tax from any income source, without using the census or state-apportionment formulas [1913].
Constitution amendment {17th amendment} requires direct election of senators, not election by state legislature [1910].
Constitution amendment {18th amendment} imposed prohibition, as enforced by National Prohibition Act or Volstead Act [1919].
Constitution amendment {19th amendment} gave women right to vote [1920].
Constitution amendment {20th amendment} amended the 12th amendment to make Presidential terms begin on January 20, rather than March 4, and give newly elected Congress responsibility to choose President and Vice-President if Electoral College vote is inconclusive [1933].
Constitution amendment {21st amendment} repealed prohibition [1933].
Constitution amendment {22nd amendment} limits Presidents to two terms [1951].
Constitution amendment {23rd amendment} allows the District of Columbia to elect electors for President and Vice-President [1961].
Constitution amendment {24th amendment} prohibits poll taxes or other taxes that condition the right to vote in federal elections [1964].
Constitution amendment {25th amendment} specifies the line of succession to the Presidency and Vice-Presidency and the methods of selection [1967].
Constitution amendment {26th amendment} set 18 as voting age [1971].
Constitution amendment {27th amendment} prohibits representative salary increases from applying to current Congress [1992].
Laws {international law} can apply to state relations.
public international law
Public international law governs nation relations. Public international law includes state recognition, responsibilities, succession, and jurisdiction. It is also about treaties, diplomacy, immunities, consuls, arbitration, aggression, criminal law, territorial waters, high seas, air space, space, aliens, nationality, and asylum.
public international law: rules
Most rules have wide acceptance, but they are actually unenforceable. Rules developed from customs and international-jurist decisions. Treaties and conventions determine international law.
public international law: war rules
War rules rest on three principles: military necessity, humanity, and chivalry. In ancient times, war was neither just nor unjust and had no regulations. After World War II, soldiers can be responsible for acts committed on command of superiors. Aggressive wars are now crimes, and its makers are criminals.
rivers
On rivers shared or needed by several nations, countries have right of freedom of navigation. Main river-channel center is boundary between two nations.
maritime law
Actions in maritime law are against ships themselves, not against owners or operators. Liability limit is ship and cargo value. Ships are territory of country of registry, except when in port.
travel
Airplane, ship, and railway passengers have freedom of transit. Panama, Suez, and Kiel canals are international and neutral, so passengers and vessels have right of innocent passage.
persons
Individuals in other countries can only ask their governments to deal with other governments. Individuals cannot act against citizens or governments in other countries. Refugees and displaced persons have no rights, because they have no home government. Public international law is not about citizen rights.
Governments represent states {state, nation} {nation, state}. States are geographic areas with autonomous governments that enforce laws and protect public health, safety, and morals.
types
States can be democracies, republics, kingdoms, aristocracies, empires, meritocracies, dictatorships, or totalitarian states.
protections
States protect health by children's programs, hospitals, and research support. They protect safety with army, police, and courts. They control crime within state, prevent war from without state, and prevent rebellion within state. States protect morals by regulating gambling, drug use, animal cruelty, pornography, prostitution, and sodomy, to prevent harm to people and to set tone of social life.
force
States maintain order in territory and use force, if necessary, to cause obedience to authority and law. States must have majority of force within borders. States can control people and their behaviors. States try to preserve themselves against outside forces, typically from other states.
recognition
Other nations recognize states and/or governments. Recognition by other states can be in fact {de facto, recognition} or by law {de jure, recognition}. In civil war, other states can recognize both parties as belligerents.
Someone in states can have legitimate authority {sovereignty}| over territory.
Either birthplace or parent nationality can determine nationality {citizenship}|, causing possible conflict.
Citizens {alien, foreigner}| of one country living in another country deserve protection under host-country laws. Aliens can receive reparations from host country, after exhausting all local remedies. England and USA require that their citizens always have basic rights, wherever they are. Calvo Doctrine is in Latin America.
Foreign-country soldiers {armed forces}| stationed in host country are units of foreign state but must obey local laws. Countries can prosecute or judge such armed forces only with foreign-state consent as defined in treaties.
In Latin-American countries, aliens have no protection under international law and are like nationals under local laws {Calvo Doctrine} {Calvo clause}.
Citizens can only ask their governments to request reparations {compensation, reparations}| from other governments. Compensation basis is supposedly offended government dignity.
Private international-law rules can depend on permanent residence location {domicile}|. Domicile rules caused USA and England not to accede to some private-international-law treaties.
People or objects can be on a state's land but not completely under that state's jurisdiction {extraterritoriality}|, through immunity grants. Ambassadors have immunity.
International law recognizes no right {easement, state}| of public or other-state access by a state's land.
Countries can prohibit things from being carried between two points inside their territory {cabotage}|.
States can own land regions {territory}| that are not states. States can rent territory from other states {lease to state}.
sovereign
States hold territory and have rights in territory. State territory is sovereign property. Sovereignty requires desire and intention to own land and exercise control over land.
territory acquisition
State land occupation can acquire territory. Prescription can acquire territory. Unoccupied-land occupation can acquire territory. Long possession time, without other nations expressing territory rights, can acquire territory. Cession or transfer from one state to another state can acquire territory. After subjugation or conquest, annexation can acquire territory. Accretions and acts of nature can acquire territory. Land discovery can acquire territory.
Regions {trust territory} can be controlled by another country by agreement of all countries.
Territory discovery confers right {inchoate title}| to have time to settle territory.
Territorial seas can extend to 3, 12, or 200 miles from shoreline {territorial limit}|.
States hold their internal waters and territorial seas {territorial waters}|. Bays are in internal waters. Other-nation vessels have right of innocent passage through territorial waters. Currently, all nations control their territorial sea floors. Nations have also established contiguous or customs zones beyond their territorial waters.
Exchanges can be at neutral areas {trading area}|, with laws established by traders.
Landlocked states have right of access to sea {access to sea right}.
Atmosphere {air space}| over states is under state sovereignty. Others have no right of innocent passage through air space. Right to use air space requires international treaty.
Countries can make contract-like agreements {international agreement}, except that they can be valid if made under duress. International agreements can be treaties, conventions, acts, declarations, or protocols. First, authorized diplomats sign agreement, and then home governments ratify it.
Laws {private international law} of relations between citizens of different nations {conflict of laws}| and between aliens and states have developed.
location
Courts use laws, procedures, and remedies {law of the court} {lex fori} of location where plaintiff files action. Document interpretation uses law of place where parties executed contract {lex loci contractus}, where parties executed document {lex actus}, or where property is {lex situ}. Private international law rules can depend on domicile.
treaties
Nations have treaties about private international law. Most such laws use citizenship and nationality to determine which laws apply. Domicile rules caused USA and England not to accede to some private-international-law treaties.
International agreements can be conference agreements {act, conference}.
International agreements can be less formal {convention, law}| {pact, law}.
International agreements can be law-making agreements {declaration, law}|.
International agreements can be supplements to, or minutes of, meetings {protocol, law}|.
International agreements {treaty}| can be formal. Other states can accede to major treaties. States can accede to treaties with reservations or conditions. Parties can intend that treaties end in certain circumstances {rebus sic stantibus}.
Merchant law {commercial law}| has international acceptance. In ancient times, olive branch or peace pipe showed trader peaceful intentions. Then exchanges were at neutral trading areas. Then market districts and traders established laws. Most European commercial law depends on Roman law. In Europe, commercial law is separate from other law and uses special courts.
Maritime laws {maritime law}| have international acceptance. Anyone can arrest pirates, as offenders against international law.
Three resolutions {Uniting for Peace Resolutions} allow General Assembly to pass recommendations, by two-thirds vote, if Security Council fails to act.
Third party can dictate terms to two states {arbitration, law}| {judicial settlement}, after they agree beforehand to abide by the decision. Arbitration types include good office, mediation, and conciliation. Permanent Court of Arbitration is official set of arbitrators.
Documents {compromise, law}| can record dispute settlements.
Arbitration can use a commission, of members from states and third parties, to propose a settlement {conciliation}|.
Arbitration can use a go-between to make and carry proposals {good office}|.
Arbitration can use third party to find compromise {mediation, law}|.
People {diplomat}|, such as ambassadors, can be official representatives of one state to another state. Diplomats must be acceptable to receiving state.
Non-diplomats {consul}| in diplomatic missions handle sending country's affairs but are not official state representatives. Consuls have immunity for official acts. Consuls have right of privacy for themselves and documents.
Host countries can only prosecute diplomats if foreign country grants permission {diplomatic immunity}|.
Missions {diplomatic mission} in other states are not sending-country territory but do have some immunities. Consulates and embassies are free from local taxation.
Diplomacy depends on sending accredited representatives {legation}| of one nation to another nation, using letters of credence.
Diplomacy depends on sending legations to other nations, accompanied by certifying documents {letters of credence}.
States can be independent, federate with other states, or depend on other states {state, relations}. Dependent states can be colonies or protectorates. United Nations can establish protectorate trusteeships. States can have suzerainties or territories. States can rent territory from other states, by lease.
equal status
States, large or small, are equal {equal status} under international law. Territories, protectorates, dominions, and states of unions do not have equal status.
self-defense
States can fight back against other states in case of immediate need, if action is only for protection {self-defense, state}.
States can enter other states or dictate to other states through treaty {intervention}|, for self-defense, in reprisal, or for citizen protection.
States can blockade other states or impose embargos {reprisal, law}|, in response to hostile acts.
States can engage in legal acts against other states {retorsion}|, in reprisal for legal acts.
States can seize property or people {seizure, law}|, in response to hostile acts by other states.
States can conquer or take over other states {succession of states}|. New state must respect property rights, take over old-state obligations, and renegotiate all treaties.
Dependent states {colony, state}| can be another state's dependent possessions.
Neutral states {neutrality}| are neutral only by international treaty.
Dependent states {protectorate}| can have native governments protected by another state. Currently, few protectorates exist.
Other states can control dependent states but not own them {suzerainty}|. Currently, no suzerainties exist.
United Nations can establish protectorates {trusteeship}|.
An international confederation {United Nations, law} has a General Assembly, Security Council, Economic and Social Council, Secretariat, and International Court of Justice.
international councils
Economic, Social, and Cultural Organization (UNESCO), International Atomic Energy Agency (IAEA), International Bank for Reconstruction and Development (IBRD), International Civil Aviation Organization, International Labor Organization (ILO), International Maritime Consultation Organization, International Monetary Fund (IMF), International Refugees Organization (IRO), International Telecommunication Union, Universal Postal Union, World Health Organization (WHO), and World Meteorological Organization are international organizations.
A United-Nations agency {Economic and Social Council} coordinates special agencies and upholds rights and freedoms.
United Nations has a budget-making part {General Assembly}.
An international court {International Court of Justice} has 15 judges. Terms are three years. Court can decide cases using equity and justice {ex aequo et bono}. Only nations can use it, and it is purely voluntary.
United Nations has a civil service {Secretariat}.
United Nations has a council {Security Council} to uphold peace.
Agreements {contract, law} can be between two or more competent parties to perform or not perform legal acts, now or in the future. Contracts are enforcable in courts. Contracts have promises and acts. Contracts are civil relationships between parties, so contract breaches are not crimes.
types
Contracts {unilateral contract} can be one person's promise in exchange for another person's act. Contracts {bilateral contract} can have promises by both parties.
validity
For valid contracts, one party offers, and other party accepts. Offers must be serious and objective, not from anger, joking, or excitement. Opinions, intentions, preliminary negotiations, advertisements, and catalogs are not offers. Offers must have definite terms, sent to other party. Consideration must induce agreement. Both parties must have contractual capacity. Contract terms must have legality. To be enforceable, contracts must have genuineness. To be enforceable, contract format must accord with law.
express or implied
Contracts {express contract} can state action to perform and compensation to give. Contracts {implied contract} {implied-in-fact contract} can allow party to perform any action and to charge any reasonable fee, to complete desired goal in whole or part. Both express and implied contracts are valid.
For implied contracts, plaintiff furnishes service or property. Plaintiff expects pay, and defendant knows that plaintiff expects payment, by objective-theory-of-contracts test. Defendant does not reject service or property.
termination
Offers can terminate by revocation or replacement by counteroffer. Offers can terminate by time lapse, property destruction, either party's incompetence or death, or illegalities.
breach
Breaching contract can be failing to fulfill promise to act, not act, or provide consideration.
breach: settlement
Parties can execute substitute agreements {accord and satisfaction, settlement}. Parties can agree that, for consideration, one party in good faith forfeits right to pursue legal claims {release of contract} {contract release}.
interpretation
In contract interpretations, words have usual meaning in context, ambiguous words have meaning most unfavorable to party that used them, and written words and numbers supersede printed ones.
People can be unable to make contracts {inability, contract} {ability, contract}. People declared legally insane cannot make contracts. Minors, below legal age of 18 or 21, have limited legal capacity to contract. Minors must uphold contracts in which they claim they are adults, if appearance supports claim. Drunks have limited legal capacity to contract.
voiding
Minors, drunks, and not-yet-legally insane can void contracts by showing partial legal infirmity. However, other party must uphold such contracts.
necessities
People with limited capacity to contract must uphold contracts that supply them with necessities.
Offer acceptances {acceptance} {agreement, contract} form contracts. Offer rejections terminate offers. Offering terms determine acceptance means. Offeree must know and perform acceptance conditions set by offerer. Accidentally performing offer conditions is not acceptance. Contract goes into effect when offeree puts agreement to accept offer in the mail, gives it to telegraph clerk, or telephones, before offerer actually receives acceptance. Silence can never be contract acceptance. Contracts that require someone to do or say nothing are not valid contracts.
Agreements {articles of agreement} have written terms.
Acts or promises {consideration} are inducements for offerers and offerees to enter contracts. Consideration must have value, result from bargaining, and be expressly in exchange for other party's promise or act. Consideration must give substantial benefit to receiver and substantial detriment to giver. Considerations cannot be past actions. Considerations cannot be duties that parties must do already. Considerations cannot promises with no consequences. If unequal values exchange, contracts are not enforceable.
Both parties must be competent to make contracts {contractual capacity}.
contract {covenant}|.
For contracts to be enforceable, offers and acceptances must be genuine {genuineness}.
Contracts cannot violate laws {legality}. Contracts about illegal actions are void.
Words and actions mean what reasonable people think they mean {objective theory of contracts}.
Contract offers {offer} must give definite and essential terms and have promises to perform acts for other party. Contract offers end automatically after three months, unless offer specifies date. Offers can end by offer withdrawal, offer rejection, or offerer's death. Negotiations do not imply offers.
Legislation can add clauses, or contracts can have amendments {rider}|.
People can unjustifiably fail to perform contract promises {breach of contract}|. Failure can be entire or partial. Courts typically award compensation for damages to injured parties equal to contract value. Court orders to force contract performance are rare, when damages cannot adequately compensate, typically for unique land, antiques, or art works. Contract parts can be unenforceable.
After breach of promise, injured party can ask courts to require execution {performance}| of promised act.
Both parties can make an agreement {covenant not to sue} not to begin legal action.
Written or oral statements not in signing contracts cannot be evidence to interpret contracts {oral evidence rule}. The oral evidence rule does not apply if contracts involve fraud, duress, or illegal actions. It does not apply if statements clarify vague or ambiguous terms or show that contract does not include all terms.
After breach of promise, injured party can ask for lost value {damages, law}.
Damages {compensatory damages}| can compensate non-breaching party for injuries actually sustained and proved to have arisen directly from losses resulting from contract breach. For breached sales contracts, compensatory damages are typically difference between contract price and market price.
Damages {consequential damages}| {special damages} can compensate non-breaching party for additional contract-breach-caused losses that resulted from special circumstances. To recover consequential damages, breaching party must know, at time contract begins, that special circumstances may cause non-breaching party to incur additional losses on contract breach.
Plaintiff must do whatever is reasonable to minimize damages caused by defendant {mitigation of damages}|. Damage mitigation allows injured party to try to reduce damages caused by breaching party, but breaching party is still liable.
Damages {punitive damages}| can punish breaching party. Courts typically award punitive damages only for torts.
Contracts {executory contract} have acts and promises. After acts and promises finish, contracts are executed contracts.
Promisor's wax seals can witness contracts {formal contract}, but this is rare.
Contracts {valid contract} are valid and enforceable only if the following conditions are met. Parties must be legally able to make contracts. Contracts must have offers, acceptances, promises to do or not to do something by each party, and inducements by parties to honor contracts.
Laws can nullify contracts {null contract}. Null contracts exist but are not legal or enforceable.
Contracts {void contract} can be not legally binding on parties, because contract violates law. Void contracts do not exist, and thus are not enforceable.
Valid contracts {voidable contract} can allow parties to void contracts.
Statute of Frauds requires certain contracts {written contract} to be in writing to be enforceable: land sales, land-interest transfers, performance taking more than one year, debt-payment guarantees, estate executor or administrator contracts, and high-priced sales. Existence of oral contracts is hard to prove.
Lawsuits can be about wrongs {tort, law}| {delict} done to people or property. Wrongs must violate lawful rights. People who commit torts are liable and pay compensation. Compensation can be for time lost, bodily injury, illness, or mental anguish.
People ordinarily do not have to aid or protect others {non-action, law}. However, private property owners must help or protect people on their land, common carriers must help and protect passengers, and innkeepers must help and protect guests.
Acts can be wrongful or unlawful {malfeasance}|.
Lawful acts can have negligent performance {misfeasance}.
People can not act when required {non-feasance}.
Lawful situations can involve duties to be careful. People can claim that other people were not careful, or not careful enough {negligence}|. People can act with recklessness {gross negligence}.
cause
Conduct and wrong must have a causal relation {proximate cause}. Negligence can result from negligent acts, failures to act when acting is a duty, acts done by machines or objects controlled or owned by people, acts done by agents or employees while doing their jobs, accidents from defective machinery, or dangerous activities.
defense
Half of states prevent vehicle passengers from suing for negligence. In those states, passengers can sue only for gross negligence.
Torts {nuisance}| can claim annoyance, damage, or danger by the manner in which owners use their property.
Defamation, deceit, assault, battery, trespass, conversion, and false imprisonment involve intentions {intentional torts}|. Contract breaches are not torts. Land, tangible, and intangible personal property have different treatments in law. Land is real property. Tangibles are cars, clothing, appliances, and jewelry. Intangibles are stocks and bonds.
Fear of injury {assault}| does not require physical contact. Victims must be aware that they are under threat, and other person must be able to harm them. Words alone are not assault.
Intentionally caused physical injuries {battery, law}| do not require fear of injury. Unauthorized surgeries can be battery. Battery does not apply if victim consents first.
Unlawful detention against will {false imprisonment}| completely prevents doing normal activities. Laws against shoplifting modify rights against false imprisonment to allow stores to detain suspects.
Intentional torts {deceit} {fraud}| can be making false statements, knowing they are false, and making them to get someone to act or not act. Victims must have relied on statements to act or not act, and damages must result.
Consumers that have signed sales contracts can only break contracts for fraud, which is difficult and costly to prove. Seller deceptive practices do not allow buyers to break contracts.
People can deprive owners of personal-property use or possession {property conversion} {conversion of property}|. People must receive permission to use, change, or remove personal property. Even if people have legal possession of another's property, owners must consent to uses. However, conversions can have just causes.
types
Torts include altering, destroying, or disposing of personal property without owner consent. Torts include refusing to return personal property after owner demand, if demand is reasonable and owner identity is clear.
recovery
If owners recover converted property, owners can still sue, but damages decrease.
Copyrights apply to Literary works, musical works, dramatic works, pantomimes, choreographic works, video and sound recordings, art works, architectural plans, menus, product packaging, and computer software are owner property {copyright protection}|. Works must be original and be in "durable" media that allow communication. Copyright protection is automatic, so people do not need copyright registration.
People can steal small items from stores {shoplifting}|.
Customer lists, plans, research, development, pricing information, marketing techniques, and production techniques are personal property {trade secret}|. Company trade secrets can be anything valuable that competitors can use. Torts arise if people use or disclose trade secrets without permission after improper means of discovery or after receiving secret confidentially.
People can use trademarks without permission {trademark infringement}|.
People can take or use personal or real property {trespass}|, without depriving owners of property or use. Entering real private property without owner consent does not require harm to property to be trespass. Trespass committed by mistake is still trespass. Trespass happens when animals walk on property, people use shortcuts, and children play.
Intentional torts {communication, tort} can be communications to other people that result in, or tend to result in, defamation or ostracism.
Communications can result in, or tend to result in, avoidance and shunning {ostracism}|.
Communications can result in, or tend to result in, public hatred, shame, or ridicule {defamation}|. Slander and libel are different. Publication presumes libel damages, but plaintiff must prove slander damages. Actual statement truth is a defense, but belief in statement truth is not a defense. While performing their duties, judges, legislators, and executive officials have privilege of making defamatory statements. Individuals can freely comment on public officials' actions, as long as they intend no actual malice.
written defamation {libel, tort}|.
oral defamation {slander, defamation}|.
People who commit torts are responsible {liability, tort} for effects of wrongs. Liability includes intentional wrongs, negligent wrongs, and wrongs without fault.
States can make car owners liable for damages if drivers have owner consent. Heads of household can be liable for all family driving {family car doctrine}.
Actions can have foreseeable consequences, not directly intended {oblique intention}, which are people's responsibility.
Situations can have results that, by themselves {res ipsa loquitur} (things speak for themselves), infer or prove negligence, requiring no witnesses.
Liability can result if people did wrong for a purpose {intentional wrong}|.
Liability can result if people are not careful {negligent wrong}.
Liability can result if wrongs {wrong without fault} {liability without fault} happen on or with people's property. Wrongs without fault include damage caused by dangerous machines or objects, dangerous activities, and dangerous animals. If animal is not normally dangerous, liability results only if owner knew that it had become dangerous.
Liability without fault includes injuries to third parties caused by persons, to whom sellers sold intoxicants {Dram Shop laws}.
Defenses {tort, defenses} are against negligence and intentions.
negligence defenses
People claiming negligence can be negligent {contributory negligence}. The last person that can avoid the wrong is liable for it {last clear chance}, even if inattentiveness or contributory negligence caused plaintiffs not to escape. Proving contributory negligence causes no damage award in most states, except for gross negligence.
People can know risk exists but willingly do actions {risk assumption} {assumption of risk}.
In several states, parties can have different negligence degrees {comparative negligence}. Comparative negligence reduces damages defendant must pay in proportion to plaintiff's negligence.
intention defenses
Intention defenses are privilege, victim consent, self-defense, and property defense. These defenses admit tort but exempt defendant from paying damages.
Victims can implicitly or explicitly agree to acts {consent, victim}|.
Law enforcement officials have right to do their duties under law {legal justification}|.
Actions can be in the public interest {privilege}|.
Defendants have rights to perform actions to protect themselves from real or apparent danger {self-defense, person}|.
More urbanized, diverse, and disorganized areas have more crime {crime factors}.
Society contains people {criminal} that persist in crimes.
criminal behavior
Criminals perceive themselves as law-breakers. Criminal behaviors have likely situations, people, and harm levels. Criminal-behavior study assist law enforcement to punish criminal behavior selectively, use limited resources optimally, and maintain good relations with the public. Police target worst crimes, high profile crimes, and specific people.
People's behavior can violate written laws {criminality}. Criminals need opportunity, motive or desire, and victim.
Perhaps, crime is like disease. Criminals need quarantine and treatment, under medical supervision, until they have no disease, with no fixed jail terms. Psychological and biological methods can continue for criminal's lifetime. As with diseases, criminals must stay in particular environments. Criminals must have checkups regularly.
Perhaps, people can eliminate indirect and direct crime causes. Victims have no possibility of revenge or imitation.
Crimes can follow plans {premeditation}|.
Society contains criminal groups {organized crime}|, such as organized crime.
Society contains youth groups {gang}, sometimes criminal, characterized by high loyalty and conflict with other youth groups.
Minors, especially from age 10 to 18, can perpetrate crimes {juvenile delinquency}| {delinquency}.
Divorced people can fail to pay child or spousal support {nonsupport}|.
Gangs can fight {rumble}.
People can ask someone to commit crime {solicitation}|.
Businesses can charge illegally high interest rates {usury}|.
People can start problems leading to frivolous lawsuits, fail to perform duties on ships and so harm owners, or sell or buy church jobs {barratry}|.
People can ignore laws or society rules {disorderly conduct}|.
Students {truant} can be absent without permission {truancy}|.
Drunkards and socially outcast people can have disorderly behavior {vagrancy}|.
treason, sedition, failure to prevent or report felonies, or public-office misuse {misprision}|.
revolt {insurgency}|.
inciting rebellion {sedition}|.
sexual relations with another while married {adultery}|.
presenting woman for prostitution {procurement}|.
sexual assault {rape}|.
raping person under legal age {statutory rape}|.
breaking into buildings to steal {burglary}|.
People can use public position to get money {graft, crime}|.
entering homes to steal {housebreaking}|.
capturing vessels at sea {prize, ship}|.
stealing {robbery}|.
stolen-goods dealer {fence}.
property theft {larceny}|.
high-value property theft {grand larceny}|, not petit larceny.
low-value property theft {petty larceny}| {petit larceny}.
bribe or stolen goods {boodle}.
smuggled goods {contraband}|.
loot {swag}.
Violent crimes {violent crime} are homicide, rape, robbery, aggravated assault, burglary, larceny, auto theft, and arson.
Crimes {capital crime}| punishable by death are murder, rape, treason, and genocide.
Assaults can be provoked attacks {aggravated assault}|.
People can set fires deliberately {arson}|.
planned murder {first-degree murder}|.
murder with malice, intent, and planning {second-degree murder}|.
murder with little intent or malice {third-degree murder}|.
murder without malice or intent {manslaughter}|.
People can kill people based on race or origin {genocide}|.
murder {homicide}|.
murder of mother {matricide}|.
murder of parent {parricide}|.
murder of father {patricide}|.
murder of ruler {regicide}|.
People of higher social status can commit crimes {white-collar crime}|. Engage in tax fraud. Advertise falsely. Give short measurements. Grade falsely. Use business funds for personal purposes. Falsify financial statements. Engage in corruption. Perform prostitution. Blackmail. Gamble. Sell narcotics. Swindle. Pick pockets.
People can give money illegally to get something done {bribery}|.
People can take money from businesses and change accounting records {embezzlement}|.
People can blackmail people with death threats {extortion}|.
People can make false documents {forgery}|.
Serious crimes {felony}| are against people or property.
Crimes {misdemeanor}| can break minor public laws.
Punishments {punishment, law} for crimes can result in more criminal behavior, reform criminals, deter further crimes, rehabilitate people, or incapacitate people. A small percentage of offenders can rehabilitate or reform. Society cannot predict who will successfully rehabilitate.
States have traditionally executed people {capital punishment}| who committed capital crimes.
purposes
Capital punishment can be to carry out justice {retribution}, deter crimes {deterrence}, stop further crimes {prevention, crime}, assuage victims, and make people feel safer. Criminals must anticipate death and so suffer.
negatives
Poor witnesses, biased juries, enthusiastic prosecutors, and circumstantial evidence can kill innocent people. Killing societies seem barbaric. Racism, poverty, nutrition, and injustice are possible factors. Responsibility and free will are questions.
suicide
Capital-punishment policies can affect killer suicide rates.
Society can confine people to regulated settings {prison} after arrests and/or convictions.
After release from prison, society can require convicted people to report regularly to officers about whereabouts and activities {parole, law}|.
Government leaders can free prisoners and/or forgive crimes {amnesty}|.
Prison-sentence reductions {clemency}| can free prisoners.
In criminal cases, government leaders can reduce punishment {commutation, law}|.
Trained people {police} {law enforcement}, employed by governments, enforce laws.
Police have power to enforce law-breaking claims {arrest}. Courts can authorize accused-person detention.
Police cars {black and white car} often have black and white colors.
People can receive rewards {bounty}| for performing services, such as capturing outlaws.
Police can keep people in custody {detention, law}|.
Police use procedures {dragnet}| to find and arrest people responsible for crimes.
Police can confine people to their homes {house arrest}|.
Secret police can control citizen lives {police power}|.
People can post money with court to avoid jail while awaiting trial and to guarantee return of accused to court {bail, law}|.
Arrested people, whom judges think plan to flee, can avoid prison by paying court fees {bond to release prisoner}.
ordering sheriffs to take bail {mainprize}.
States can accuse people of crimes {charge, crime}|.
Courts tell accused persons criminal charges {arraignment}|, after which accused can make statements or enter pleas.
Lawsuits {suit, law}| {lawsuit} can initiate civil cases.
Civil or criminal court proceedings {action, law} can enforce rights or redress wrongs.
Lawsuits have legal bases {legal cause}.
Pending suits {lis pendens}| are suit notices.
Prosecutors can fail to prosecute cases, or plaintiffs can fail to introduce evidence {nonsuit}.
Death or other causes can end lawsuits {abatement}, or claims can be lower than funds available.
Payments or actions can settle claims or lawsuits {accord and satisfaction, lawsuit}.
Litigants meet in courts {trial, court}|. Plaintiff is typically city, county, or state. Defendants have lawyers, perhaps public defenders.
process
If defendant has right to jury trial and exercises that right, court selects jury. Court official reads complaint. Prosecutor presents evidence and witnesses. Witnesses face direct examination, cross-examination, and redirect examination. After prosecution presents case, defense presents evidence and witnesses. At any time, judges can hear motions from defense lawyers for case dismissal on grounds of illegally obtained evidence, insufficient evidence, no witnesses, or improper trial conduct. Judge or jury decides defendant's guilt or innocence. Accused must be guilty beyond reasonable doubt.
end
Trials can end by acquittal, conviction, or mistrial. Guilty pleas and requests for leniency by defendants can end trials. Trials can end by hung juries, nolo contendere, or appeals. Appeals can only allege law violations or improper court procedure.
Physical evidence, documents, affadavits, hearsay evidence, circumstantial evidence, inadmissible evidence {evidence} can indicate proof {probative evidence} or judgment without cause {prejudicial evidence}.
People {judge} lead courtrooms and interpret laws.
People {court clerk} {clerk of court}| manage court records and actions and can assist both parties, if necessary.
Officers {bailiff}| enforce courtroom rules.
Bar members and court officers {attorney-at-law} can give legal advice and act in courts.
Authorized people {attorney-in-fact} can act for other people.
lawyer {counsel, lawyer} {counselor, lawyer}| {lawyer}. Professional lawyers have a Juris Doctor (Doctor of Law) J.D. degree. Honorary lawyers have a Legum Doctor (Doctor of Laws) LL.D. degree. Academic lawyers have a Scientiae Juridicae Doctor (Doctor of Judicial Science) S.J.D. degree.
People can pay fees {retainer, lawyer} to lawyers for services.
Trials have accused persons {defendant}|. In trials, defendants give all facts to their lawyers. They try to be groomed, sincere, honest, and straightforward. They do not talk to others about case, unless their lawyers are present. They have nothing to do, unless strategy is for them to take witness stand and answer questions.
defense
Defendants in civil cases try to prove no action or no damages or injuries. Defendants in criminal cases try to prove no crime or no involvement in crime. If defendants are guilty in criminal cases, defenses try to prove that defendants were not responsible for actions. If defendants are guilty in civil cases, defenses try to prove that plaintiffs were negligent. Ignorance of law is a defense.
rights
People have right to trial by jury and to confront witnesses. People have right not to incriminate themselves. Guilty pleas waive both rights.
Lawyers {defense} can be for accused persons.
Trials have persons {plaintiff}| with complaints. In English or American trials, burden of proof is on plaintiff. Plaintiffs in civil cases try to prove damages or injuries.
States or plaintiffs have lawyers {prosecutor}|. In English or American trials, burden of proof is on prosecution. Prosecutors in criminal cases try to prove defendants committed crimes.
Court-appointed lawyers {public defender}| represent defendants.
In regulated settings {court}, lawyers argue law-breaking claims before judges. Local courts are small claims court, traffic court, and magistrate's court. State criminal courts are circuit courts and Supreme Court.
Courts have locations {venue}|.
In earlier times, local magistrates {justice of the peace}| heard small civil actions, performed marriages, and handled divorces.
County or city courts {small claims court} can hear cases involving less than $1000, within months of filing. Courts have judge, plaintiff, and defendant. Both can have lawyers, but lawyers are too costly. Filing fees are small. Defendants pay no fee. Clerk of court manages court records and actions and can assist both parties, if necessary.
Courts {traffic court} can handle traffic violations. Defendants are typically guilty, unless arresting officers do not appear.
Local courts {magistrate's court} {court of original jurisdiction} hear civil and criminal cases.
Courts {probate court} can rule that wills are valid.
Courts can be municipal or county courts {superior court}.
Courts {lower court} {trial court} can be first to hear cases.
Courts {state court} can be civil or criminal courts. State civil courts hear disputes between two individuals, businesses, or governments. State criminal courts conduct trials against accused state-law violators.
Appeals can only allege law violations or improper court procedures. Higher state courts {appellate court} {court of appellate jurisdiction} hear appeals. State appellate courts must consider all appeals and issue opinions.
Courts {federal court} can hear Constitutional-law questions, federal-law questions, conflicts between states, and civil suits involving citizens of different states. Federal courts are district courts, appellate courts, and USA Supreme Court. Federal courts can refuse to hear appeals.
People can swear to written statements {affidavit}| before notary publics and other people with authority to hear oaths.
Requests {appeal}| can ask higher courts to review cases.
Court orders {arrest warrant}| can order police to find someone and charge him or her with crime.
Courts can issue warrants {bench warrant}| to arrest someone for contempt of court or to fulfill indictments.
Grand juries make written indictments {bill of indictment}.
Suit claims list details {bill of particulars}.
Lawsuit losers must pay itemized expenses and allowances {bill of costs}.
Lawyers can present legal arguments {brief}|.
Courts have lists {calendar, law} {trial list} of cases to try in sequence each day.
Writs {capias}| can authorize arrests.
Courts can issue orders {citation, law}| to appear in court.
Courts determine document meanings {document, construction} {construction of document}.
Courts can issue written orders {court order}| that are not judgments: habeas-corpus writs, subpoenas, arrest warrants, and search warrants.
Courts make final judgments {decree}.
Witnesses can make written statements {deposition, trial} under oath.
Documents {divorce decree} can state divorce place and date.
Courts have case date-and-time schedules {docket}|.
People can make formal complaints {grievance, law}| about problems or actions.
Grand juries issue criminal or civil charges {indictment}|, or written documents can charge people with crimes.
Court orders {injunction}| can tell persons or businesses to do or not do actions.
Courts can accept certain facts without evidence {judicial notice}|, such as geography, state laws, and history.
Parties in civil suits present written statements {pleading}|.
Documents {judgment, satisfaction} {satisfaction of judgment} can show that recorded judgments have been paid.
Court documents {scire facias} can require party to appear and discuss case.
Court orders {search warrant}| can allow entry into private property to look for specific items.
Court orders {subpoena}| can require someone to appear as witness before court.
Subpoenas {subpoena ad testificandum} can be for witness to appear and testify.
Subpoenas {subpoena duces tecum} can be to present evidence in person's possession.
Written documents {summons}| can notify people that action has started and require them to appear in court to answer charge.
Summons {venire} can be to prospective jurors.
Court orders {venire facias} can tell sheriff to summon a jury.
Affidavits {verification} can confirm document contents.
Courts can issue authorizations {warrant}|.
Court orders {writ, court order}| can require public officials to perform specific acts.
Court orders {habeas corpus writ} {writ of habeas corpus}| can force jailers to explain why a person is in jail.
Defendant statements {plea}| can answer claims in complaints or charges.
Pleas {demurrer}| can admit truth of other party's claim but state that facts are not sufficient to uphold claim under law.
People can lack legal capability {disability, law}|.
People can have no guilt for actions {innocence, law}|. Age, incompetence, or duty can cause people to be innocent. In USA and England, courts presume accused persons are innocent.
Pleas {nolo contendere}| in criminal cases can state that defendant will make no defense but will admit no guilt.
Plaintiffs can respond to pleas {replication, law} {reply, law}.
Jurors {jury, law}| independently judge cases, based solely on evidence presented in court. At trial conclusions, judges give instructions to juries, telling jurors law, case nature, what they must decide, and on which basis to decide. Jury trials require 12 peers of petit jury to unanimously judge innocence or guilt. Grand juries meet to determine who committed crimes.
Lawyers have right to object to juror selections {challenge, juror}|.
Judges give instructions in law to juries {charge the jury}|, before juries retire to deliberate cases.
Petit-jury verdicts must be unanimous, so jurors usually must compromise. If all jurors cannot agree on verdict {hung jury}|, court suspends case.
Jurors {juror}| must be between 21 and 70 years old, be in good health, be sane, and be reasonably intelligent. They must have no felonies or misdemeanors involving moral turpitude. Jurors must not belong to radical parties. Government officials and professionals, including journalists, are exempt from jury duty.
Courts draw up veniremen {jury selection}.
Courts list possible jurors {veniremen} for trials.
Juries have private discussions to try to determine guilt or innocence {verdict}|. Petit-jury verdicts must be unanimous, so jurors usually must compromise.
Lawyers question possible jurors {voir dire}| about case, to see if they have prior knowledge, personal prejudice, or relation to people involved, which can cause disqualification.
After hearing evidence from state prosecutors and deciding if evidence is sufficient to charge people with crimes, sworn groups {grand jury}| can make indictments.
At trial, twelve or less people {petit jury}| {petty jury} decide civil cases and award damages or decide criminal cases.
Courts can summon people {witness}|, who saw crimes or know something that can contribute to solving cases, to testify. Witnesses for prosecution or defense review facts with prosecuting or defense attorneys before trial.
Attorneys for both parties can interview witnesses and record interviews word for word {deposition, witness}|.
At trials, witnesses answer questions from calling attorney {direct examination}|.
At trials, witnesses answer questions from opposing attorney {cross-examination}|.
At trials, after cross-examination, witnesses answer questions from calling attorney {redirect examination}|.
Witnesses can sign {attest}| statements.
Witnesses can testify about fact statements {averment}.
People {deponent}| can make written statements under oath.
Courts can allow parties {amicus curiae} {friend of the court}| to give evidence or present arguments, because parties have interest in case. Friends of court have no right to do those things, only court permission. Lawyers can represent neither defendant nor plaintiff but present relevant evidence.
Evidence {hearsay} can come from secondary sources.
People can make formal statements {presentment}|, or grand juries can report, to courts.
Accused persons can testify against another accused person {state's evidence}|.
Courts decree or judge {adjudication}|.
Judgments {acquittal}| can be not-guilty verdicts in criminal cases, release people from contract obligations, or dismiss charges on legal grounds.
Courts can postpone judgments {arrest of judgment}.
Court proceedings {certiorari} can review government-agency or lower-court decisions.
Courts can adjourn to another day {continuance}|.
Judges or juries can find defendants guilty {conviction}|.
Courts can expel people from countries {deportation}|.
Judges evaluate how current case differs from, and is similar to, previous cases {dictum}.
Courts can require acts or order someone to desist from acts {enjoin}|.
Courts can formally accept {joinder} questions.
Trials can end by court-procedure errors {mistrial}|.
Prosecutors can decide on no prosecution {nol. pros.} {nolle prosequi}.
People are likely to be guilty for reasons {probable cause}|.
Courts can prohibit actions {proscription}|.
Courts can send cases back to lower courts to correct mistakes {remand}|.
Losing party can pay the crime's monetary penalty {fine, penalty}.
Losing party must pay court {court fee} {court costs}.
Governments can require businesses to close on Sundays or enact laws {blue law}| against certain pleasures.
Laws {blue-sky law}| can control sales of risky or fraudulent securities.
Organizations can have rules {bylaw}| for conducting internal work, such as electing officers, voting, administering, and controlling finances.
basic national law {constitution, law}|.
Law clauses {grandfather clause}| can exempt people already doing something.
emergency military rule {martial law}|.
local law {ordinance}|.
Law has natural, moral, just, and right parts, and parts that are human conventions {positive law}.
Laws {statute of limitations}| {limitations statute} can limit time after crimes in which prosecution can begin.
Laws can be customs {unwritten law}.
law systematization {codification}| {law code}.
Laws {penal code}| can list penalties about felonies and misdemeanors.
New-case judgments depend on previous-case results {case law}.
Cases are similar to central cases, which define dispute essence {focal meaning} and are models of justice and morals.
Legal positivism states that controversial cases have no correct answer, because past cases and laws do not apply {indeterminancy}, requiring new law. Legal realists state that no case has correct answer, because existing law and cases do not cover exact case and/or are inconsistent.
Judges decide cases {precedent}| to establish case law for future similar situations.
English legal system depends on the rule "stand by decided cases" {stare decisis}|, or law as established by previous decisions.
European, Latin American, and Asian law {statutory law}| has statutes based on Napoleonic Code, with no common law. Statutory law includes civil law, public law, and criminal law. Napoleonic Code or Code Civil had statutes for all law branches. It derived from Roman law and Roman Catholic Church canon law. Many laws of England, United States, and Commonwealth countries are statutes or regulations.
Executive and legislative government branches have procedures {administrative law}.
Statutory law includes private-affairs laws {civil law}|.
Statutory law includes crime and punishment laws {criminal law}|.
Statutory law includes government and commerce laws {public law}|.
England, United States, and Commonwealth country laws {regulation, law}| can be from executive branch.
England, United States, and Commonwealth-country laws {statute}| can be in law codes.
By legend, Manu [-1500] wrote Manu-smriti (Laws of Manu or Institutions of Manu), which defined caste system and punishments. Manu-smriti is one of eighteen smritis of Dharma Sastra (Scriptural Texts of Righteous Conduct).
He started Islamic law study.
He lived -380 to -300, belonged to Mingjia School of Names, studied rhetoric, and invented paradoxes. Ming-chia or Mingjia School of Names had dialecticians in Warring States period [-475 to -221].
He lived -320 to -250, belonged to Ming-chia School of Names, studied rhetoric, and invented paradoxes, such as "A white horse is not a horse".
He lived ? to -233, was Legalist, and studied prestige, laws, and punishments by rulers.
In myth, the god Thoth gave laws to Egyptians. Egypt had an enatic, matriarchal family system.
Pharaohs negotiated trade and merchant treaties with other rulers.
She recorded Celtic laws. Later, Alfred and Edward the Confessor used these laws.
Ireland had 150 kingdoms {tuath}, in five provinces, including Meath. Extended families {fine, family} were main social unit.
Tribal assemblies {dal} met.
Offending object was object of revenge. Old Testament relates that an ox that gored someone was killed and flesh not eaten.
Clans and families held all land. Every seventh year, it banned agriculture. Every 7 years times 7, 49 years, all leases ended, and all land redistributed.
Slavery increased with increase in agriculture and barter. Every 49 years, slaves became free.
Treaties regulated trade and merchants.
Laws prohibited money lending at interest, outlawed perjury and stealing, and used negligence.
During reign of Cyrus the Great, he compiled Mosaic-Law additions by borrowing from Code of Hammurabi. From Babylon, he went back to Jerusalem [-459], taking 5000 Jews with him.
He was governor of Judea under Persian Empire. During reign of Cyrus the Great, he compiled Mosaic-Law additions by borrowing from Code of Hammurabi.
Sanhedrin was highest legal assembly, with seven learned men chosen from scribes, priests, and great families. Small Sanhedrin had 23 judges and tried criminal cases. These courts usually modified the law's harsh penalties.
Pharisees emphasized separation from heathens, strict law observance, and no violence. They used only written law and oral traditions. In higher schools, teaching method was like Socratic method.
Zealots emphasized separation from heathens and strict law observance and used violence to establish state.
Essenes advocated law interpretation based on kindness and mercy and favored poverty, self-denial, and self-subordination.
Priests and administrators sided with Greek and Roman administrators. They used only written law.
He lived ? to 20, codified the Mishnah based on rules {seven rules, Hillel}, and founded Beit Hillel or House of Hillel school. Do not do to people what you would not like them to do to you {golden rule, Hillel}.
Sadducees wanted to make secular state.
He lived ? to 30 and founded Beit Shammai or House of Shammai school, which favored mild restrictions.
Before city-states, clans banded together to form brotherhoods {phratry} for religious rites. Councils formed, including priests and family leaders. Assemblies of all adult males formed.
He published first Greek law code.
Soldiers {hoplite} had armor, helmets, spears, shields, and formations.
He gave more people right to vote, eliminated personal revenge, published a harsh criminal code prescribing death penalty for most crimes, and set property rights that favored upper class.
He lived -638 to -558 and codified laws that protected peasant lands from merchants, opened assembly to all free men, gave power to assembly, and created Council of the Four Hundred as trial jury [-594].
Demiurgoi selected Solon to reform law and to be dictator and forced eupatrids to approve. Solon declared amnesty, abolished all Draco's laws except for murder, and codified Greek law. Athenians had to take oaths not to alter his laws for 100 years, and his laws held for 50 years.
He established plutocracy. He reordered social classes based on property and taxed them accordingly. Social classes, from highest to lowest, were eligible for fewer and fewer offices.
He kept Council of Areopagus but reduced its powers. He gave assembly {ekklesia} power to elect the nine governors {archon}. He created council {boule, council} of 400 people, one hundred from each Attic tribe, to bring legislation before assembly.
He devalued currency and reduced or eliminated all debts. He freed citizens enslaved through debt and bought back citizens sold to foreigners. He ended making debtors slaves. He limited land owned by one person.
He allowed citizens to indict any person. He allowed citizens to be on juries.
He allowed man who had no sons to make will.
He held state responsible to educate sons of men killed in battle.
He legalized prostitution. He closely regulated behavior of women and conduct in society.
First city-state assemblies {Aeropagus} included all adult males. In assemblies, nobles and commoners had one vote each. Assemblies declared war, negotiated peace, banished people, and imposed death sentence.
King was leader, and council was priests and family patriarchs. Social classes were rigid. Aliens could not be citizens.
Families were patriarchal. Families had separate houses to ensure privacy of family gods, associated with hearth. Ancestor burial places were sacred.
Private property arose. It recorded titles and leases. Sons got equal land shares. Neutral strips separated fields of different families. No alien owned land. There were many slaves.
In marriage, bride wore white, veil, crown, and gown. Groom had to carry his bride over threshold, against her mock resistance. They ate cake after the wedding to show union.
The Greek goddess Themis controlled moral law and harmony. Her daughters were Dike, for divine law and morality, and Eunomia, for law and order.
Traders developed banking system, had religious corporations, and had trading syndicates and business groups, an idea borrowed from Babylonians.
citizens {metic}.
Priest sacred rituals, customs, and practices {thesmoi} {thesmothetai} became laws {nomoi}, which local committees often revised.
Criminal punishments were milder than in other countries. The state enforced criminal penalties. Greece did not imprison criminals much. In civil cases, victor had to enforce judgment himself.
Each year, lots selected 6000 citizens. Because there were many cases, jury duty was full-time job. Immediately before trial, to prevent bribery, lot selected 500 jurors to form jury {dicastery}. Litigant presented his case or hired orator. Evidence was also in writing. People {compurgator} swore that person was innocent or that plaintiff was right. Law advisors {exegetai} helped jury. Juries did not debate but only voted.
Constitution changed often, resulting in less authority, less religion, fewer customs, and new laws and principles for society.
Greek city-states established war rules. Rules protected prisoners, established method to formally declare war, described arbitration under treaty, forbid poisoning weapons, prohibited temple and embassy ransacking, established ambassador privileges, and established right of asylum.
League joined city-states.
League joined city-states.
Curia family groups began. A family-leader assembly {Curial Assembly} formed, in which curias had one vote. Curial Assembly witnessed wills and adoptions and formally gave imperium to officials but was not important in Roman Republic.
A plebian citizen assembly {plebs} voted on private laws.
Priests {pontifice} used rituals for proceedings and kept forms and rites secret. Priests conducted trials, and involved people consulted priests.
Roman territory had districts {tribe, Rome}. Property-owning citizens were in one tribe. Citizens who did not own property were not in tribe. Later, tribe membership became hereditary.
Magistrates {proconsul} {propraetorin} ruled provinces.
Senate had 300 members elected for life, approved legislation passed by popular assemblies, and called emergencies. It controlled finances, religion, building, foreign affairs, law between cities, and law of aliens. It advised magistrates on bills that they presented for judgment. It extended magistrate terms. It appointed proconsuls to rule provinces.
Twelve Tables included criminal, contract, tort, family, wills, succession, property, and sacred law. It had legal-action and court-procedure rules {procedural law}. It had laws {substantive law} about rights and justice. It included enforcement procedures, public punishments, and harsh liability penalties.
It prohibited private revenge, allowed immediate seizure by wronged person of claimed object or person, and fixed tariffs for injuries.
It distinguished willful from accidental homicide.
It limited interest rates, gave debtors harsh penalties, defined debtor's liabilities, and gave grace period to debtors.
It prohibited excessive funerals and excessive bequests.
Laws allowed connubium between patrician and plebian.
Soldiers organized into 100-men centuries. The soldier assembly met only when called by tribune. Centuries cast one vote. Centurial Assembly selected magistrates, judged murder and treason cases, and declared war, in response to Senate proposals. After overthrow of kings, Centurial Assembly gained power as Curial Assembly lost power. Over time, plebians gained entrance into Centurial Assembly.
Laws required at least one consul to be plebian.
Tribal assembly formed but met only when called by tribune.
Tribal Assembly began to elect lower ranking officials. Landless people and new citizens were in the four original urban tribes.
He published the oral court-action forms, which priests {pontifex} had kept secret before, but which were already public knowledge.
The senatorial class began to offer free legal advice, supplanting priests. They gave evaluated case merits before cases went to praetors, suggested which formal oral proceeding to use, and served on praetor advisory councils.
Laws passed by the plebian Assembly became binding on all citizens.
Senate lost right to veto laws passed by Assembly.
Laws defined claims of masters against harmers of their slaves or animals.
Roman lawyers taught their apprentices law.
Senate elected a praetor to judge citizens and a second praetor to judge cases involving aliens.
35 tribes had one old and one young century, in five classes, making 350 centuries. Centurial assembly elected consuls, praetors, and censors and voted on bills proposed by consuls. It met when consuls summoned it.
He lived -234 to -149 and was Tribune [-214] and Censor [-185]. His son was Marcus Porcius Cato Licinianus, who wrote De iuris disciplina.
He collected Roman traditional laws {leges regiae}.
Tribal Assembly became more powerful than Centurial Assembly. Controlled by patricians, it met only when called by tribune. It established laws {maiestas} and rejected bills presented by officials.
He was Curule Aedile [-200], Consul [-198], and Censor [-194].
Civil-law code began.
Civil law developed.
He was Proconsul [-155 to -154] and Consul [-148] and invented Roman sales contracts.
Laws allowed standard forms of presenting cases to trial judges for all cases, gradually ending legis actiones. Legal cases used written statements, containing facts, legal questions, and basis on which judge should decide.
He was Praetor [-142].
He lived ? to -113 and was Tribune [-141] and Consul [-133].
He lived ? to -88, was Publius Mucius Scaevola's son, systematized Roman law, and taught Cicero. He was tribune [-106], aedile [-104], and consul [-95], when, with Licinius Crassus, Lex Licinia Mucia denied Roman citizenship to some people in Italy, later causing Social War. He was governor of Asia, publishing edict for provincial administration. He was pontifex maximus.
Senate elected praetors to govern newly conquered provinces.
Twenty quaestors assisted consuls.
Tribe leaders increased to ten.
Praetors had to use standard format for edict {praetorian edict, praetor}.
He lived ? to -43 and used dialectical method in law. He was Praetor [-65] and Consul [-51].
He was Rufus' student.
He tried to prosecute Quintus Ligarius [-46] for co-operation with Juba.
He was Consul Suffectus [-39] and Rufus' student. He confiscated land for veterans, and he aided Virgil [-41].
He advised Augustus about informal codicil.
He lived -50 to 22 and provided the ideas of Proculian School of Roman law.
Lex Aebutia became mandatory, ending formal oral proceedings.
War rules developed.
Rome codified formal war declarations.
Laws governed conquered states and later all states.
He lived ? to 22, was consul [5], and provided the ideas of Sabinian or Cassian School.
He lived -63 to 14. Julian laws were new family laws.
He lived -12 to 66, was Labeo's student, and founded Proculian School, which gave Roman-law interpretations for next 200 years.
He was Capito's student and founded Sabinian or Cassian School, which gave Roman-law interpretations for next 200 years.
He was Capito's student.
Piso wanted to assassinate Nero [65].
He lived ? to 117, was of later Proculian School, and was Consul Suffectus [97].
Emperor gave right to give legal opinions to persons and then decreed opinions to be law.
He was of later Proculian School, was Middle Platonist, was praetor [106 or 107] and consul [129].
He lived 43 to ?, was Consul Suffectus [97], and taught Emperor Julian about Roman law.
He compiled laws and wrote history of Roman law.
He was Sabinian School leader. Hadrian appointed him to codify Roman law. He prepared Hadrian's edict (Perpetual Edict), settling the praetorian law, including law of equity.
Roman law schools of Albeo and Capito ended with Emperor Hadrian's death.
He taught his student Papinian about Roman law.
He lived 138 to 180 and studied Roman law. He was not Lucius Ulpius Marcellus.
He lived ? to 212, was Scaevola's student, and looked for the principle and moral rule in law. He became Master of Petitions (Magister Libellorum) [193 to 211], whom commoners petitioned to be equites or to gain other duties. He later became General of the Guard (Praefectus Praetorii), assistant to emperor Severus.
He wrote commentary on Perpetual Edict and analyzed Roman law logically.
He lived ? to 228, was prefect [222], and wrote a Perpetual-Edict commentary and a Roman-law summary.
Roman law scholars had to be officials.
He formed official law school to study classical authors' Roman-law opinions.
Official law school formed in Rome to study classical authors' Roman-law opinions.
Cardinal Angelo Mai discovered them in Vatican [1821].
He wrote about Roman law.
He was magister libellorum under Diocletian [285 to 290].
It associates with slightly earlier Codex Gregorianus.
School included Patricius, Demosthenes, Eudoxius, Amblichus, and Leontius.
Visigoths used it.
Ulpian lived 160 to 228.
It tried to show where they agreed.
School formed to study classical authors' Roman-law opinions.
He lived ? to 545 and headed commission of 17 professors of the two official Eastern law schools to edit the many Roman-law commentaries. He was Justinian's quaestor sacri palatii. After five years, with nine others under appointment from Justinian, he codified law [529 to 534], based on Roman law.
They copied, translated, or commented on Code of Justinian, but emperor banned them from pointing out Roman-law contradictions.
Personal conduct rules {chivalry}| developed.
The legendary right of lord to spend the first night with new bride {droit de seigneur} probably was never reality.
Manor fief courts were for local civil and criminal law but not for Church law.
The lord of the manor selected husbands for his female heirs {Feudal marriage}, was ward of infant heirs, and got land if tenants had no heirs.
First-born son inherited all deceased-father's real property {primogeniture, custom}|.
Tenants contributed to pay lord's ransom, knight his son, or marry his daughter {aid right} {right of aid}|.
In first year, tenants gave lord one-year's income {relief right} {right of relief}|.
People were always under laws of where they were {territoriality, law}|, not of tribe or land of origin.
Clan lawmen {law-speaker} knew oral law, advised at trials, and supervised trials.
German tribe members were always under tribe's law {personal law}. If two people from different tribes disputed, they used laws of tribe of person with dominant interest.
Marriage required a money gift {dowry}|.
German law, collected by Romans, was mainly criminal law, with some tort law and few procedures. German law used principle of "an eye for an eye" {Wergild}. Family or clan exacted revenge, not individual. Most trials were about torts. Disputants themselves did pleadings. For accidental injury, offender paid injured person. German law did not recognize private real property. With no commercial laws, visiting traders needed patron's protection. Marriage was sacred and was mostly monogamous. Marriage required a money dowry and gift exchange.
German clan assemblies began.
University students organized into groups {corps, law}.
German common law was not Saxon but Roman law.
Martini lived 1726 to 1800. Zeiller lived 1751 to 1828. Maria Theresa of Holy Roman Empire asked for code of private law based on Roman law [1753]. Codex Theresianus [1866] was long and ambiguous.
He lived 1787 to 1867. His writings about criminal procedure resulted in German-law reforms.
Catholic jurists used both ius gentium and canon law and applied moral standards to international law. Catholic Church, Charlemagne, and subsequent kings supported them.
He was Benedictine monk and codified canon law at Bologna University.
He wrote about papal decretals from Gregory IX [1150 to 1227] to Clement III [1187 to 1191].
He wrote about papal decretals from the first twelve years of Innocent III [1198 to 1210].
He wrote about papal decretals from Clement III and Celestine III [1191 to 1198].
Papal decretals came from Innocent III [1210 to 1215].
He wrote about other papal decretals.
Inquisition under Pope Innocent III started against Albigenses sect in south France.
Gratian taught canon law at University of Bologna and wrote canon law book [1140].
Council ended Great Schism of Catholic Church. However, simony, indulgences, corruption, non-celibacy, poorly educated lower clergy, and emphasis on power and money continued.
Inquisition started under Tomas de Torquemada. He enforced Catholic orthodoxy and censored books and art. Spain threw out Jews and Moors.
Lateran Council under Pope Leo X (Giovanni de Medici) failed to approve reform.
Inquisition ended in Naples.
Inquisition moved to Holy Office, which decided faith, orthodoxy, and censorship matters.
Under Pope Paul IV, it reformed canon law, reformed church practices, and reorganized church. It condemned Pelagianism as heresy.
Under Pope Julius III, it reformed Roman Catholic practices.
Inquisition listed banned books.
Cardinal Charles Borromeo and Pope Pius IV reopened Council of Trent, which reformed clerical life and education and led Catholic Counter-Reformation.
It included Decree of Gratian [1141 to 1150], Decretals of Pope Gregory IX [1234], Sext, Clementines, Extravagants of John XXII, Common Extravagants, and Liber Sextus (Sixth Book) of Boniface VIII.
Spanish Inquisition ended in Spain.
Council stated that Pope was infallible on Roman Catholic Church matters.
He lived 1675 to 1758.
Law, under Pope Benedict XV, replaced Corpus Juris Canonici [1582] of Pope Gregory XIII.
Constantine the Great established Christianity in Roman Empire by ensuring religious tolerance.
He lived 1055 to 1130 and founded law school at Bologna [1088]. He studied Justinian Code, Institutes, and Digest and taught Martinus, Bulgarus, Iacobus, and Hugo.
University of Bologna began [1088]. University of Padua began [1222]. Duke Ferdinando [1589 to 1626] ruled Mantua [1613 to 1626] and founded University of Mantua [1626].
Bulgarus, Martinus Gosia, Jacobus de Boragine or Iacobus, and Hugo de Porta Ravennate recreated Roman law and were pupils of Irnerius.
He was one of the Four Doctors, who recreated Roman law.
Students, who paid teachers directly and so controlled them, ran law schools. Students organized into groups {nation, student}, which fought each other and flouted civil law. Gradually, university authorities stated curricula and awarded degrees: bachelor, licentiate or masters, and doctorate.
He lived ? to 1166 and was one of the Four Doctors, at University of Bologna law school or School of the Gloss-writers, who recreated Roman law. He was at diet of Roncaglia [1158].
He lived 1100 to 1166 and was one of the Four Doctors, who recreated Roman law. Martinus led a school about equity of the purse {aequitas bursalis}.
He lived ? to 1194 and was one of the Four Doctors, who recreated Roman law.
He lived 1150 to 1230 and was Glossator.
Andrew II of Hungary proclaimed Golden Bull to check nobles.
He lived 1182 to 1260, was Azo's student, and was Glossator.
Glossators studied Justinian laws and taught law but typically did not relate law to contemporary life.
Alfonso III of Portugal convened Cortes of Leiria, first legislature to have commoners.
He lived 1221 to 1284 and was king of Castile and Leon [1252 to 1284].
Commentators combined Roman law, canon law, and Italian-city statutes. They theorized about conflict of laws. They applied Roman law to municipal, canon, feudal, customary, commercial, and criminal law cases.
He lived 1313 to 1357 and was Commentator. Laws of place in which action happened govern actions {territoriality, Bartolus de Saxoferrato}.
He lived 1327 to 1406, was of the Baldeschi, and was Commentator.
Law schools began historical law study.
Aix-en-Provence is in southeast France.
Judges heard rational arguments and evaluated evidence presented by trained advocates.
He lived 1530 to 1596 and belonged to Politiques. Family is basis of society. State is about material, not spiritual, things. State requires absolute sovereignty to prevent civil war.
French customary laws and canon law used Roman laws of contracts, property, wills, successions, domestic relations, and judicial procedures.
He lived 1699 to 1772 and combined Roman law, customary law, and natural law.
He lived 1738 to 1794. Punishment should fit crime's seriousness and should exact vengeance. Judiciary should be separate from legislature.
Constitution included Declaration of the Rights of Man. It blocked Mirabeau's plan to have constitutional monarchy, and king fled. After capture, he accepted constitution [1791].
Codes of Prussia depended on natural law.
He lived 1753 to 1824 and helped make Code Napoleon [1804] about private law.
Code Napoleon has Civil Code, Criminal Code, Civil Procedure, and Criminal Procedure and is basis of Continental law.
Codes of France depended on natural law.
Austrian law code depended on natural law.
Constitution modified kingdom.
Constitution modified kingdom.
Austria wrote constitution after revolt in Vienna. In October, Windischgratz ended revolt in Vienna.
Druid priests were also judges {brehon}. People shamed others into going to Druid judges. Edward III of England abolished Brehon Laws [1350].
Clans declined. Clan-member rights became individual rights. Germanic clan assembly {folkmoot} disappeared. Families divided into hundreds and tens {tithing}.
England law codes were mostly about torts and criminal law.
County courts tried difficult cases, with churchmen presiding. Local courts were formal and compurgators were typically the only witnesses. Petty cases had trials within families.
Land was held individually, with some feudalism.
As clans decreased, a council {Witan} {Witenagemot} of Anglo-Saxon lords {thegn} replaced older folkmoot German clan assemblies.
Law profession {servientes Regis ad Legem} began.
They gained right to make laws.
Crown court judges developed law, which identified and validated customs and practices and which differed among geographic areas and social classes.
Crown courts used traveling judges {missi, judge}, and county courts decreased [1164]. Most crimes "broke the king's peace" and so justified crown courts. In crown courts, lawyers talked to judge while jurors listened. They had no witnesses. Lawyers gave no summations.
Grand juries started when citizens investigated crimes and charged persons. Petit juries judged trials. Jurors found facts by any agreed method. Verdicts had to be unanimous. If jurors did not reach unanimous verdict, court appointed more jurors until twelve agreed. If jury had decided wrongly, court penalized jurors strongly. After wrong decision, 24 knights heard case.
He lived ? to 1190, was Chief Justiciar of England under Richard I [1172], and wrote about written appeals {writ, appeal} to crown courts.
Before Edward I, king granted authority to Chancellor and Chancellor's court. The chancellor or chancery court required defendant or petitioner to provide equity.
Before Edward I, Court of Common Pleas heard common law cases at Westminster. Court of the King's Bench {king's court} heard civil and criminal cases. Court of the Barons of the Exchequer heard cases about king's finances. In shires, knights appointed by king, called Conservators of the Peace, presided over national courts.
People can petition king or his chancellor for justice {equity law}, even without existing law. England published chancery-court equity decisions {law of equity}, which used Roman and canon law. Chancery law and equity law rectified unjust common laws.
King had right to make law and to right wrong {king's conscience}.
Before Edward I, Parliament had only barons and churchmen and had only right to refuse money to king.
He lived 1210 to 1268 and relied on common-law precedents. He said that people can petition king, who must act justly.
King Edward I assembled clergymen and aristocrats but also added others.
People no longer used objects that had contributed to injury {deodand}.
Leaders presented written causes to hold people, to courts.
Lawyer guilds began. Apprentices learned English law in mock trials. Inns had Handbooks of English law. There have been up to 14 Inns of Court, but now are four: Lincoln's Inn, Gray's Inn, Inner Temple, and Middle Temple.
Chancery courts no longer forced new trial. Appeals asking for second trial by 24 knights ended.
Church and crown courts competed for jurisdiction. Clergy tried to keep right {benefit of clergy} to use church courts to settle disputes. Lay courts issued decrees {writ of prohibition} to stop church courts from taking over jurisdiction. Crown courts began to hear cases submitted by written complaints {complaint, writ} {writ of complaint}, which stated complaint, plaintiff, and defendant. Writ use increased, and trial by combat and trial by ordeal decreased.
Assizes county courts heard cases not heard by crown courts.
He lived 1394 to 1476 and was Chief Justice [1442 to 1461].
He lived 1422 to 1481 and was judge at Court of Common Pleas [1466].
Courts began to use English for written pleadings, which later became more formal and accurate.
Act ended perpetual land ownership.
Act prohibited land use without land title. Chancery then allowed land trusts.
Act allowed land disposition by will.
England established commercial law {law merchant}.
He lived 1518 to 1585.
He lived 1552 to 1644. He defended common law in Shelley's case, became Solicitor General of the Realm [1592], entered Parliament [1593], became Attorney General [1594], and later became Parliament Speaker. He became Chief Justice of Court of Common Pleas, the highest possible judge office, and became Chief Justice of the King's Bench under King James [1613 to 1616]. He refused to stay an action for the king, because it was against the law, and the king suspended him from Privy Council and then discharged him from office. He rejoined Privy Council [1617] and then entered Parliament again. He fought for constitutional rights and upheld Parliament against king [1620]. He became Baron Veculam and then Viscount St. Albans.
In Fuller case, he won common law courts right to issue prohibition writs. He blocked King James I from changing law, establishing that only Parliament was able to change law. He blocked King James's proclamation to stop using grain for starch, because Parliament had not proclaimed it. He worked against monopolies. He defended common law or civil law. He wrote about bail, mainprize, and copyhold estate.
He was always at legal and personal odds with Francis Bacon.
Psychology
Insane people do not know what they do and cannot have criminal intent. Insanity is not a defense if people know right from wrong {right-wrong test}. Drunkards, idiots, or fools can be insane at the time [1604].
He lived 1459 to 1521. Poynings' Law gave all legislation for Ireland to England.
Juries judged after hearing evidence and used evidence rules, including prohibiting hearsay evidence and indirect knowledge.
James I granted right of free speech to Parliament.
It tested right to habeas-corpus writ and decreased this right.
He lived 1584 to 1654, helped draft Petition of Right, tried to block royal authority, and was against freedom of seas.
Initiated by Edward Coke, a law {Petition of Right} stated that taxes, imprisonment, and quartering of soldiers in homes needed due cause or Parliament consent. It did not allow billetry. It said that people had right to habeas-corpus writ. It stated that imprisonment required cause and opportunity to answer charge. It required Parliament consent to order anyone to pay money to state. It gave Parliament right of free speech. It reduced martial law punishments.
He lived 1590 to 1661. He discussed laws between nations {ius inter gentes} based on actual legal practices and founded positivist or historical school of international law.
House of Lords and House of Commons formed during Stuart Restoration.
Act imposed laws on Irish Catholics.
Act increased right to habeas-corpus writ.
He lived 1642 to 1710. As Chief Justice [1681 to 1710], he added bailment law to English law, from Continental law.
After Revolution, judges held office for life, as long as they maintained good conduct.
Act tried to stop Jacobites from making Stuart Catholic king. It designated Protestant Hanover king and limited king's power. It imposed laws on Irish Catholics.
He lived 1723 to 1780, was conservative aristocrat, opposed American freedom, and was protégé of Mansfield.
Intolerable Acts passed by English Parliament levied more taxes in American colonies.
He lived 1705 to 1793 and established modern English commercial law, using Roman and customary law. He was Chief Justice [1756 to 1788] and opposed American freedom.
Only male property holders voted, so only one person in 30 voted.
They regulated prices and fixed wages. All people had to work. They established houses of correction for people that refused to work. Poor houses for disabled began.
Intolerable Acts passed by English Parliament reduced freedom in Massachusetts.
He lived 1729 to 1797 and was conservative Whig. He believed in maintaining current institutions and social customs, deciding on evidence not theory, and being skeptical. He exposed East India Company injustices in India, during Hastings trial. He opposed French-Revolution Jacobites. He tried to improve policies about America and wanted to free Ireland. He wanted to free House of Commons from King George III.
Politics
Political power is to preserve order. Society coheres through habit, emotional bonds, conventions, loyalty, communal feeling, and tradition {conservatism, Burke}, not by reason, rights, or law. Institutions can reform by small steps, keeping essence, rather than change too much or quickly.
People should be dutiful, loyal to traditions, bound by social relations, and fitted into roles. Moral tradition is more important than rational morality. Individuals should be free and independent, to judge and choose for best advantage and to be responsible for their families. Human nature causes inequalities in society, but justice must prevail.
Government should use power legally. Government should only maintain security and order, because it often abuses power. Bureaucracy and interference reduce human energies. Institutions should fit culture. Institutions should be free and independent. Changes should be slow and subject to change, because human frailty can make everything worse.
New bankruptcy laws began.
New divorce laws and new rights for married women began.
It reduced number of crimes carrying death penalty.
Real-property law reform began.
Henry Grattan led legislature.
He lived 1745 to 1836 and was High Court of the Admiralty judge [1798 to 1827].
In Dalrymple case, he decided that law of marriage location, not court location, decided validity.
He determined legality of capturing prize vessels at sea.
Domicile in peace is not necessarily the same as domicile in war. In war, neutral persons can be enemies. During war, citizen in enemy country is enemy.
England and Scotland union added Ireland, by Act of Union, after Wolf Tone of Ireland rebelled.
Wilburforce's efforts ended slave trading in British Empire.
Donald O'Connell in Ireland and Robert Peel in England led agreement that allowed Catholics in Britain and Ireland to be free and repealed Test Act.
Duke of Wellington, Prime Minister, passed it.
He lived 1790 to 1859 and founded science of law in England. Laws are sovereign's commands, with threat of punishment. Subjects must obey. Permission from sovereign or obligation cancellation grants rights.
Act increased voters by 50%.
Britain ended slavery in empire.
Act repealed Corn Laws, allowing free trade.
Laws gave right to vote to all citizens. Lord Shaftesbury introduced laws to stop women and children from working in coal mines, to have ten-hour workdays, and to create insane asylums.
Britain's Civil Service formed.
He lived 1822 to 1888 and studied change from status system to contract system.
Act changed Penal Laws.
Act resolved some Irish Land Question problems. Charles Parnell and Michael Davitt led Home Rule party in Parliament and encouraged violence in Ireland.
Laws joined common law and equity.
Courts used equity, so equity prevailed over common law.
Act gave Irish farmers good rent, fixed tenure, and land-sale control.
Ireland had home rule.
Ireland gained increased home rule from England.
Act allowed land purchases by tenants.
Act allowed land purchases by tenants.
Ireland gained increased home rule.
Act pledged to form Jewish state in Palestine. 100,000 Jews then lived in Palestine.
Northern Ireland became part of Great Britain.
England nationalized many industries under Labor Party.
Currently, English law allows defense of lower accountability {diminished responsibility}| for crime. Accused was not in control of his mind and so was not responsible for his or her physical acts. Diminished responsibility includes irresistible impulses and mental states different from those of ordinary human beings. Defense must prove diminished responsibility. Successful defense requires verdict of culpable homicide, instead of murder.
English common law and equity combined in colonial law and later in state law.
Agreement among Pilgrims set up government. Pilgrims were Separatists from Church of England that had left England to come to Plymouth Colony in New England.
First American legislature started in Virginia.
He lived 1595 to 1652 and wrote about theocratic government by religious leaders.
They published the Fundamental Orders constitution. Thomas Hooker lived 1586 to 1647. John Haynes lived 1594 to 1654. Roger Ludlow lived 1590 to 1664. All were from England.
He lived 1578 to 1652. Puritans used his ideas in law codes.
He lived 1611 to 1677.
He lived 1652 to 1725, wrote about democracy, and resisted English tax collectors.
Molasses Act passed by English Parliament placed duties on rum and molasses in American colonies, but England did not enforce it.
Law passed by English Parliament allowed troop billeting in homes in American colonies.
He lived 1736 to 1799. In Maury case [1750], he successfully defended merchants against tobacco tax, which supported Anglican clergy. Virginia House of Burgesses had replaced tobacco tax with cash payment, but king vetoed payment. In 1765, he entered House of Burgesses and became leader. He said [1776], "Give me liberty or give me death." From 1789, he worked for Bill of Rights.
Benjamin Franklin suggested that colonies unite {Plan of Union} to fight American Indians.
He lived 1725 to 1783 and claimed that Americans were British citizens, that Parliament must conform to Constitution, and that taxation required representation. From 1761 to 1769, he led colonies until severe head injury. He tried to defend merchants from general search warrants {assistance, writ} {writ of assistance}.
Laws passed by English Parliament put customs duties on imports into American colonies.
First Continental Congress stated colony grievances against England, declared basic personal rights, and approved resolutions to alter commerce with England.
Congress met throughout Revolutionary War, printed worthless money, and borrowed heavily.
USA declared independence from Britain on July 2. Thomas Jefferson wrote Declaration, with Benjamin Franklin's help. John Hancock, Second Continental Congress president, signed his name in large letters.
Thomas Paine, Thomas Jefferson, James Madison, and Alexander Hamilton drafted Articles of Confederation, which Second Continental Congress adopted [1777]. Colonies ratified the Articles [1781]. States were sovereign. State legislatures selected and paid for delegates to Congress. In Congress, states had one vote each, and passing laws required nine votes. Federal government had no taxing power and no executive.
Madison lived 1751 to 1836. Hamilton lived 1755 to 1804. Jay lived 1745 to 1829. They wrote to gain support to ratify new Constitution.
First reservation created.
Maryland and Virginia discussed waterway rights and invited other states to send delegates to Annapolis. Five states came. Delegates called for constitutional convention in Philadelphia.
He lived 1745 to 1806 and proposed New Jersey Plan for constitution at Constitutional Convention, which was similar to Articles of Confederation, but senators and executives had life terms, like limited elected monarchy.
He lived 1753 to 1813 and proposed Virginia Plan for constitution at Constitutional Convention. Bicameral legislature has two parts. Executive or judiciary can veto state laws that violate Constitution.
Madison, Franklin, and Washington led Constitutional Convention. Washington presided. Madison wrote the mostly adopted Virginia Plan. Paterson wrote New Jersey Plan. Madison was chief Bill of Rights writer and supporter and wrote Virginia Resolution for states' rights. James Monroe was against Federalists.
He lived 1745 to 1807. First Congress required one Chief Justice and five Associate Justices for Supreme Court. Supreme Court was to try cases involving state relations, ambassadors, ministers, and consuls and to hear appeals from lower courts. President appointed judges, with Senate's consent. Judges had life terms. Only trial in Senate, needing two-thirds majority, can remove judge {impeachment, judge}. Judiciary Act also established fifteen District Courts and two Circuit Courts, which were higher than District Courts but lower than Supreme Court. He lived 1745 to 1807 and became USA Supreme Court Chief Justice [1796 to 1800] after John Jay resigned to run for Governor of New York. He resigned in 1800.
The states ratified Constitution, Delaware first.
He lived 1745 to 1829 and was first USA Supreme Court Chief Justice. He signed Jay's Treaty [1791] between USA and Britain over freedom of navigation, trade restrictions in West Indies, and evacuation of British Northwest forts, but it did not stop naval impressment. He resigned to run for Governor of New York [1791].
First Supreme Court favored strong central government and judicial review of legislation, which is not in Constitution.
Case allowed citizen of one state to sue another state in Supreme Court.
Act required federal agents to recapture runaway slaves. Northern states that had passed personal liberty laws did not enforce it.
He lived 1753 to 1824, had same ideas as Jefferson, and believed in farming communities with no aristocracy.
He lived 1755 to 1835, was at Constitutional Convention, defended Jay Treaty, went on X.Y.Z. mission to France [1797], entered Congress, became Secretary of State [1800], and was USA Supreme Court Chief Justice [1801 to 1820]. He increased Supreme Court power by insisting on its right to judge constitutionality of all laws. He allowed expansion of federal powers in opposition to states' rights. He did not like Thomas Jefferson or his ideas and interpreted federal government power broadly.
USA allowed bankruptcy.
USA allowed corporations.
USA reformed property and estate laws.
Act allowed Supreme Court to issue writs {mandamus} ordering officials to do legal acts.
In case of Marbury vs. Madison, Chief Justice John Marshall held that courts could not issue writs ordering officials to do legal acts, because it was unconstitutional. This was the first case in which USA Supreme Court ruled on law constitutionality. Dred Scott case was the next.
Number of judges on USA Supreme Court increased from six to seven.
Maryland gave vote to all male adults. New York and Massachusetts soon followed.
John Marshall, USA Supreme Court Chief Justice, declared a Georgia-legislature act unconstitutional. This was the first case in which USA Supreme Court ruled on state-law constitutionality.
He lived 1763 to 1847, was conservative Chancellor of New York State, and founded American equity system.
He lived 1782 to 1852, believed in Alexander Hamilton's ideas, was Whig, and argued Dartmouth College case about contracts and McCulloch vs. Maryland case about states' rights. He backed Compromise of 1850 to preserve union.
John Marshall, USA Supreme Court Chief Justice, declared New-Hampshire act that altered Dartmouth's charter unconstitutional, because it changed contract.
John Marshall, USA Supreme Court Chief Justice, declared Maryland had no right to tax notes of National-Bank Baltimore branch or to tax federal government parts. He asserted that Congress had right to establish National Bank [created 1791]. This decision curbed states' rights and limited state sovereignty.
Henry Clay promulgated act.
He lived 1797 to 1852 and believed in Alexander Hamilton's ideas. He favored strong central government, high tariffs for business protection, Bank of USA, Missouri Compromise, and Compromise of 1850.
Act established slave and free areas, admitted Missouri and Maine to union, allowed both slave and free states to enter Union, and opened Utah Territory and New Mexico Territory to slavery.
USA did not allow Europe to conquer or make colonies in Americas [1823]. Act prohibited foreign intervention in Americas [1826], but USA expanded into South America, causing resentment.
John Marshall, USA Supreme Court Chief Justice, established that the federal government had exclusive, not just concurrent, power to regulate interstate commerce and that states can only regulate interstate commerce under federal law.
John Marshall, USA Supreme Court Chief Justice, declared that Maryland not tax goods in state that held by importer just as received, because interstate commerce was under federal control.
New York State codified laws. Most states then adopted law codes.
He lived 1800 to 1872 and established war rules for USA Civil War.
Income taxes began in some states.
Cherokee and four other tribes had to move from east to Indian Territory in Oklahoma.
Supreme Court denied right of American natives to sue states or set up nations.
Congress ended imprisonment for debt.
Supreme Court allowed American natives to use their own law and land.
He lived 1782 to 1850 and believed in balanced powers and states' rights. In a tariff case {tariff of abominations}, he supported state right to declare federal law unconstitutional {nullification, Calhoun}. Vice-president and senator championed states' rights of veto and secession.
He lived 1779 to 1845 and wrote about bailments [1832], equity jurisprudence [1835 to 1836], equity pleadings [1838], agency [1839], partnership [1841], bills of exchange [1843], and promissory notes [1845].
He lived 1777 to 1864 and became USA Supreme Court Chief Justice [1836 to 1864].
Number of judges increased from seven to nine.
He lived 1807 to 1881 and developed Doe-Ray insanity tests. Insanity is a fact for juries to decide.
Judges of House of Lords allowed defense of insanity against responsibility for crime [1843]. Insanity is mental disease that causes defect of reason, which causes defendant either not to know act's nature and quality or to know what he was doing but not that it was wrong.
Admiralty Law changed to include all navigable water. Federal jurisdiction extended to all tidal waters.
Public interest laws regulating railroads, canals, and banks began.
Judicial terms shortened. People elected judges, rather than having appointed judges.
Women received more property rights.
States began to pay for public education and trained teachers in special schools.
Reformatories began for minors.
Third-party beneficiary had right to sue.
Law ended voting and office-holding restrictions based on religion or property.
Act allowed both slave and free states to enter Union. California became a free state, and Utah and New Mexico became territories.
Congress repealed Missouri Compromise, opening whole Louisiana Territory to slavery if territory voted for slavery. Texas, Indian Territory (Oklahoma), Missouri, Kentucky, Virginia, and all southern states were already slave states.
USA Supreme Court ruled that slaves were always slaves, unless bought out, that Scott was not a citizen, though he had lived free for several years, and that Missouri Compromise was unconstitutional. Ruling increased tension between north and south USA.
He lived 1841 to 1935. As USA Supreme Court Chief Justice [1902 to 1932], he emphasized human rights over property rights.
It entitled people to 160 acres of undeveloped land, to build homes. It replaced Premption Act [1941]. It ended, except in Alaska, with Federal Land Policy and Management Act [1976]. Alaska ended homesteading [1986].
Number of judges increased from nine to ten.
Amendment abolished slavery.
Act allowed South to organize itself, so North's military withdrew.
After Civil War, southern states prohibited intermarrying, required special labor contracts, apprenticed blacks under 18 without self-sufficient parents, imprisoned or apprenticed unemployed blacks over 18, and prohibited blacks from carrying firearms or knives.
Department helped freed slaves and war refugees.
All Negroes became citizens.
Number of judges decreased from ten to seven.
Laws placed military governments in Southern states. Congress had no southerners.
Act required President to obtain Senate's consent to remove officials appointed with Senate consent.
Number of judges increased from seven to nine.
He lived 1839 to 1897, was against laissez-faire, and favored taxing only real estate.
Act tried to end discrimination against blacks.
Baltimore & Ohio Railroad workers reacted to pay cuts that followed Panic of 1873. Then national railroad workers also struck. Pittsburgh and Chicago had rioting, and workers seized St. Louis and Toledo, until federal troops intervened.
First labor union in USA began.
Act ended right of Chinese to come to USA.
After Indian Removal Act [1930], Indian Intercourse Act [1934] established a territory. Cherokee, Chickasaw, Choctaw, Creek, and Seminole, the Five Civilized Tribes, of the South moved there along Trail of Tears and built Tulsa, Ardmore, Tahlequah, and Muskogee. Delaware, Cheyenne, and Apache also relocated there. Oklahoma Territory began [1890] in west Oklahoma. Indian Territory ended when Oklahoma became state [1907].
Supreme Court declared Civil Rights Act unconstitutional, because it was about social, rather than legal, rights.
Act based government service more on competency than patronage.
USA Supreme Court allowed black people to seek relief for hindrance of voting rights.
USA Supreme Court established right of blacks to vote in primary elections.
Act put American natives under legal protection and permanently gave families several hundred acres [increased in 1904].
Federal commission mediated labor-management disputes.
Lakota reservations delineated.
USA Supreme Court established right of blacks to vote in primary elections.
USA Supreme Court established right of blacks to vote in primary elections.
Women gained right to vote.
Old rule in common law was to enjoin combinations that restrained trade. Court injunctions stopped picketing and boycotting.
States allowed citizens to gather signatures to put statutes directly before voters {initiative}|. Nebraska was the first locally, and South Carolina the first statewide.
States allowed citizens to gather signatures to allow voters to judge statute {referendum}|. Nebraska was the first locally, and South Carolina the first statewide.
Act guaranteed equal trading rights for all nations in China.
Common carriers became responsible for injuries to employees, even if there was no negligence.
Act expanded Interstate Commerce Commission (ICC) power.
Congress limited work hours of trainmen and telegraphers.
He lived 1870 to 1964 and was dean of Harvard Law School [1916 to 1936]. He wrote about patterns of living together of actual people. Law must determine between conflicting interests. Law is tool for social engineering.
Child labor laws were held unconstitutional, until 1950's.
By 1908, all states used secret ballot {Australian ballot}.
Act provided that Japan only issue emigration papers to USA-citizen relatives or to people who manage businesses.
Congress passed law for minimum wage for women in industry, but Supreme Court declared it unconstitutional.
USA Supreme Court, under Brandeis, said that law that prohibited women from working more than ten hours a day was constitutional.
Oregon and then other states allowed citizens to gather signatures to allow voters to remove official from office {recall from office}|.
Act expanded Interstate Commerce Commission (ICC) power.
All states had workmen's compensation laws by 1910.
He lived 1862 to 1948 and was USA Supreme Court Associate Justice [1910 to 1916 and 1930 to 1941].
It prepares workers for new and better jobs and protects workers. It includes Bureau of Labor Statistics.
Act limited railway workers to eight work hours a day.
He lived 1856 to 1941 and was liberal USA Supreme Court Associate Justice [1916 to 1941] concerned about social justice. Constitution allows experimentation. Justices need to use what public thinks its interest is, not just law or policy.
Act suppressed dissent.
Act required literacy test and set quotas.
Act suppressed dissent.
Amendment prohibited alcohol sale, starting Prohibition. Organized crime started to make and sell alcohol. Democratic Party split over issue.
Amendment gave women right to vote. Some women voted in England in 1918, and all in 1939. Women voted in France in 1946.
Act was against monopolies.
Act protected injured workers.
Act exempted labor from anti-trust law. Senator LaFollette wrote it.
USA Supreme Court allowed injunctions against unions.
Act required literacy test and set quotas.
Act gave federal aid for childbirth care.
USA Supreme Court allowed injunctions against unions.
Native Americans became citizens.
Act revised immigration quotas.
He lived 1857 to 1938 and defended at Leopold-Loeb trial [1924], Scopes "monkey trial" [1925], and Massie trial [1934].
He lived 1872 to 1961.
Trial prosecuted teaching evolution in schools. Clarence Darrow defended Scopes. William Jennings Bryan helped prosecute.
He lived 1870 to 1938 and was Supreme Court Associate Justice [1932 to 1938].
Act reformed banking. Gold standard ended.
Housing Corporation helped build houses.
Act set up aid to unemployed and purchased surpluses.
Act formed industry trade associations, to establish fair-trade laws. It set up collective bargaining, minimum wage, maximum hours, and import controls. Supreme Court declared it unconstitutional.
Act prohibited injunctions against unions.
Department was for dams and other projects.
Department was for rural housing.
Act granted retirement and disability benefits.
Act created Civilian Conservation Corps.
Act compelled collective bargaining, stopped employer tampering with union, and formed Labor Relations Board. It allowed labor leaders to talk to workers but not employers. It did not put controls on entrenched union leadership and did not require public incorporation or accounting.
Agency employed construction workers to build public buildings and bridges.
Act established price supports for food products and paid for reducing supplies. Supreme Court declared it unconstitutional [1935].
Agency did outdoor work in camps by employing young men, who had to send money home to their families.
All tribes became self-governing.
Act created Securities and Exchange Commission and required information disclosure. Sarbanes-Oxley Act [2002] added to it.
Men kidnapped Charles Lindbergh's son and killed him, leading to federal laws against kidnapping.
Act set wage and hours controls for government contract work.
He lived 1886 to 1971 and was USA Supreme Court Associate Justice [1937 to 1971].
It revised the 1906 Food and Drugs Act. Food and Drug Administration Modernization Act [1997] updates law.
He lived 1882 to 1965 and was USA Supreme Court Associate Justice [1939 to 1962].
Act lent and leased equipment to Allies.
Act gave USA sovereignty over continental shelf and fisheries.
Act replaced Wagner Act labor laws.
Herbert Hoover headed commission to study executive branch.
Act established uniform laws for dealing with government agencies.
Arbitration laws began.
Law allowed suit settlement by giving facts {declamatory judgment} but making no final judgment.
Minors began to have special courts.
Small claims courts began.
He lived 1882 to 1967.
Richard Nixon spoke about involvement in the Alger Hiss case against Whittaker Chambers, because he investigated Communists.
He lived 1891 to 1974 and was USA Supreme Court Chief Justice [1953 to 1969]. USA Supreme Court ended legal segregation, forced one man-one vote legislatures, and defended rights of accused people.
Act is business law in all states, except for Louisiana.
Act discontinued segregation.
Act is Title II of Civil Rights Act of 1968. USA has more than 550 Native-American nations.
Code of Professional Responsibility requires lawyers to keep all conversations between lawyer and client confidential and has other duties.
He lived 1907 to 1995 and was USA Supreme Court Chief Justice [1969 to 1986].
He lived 1924 to 2005 and was USA Supreme Court Justice [1972 to 1986] and Chief Justice [1986 to 2005].
Lawyers in USA number 350,000, with two-thirds in private practice.
As caravans and pack trains crossed territories, brokers arranged trades and money exchanges.
Olive branch or peace pipe showed peaceful intentions.
He lived 1461 to 1536 and was international lawyer.
He lived 1483 to 1546, was Dominican, and was at Salamanca. He wrote about natural and international law, especially as applied to American native peoples.
Alciatus lived 1492 to 1550, wrote about international law, and founded Bourges University. He tried to discover pure Roman law from commentaries and added good other laws.
He lived 1520 to 1590 and helped establish Continental law and international law, using original sources. He studied law at Bourges University, was Alciati's pupil's student, and studied law's relations to history and literature.
He lived 1500 to 1560, was international lawyer, was Alciatus' pupil, and founded Louvain University.
He lived 1557 to 1624 and was international lawyer.
He lived 1527 to 1591, was international lawyer, and studied law at Bourges University.
He lived 1552 to 1608 and emphasized that contemporary situations required new international law rules.
His ideas came into use in approximately 1900.
He established peace-treaty rules, neutrality rules, and war rules. He established justifications for war, especially self-defense.
Licenses for reprisal against another nation's vessels {letters of marque} are unlawful, because they lead to piracy. Travelers in peacetime have freedom of passage, especially over seas.
Diplomatic personnel have immunity from prosecution, have right of passage, and have right of property and person protection. Rulers cannot reject embassies but can return particular ambassadors. All nations, no matter what governmental system or ruler, are in society of nations.
Epistemology
Rights and laws based on reason are true for all people at all times.
He lived 1583 to 1645 and was the "father of international law". He described current international law, basing his ideas on natural law, reason, and Roman ius gentium.
Ethics
Moral precepts are true even without God, are rational, and are social.
Law
International law depends on natural law, customs, and agreements. Natural law comes from man's social nature and needs, is absolute, is power and authority basis, and protects property and life rights. Law gives rights and justice by the ruled's consent.
Politics
People have natural rights, which government should guarantee. State is social contract. Aristocratic republic is best.
He lived 1632 to 1694.
Law
Laws define what to do or not do and prescribe punishment. Travelers have freedom of seas, except in territorial waters.
Politics
Man's natural duties, defined by natural law, are examples of state duties. Authority has legitimate power to limit freedom and punish people to make people secure or better. Authority can also be legitimate if people have consented. People have obligation to obey superiors. Social relations aid individual self-preservation. Theocracy is not good. Taking booty is sovereign's right, and it is then his property. Treaty or danger {necessity} can allow nations to prevent actions they normally allow.
He lived 1655 to 1728, was international lawyer, and helped found natural law.
He lived 1673 to 1743 and emphasized actual law practice. He established neutral country protections, blockade rules, and contraband rules. One cannon shot, three miles, is territorial-waters limit. High seas are free to all. Ambassadors should have full protection. War declarations are unnecessary.
He lived 1714 to 1767, was international lawyer, and believed in natural law. Nations are like moral persons, so ethics is a consideration in law.
Act called on Europe to restore Louis XVI of France.
He lived 1779 to 1861, was international lawyer, and started Historical School [1810 to 1842]. He emphasized Roman law and customs as the law basis. He first recreated classical law, contrasted Roman law to natural law, and tried to show how law had evolved.
He lived 1818 to 1892 and was an international lawyer and Roman-law scholar.
He lived 1817 to 1903 and was an international lawyer and Roman-law historian.
Act was first international law code. It described naval war rules, ended privateering, established contraband rules, and established blockade rules. Most sea-faring nations signed.
Act established rules for wounded soldiers. Nine states signed.
Act established rules about explosive or inflammable projectiles.
Conference used war rules of Francis Leiber for USA Civil War and proclaimed Declaration of Brussels. It prohibited pillage and bombardment of open towns and established occupation rules and prisoner-treatment rules. Britain did not ratify it, and it failed. Later, nations adopted its ideas.
Conference revised war rules by the Hague Declarations.
Act established blockade, contraband, and naval war rules, but England did not ratify it.
League of Nations established court.
Open to all nations, it prohibited war and forced peaceful settlements to be sought.
Nuremburg Nazi-war-criminal trials changed international law. They used laws passed after the acts {ex post facto law} {nullum crimen nulla poena sine lege}. They had no precedents. Aggressive war is crime. Aggressive-nation leaders are responsible for war, because people have duties to conscience that are higher than duties to state.
United Nations declared it.
During Meiji period, Japan modernized law based on French and German law.
Constitution formed a parliament.
First maritime customs developed.
Maritime customs developed from Digest of Code of Justinian [600] and from Rhodes' ancient maritime customary law.
Amalfi was one of four Maritime republics, but Pisa ended it [1135].
Maritime customs developed.
Richard I published maritime customs, and British, Scotch, and Normans used them.
Maritime customs developed.
Gotland is largest island in Baltic Sea. Visby was a chartered Hanseatic town [1000]. Twenty tings sent elected judges to meetings {alting} {Gutnaltinget}.
Maritime customs were in use for five centuries.
Hanseatic League (Hansa) developed maritime customs based on Sea Laws of Gotland and Lübeck laws. German merchants formed associations {Hansa}. German and Scandinavian merchants founded Hanseatic League [1150], including Lübeck, Westfalia, Saxony, and Gotland. It added Bremen and Livonia [1200 to 1220]. Lübeck and Hamburg united [1241], then Lübeck and Visby (Gotland) united [1280], starting Hansa towns. Towns were Saxon, Wendish, Prussian, and Livonian. Members met at Lubeck [1358]. Hansa united to war with Waldemar Atterdag of Denmark [1361]. Cologne Confederation [1367] had cities from Holy Roman Empire, Netherlands, and area controlled by Teutonic Knights.
Maritime law changed as bank issued first bills of exchange and first insurance [1407].
National maritime law codes began, disunifying maritime law.
Laws were about insurance losses [1890 and 1950].
International maritime code developed.
It increased limitation amounts in general and for containers. Visby is largest city on Gotland Island, which belongs to Sweden.
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Date Modified: 2022.0225