Injunction

Introduction to Injunction Injunction, generally, an order or decree in the law of equity, requiring a defendant to refrain from committing a specific act, either in process or threatened, injurious to the plaintiff. Injunctions are granted on the usual grounds for equitable actions, namely, […]

Cemetery

Cemetery, Authority From the book The Clergyman's Hand-book of Law, about Cemetery, Authority (1): When a congregation that had title to a cemetery for many years entrusted the management and sale of the lots to the priest, he had thereby authority to create servitudes, such as alleys to […]

Politics

Politics Politics From the book The Clergyman's Hand-book of Law, about Politics (1): A minister who had been expelled by his congregation for voting the Democratic ticket, had some of the members of the church arrested under the election laws for intimidating a voter. The court held that […]

Civil Law

Introduction to Civil Law "Civil Law, term applied to a legal tradition originating in ancient Rome and to the contemporary legal systems based on this tradition. Modern civil law systems, which were originally developed in Western European countries, have spread throughout the world. […]

Church

The Legal History of Church and State in United States Law This section provides an overview of Church and State in United States Law Church, Religious Society From the book The Clergyman's Hand-book of Law, about Church, Religious Society (1): A church in one sense is more limited than a […]

Public Health

Introduction to Public Health Public Health, protection and improvement of the health of entire populations through community-wide action, primarily by governmental agencies. The goals of public health are to prevent human disease, injury, and disability; protect people from environmental […]

Bankruptcy

The Legal History of Bankruptcy This section provides an overview of Bankruptcy Bankruptcy-Remote (SPE) in Financial Law Concept of Bankruptcy-Remote (SPE) in this field: An SPE satisfying certain legal criteria, whose assets have been isolated from and are outside of the reach of the […]

Minister

From the book The Clergyman's Hand-book of Law, about Minister (1): A minister is one who acts as, or performs some of the functions of, a clergyman.55 Resources Notes and References

    Charles M. Scanlan, The Clergyman's Hand-book of Law. The Law of Church and Grave (1909), Benziger […]

Building

Used as a noun, a vessel. The term is used in conjunction with vessels under construction or already afloat; a newly launched vessel is said to be a new building….

Removal

Removal, Suspension, Trial From the book The Clergyman's Hand-book of Law, about Removal, Suspension, Trial (1): In the United States under the laws and discipline of the Catholic Church a priest may be removed from the charge of a congregation at the pleasure of the bishop, without […]

Sale

The Legal History of SaleThis section provides an overview of Sale ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Sale in the Oxford International Encyclopedia of Legal History (Oxford University Press) The Oxford Encyclopedia of American […]

Evidence

Introduction to Evidence Evidence, the means by which disputed facts are proved to be true or untrue in any trial before a court of law or an agency that functions like a court. Because American law is committed to a rational rather than a formalistic system of evidence, no value is assigned […]

Jurisdiction

Criminal Procedure: Jurisdiction Introduction to Jurisdiction For a criminal conviction to be valid, both the sovereign power (the state or federal government) and the specific court that tries the accused must have jurisdiction (authority) over the crime charged. Jurisdiction refers to a […]

Constitutional Law

Introduction to Constitutional Law Constitutional Law, system of fundamental principles on the organization of a country's government and the limitations of its powers. In the United States, constitutional law refers to legal rights that are directly addressed in the Constitution of the […]

Insurance

The Legal History of Insurance This section provides an overview of Insurance "My Wife, Anna Jones," Divorce, Insurance From the book The Clergyman's Hand-book of Law, about "My Wife, Anna Jones," Divorce, Insurance (1): A bequest or devise to "my wife, Anna […]

Damages

Introduction to Damages Damages, an award of money that a court of law requires be given to one who has suffered a loss, injury, or invasion of a legal right (as when one party to a contract does not fulfill its obligations) as a result of the act of another. Damages may be compensatory or […]

Holy See

Embracing mainstream international law, this section on holy see explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "holy see" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the […]

Language

Language Language Model Syntax in Legal Information Retrieval The following is a basic concept of Language Model Syntax in relation to information retrieval. In addition to this, Language Model Syntax may be applied to legal texts, including case law, legislation and scholarly works. […]

Regulation

The Legal History of Regulation This section provides an overview of Regulation Public, Regulation From the book The Clergyman's Hand-book of Law, about Public, Regulation (1): The right to bury in a public cemetery is a privilege or license that is subject to municipal regulation, and […]

Common Law

Introduction to Common Law "Common Law, term used to refer to the main body of English unwritten law that evolved from the 12th century onward. The name comes from the idea that English medieval law, as administered by the courts of the realm, reflected the "common"customs of […]

Canon Law

Orthodox ChurchesFor more information about this section, in the context of legal history, see the main entry in this legal encyclopedia. Protestant ChurchesFor more information about this section, in the context of legal history, see the main entry in this legal encyclopedia. The […]

Mortgage

Introduction to Mortgage Mortgage, legal instrument that pledges a house or other real estate as security for repayment of a loan. By providing a guarantee that the loan will be paid back, a mortgage enables a person to buy property without having the funds to pay for it outright. If the […]

Religion

The Legal History of Religion This section provides an overview of Religion. Religion & Law Pages Online Legal Resources

The Islamic Law entry The Jewish Law entry U.S. Federal Religion Law Decisions Recent U.S. Supreme Court Religion Law Decisions – at the Legal […]

Dismissal

Spanish Translation of nonsuit and dismissal This is the legal translation of English to Spanish in relation to nonsuit or dismissal and / or a definition of this topic: Sobreseimiento (in Spanish, without translation of the dictionary entry). Dismissal of Head of Government in Constitutional […]

Marriage

Disasters and the law Marriage, Sexual Behaviour and the Law Further Reading Marriage in the Encyclopedia of Sexual Behavior and the Law The Legal History of Marriage This section provides an overview of Marriage Marriage and Family Life in the CEDAW Article 16: of the Convention on the […]

Standard

Doctrine, Standard From the book The Clergyman's Hand-book of Law, about Doctrine, Standard (1): To ascertain the tenets and doctrines of a church, resort must be had to history and to prior and contemporary standard writings of its members on theology.31 Resources Notes and References […]

Donation

The Legal History of Donation (Gift) This section provides an overview of Donation (Gift) Donation, Hostile, Religion From the book The Clergyman's Hand-book of Law, about Donation, Hostile, Religion (1): On the other hand the United States Supreme Court declared the legal right of donees […]

Roman Law

Introduction to Roman Law Roman Law, in general usage, legal system developed by the Romans from the time of their first codification of law, known as the Law of the Twelve Tables (see Twelve Tables, Law of the), in 450 bc to the death of Justinian I, ruler of the Byzantine Empire, in ad […]

Loan

The Legal History of LoanThis section provides an overview of Loan ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Loan in the Oxford International Encyclopedia of Legal History (Oxford University Press) The Oxford Encyclopedia of American […]

Management

Management Management, Disability From the book The Clergyman's Hand-book of Law, about Management, Disability (1): An unincorporated society is managed by those who are competent to transact their own business. Therefore, it would seem that members must be men over twenty-one years of […]

Lease

Lease, Purposes From the book The Clergyman's Hand-book of Law, about Lease, Purposes (1): A religious literary society and scientific corporation has power to lease part of a building owned by it for theatrical and operatic purposes.532 Resources Notes and References

    Charles M. […]

Incorporation

Incorporation, Evidence From the book The Clergyman's Hand-book of Law, about Incorporation, Evidence (1): The certificate of incorporation or charter of a religious society or a certified copy thereof from the public record, is the proper evidence thereof.115 Secondary evidence and […]

United States

Wisconsin, Mississippi, New York From the book The Clergyman's Hand-book of Law, about Wisconsin, Mississippi, New York (1): The statutory law of the different States of the Union is so varied and the laws of one State are of so little interest to the people of another that it would be […]

Quorum

A quorum is the minimum number of people o members of a committee, board of directors, society, meeting of shareholders, legislative assembly or other body required to be in attendance in order a vote can be taken or the body to act. Legislative Quorum in Canada As stated by the […]

Fraud

Introduction to Fraud Fraud, in law, general term for any instance in which one party deceives or takes unfair advantage of another. Any means used by one person to deceive another may be defined as fraud. For example, if a person represents himself or herself as the agent of a business with […]

Treasurer

Treasurer, Accepting a Draft From the book The Clergyman's Hand-book of Law, about Treasurer, Accepting a Draft (1): A parish treasurer has no authority under any condition to bind the corporation by accepting a draft in favor of a third person. A treasurer elected for the purpose of […]