BA-LLB Handout Notes

The Handout Notes for BA-LLB student.

Friday, February 22, 2013

Monday, February 18, 2013

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Basic Law Definition with W letter

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With prejudice

A declaration which dismisses all rights. A judgment barring the right to bring or maintain an action on the same claim or cause.

Wage Earner's Plan

Also, Chapter 13. A chapter of the Bankruptcy Code which allows a debtor to file a wage earner's plan for payment of a percentage of his debts from future earnings.

Waiver

Intentionally given up right.

Waiver of immunity

A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.

Warrant

Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.

Warranty

A promise that a proposition of fact is true.

Warranty deed

A deed which guarantees that the title conveyed is good and its transfer rightful.

Water rights

The right to use water.

Will

A legal declaration that disposes of a person's property when that person dies.

Withholding

A tax deducted from a salary, wage, or other income on behalf of the government at the time of payment of wages to the person who pays it.

Without prejudice

A declaration that no rights or privileges of the party concerned are waived or lost. In a dismissal these words maintain the right to bring a subsequent suit on the same claim.

Witness

One who personally sees or perceives a thing; one who testifies as to what he has seen, heard, or otherwise observed.

Words and Phrases Legally Defined

A set of books in dictionary form which lists judicial determinations of a word or phrase.

Worker's compensation

A state agency which handles claims of workers injured on their jobs.

Writ

A judicial order directing a person to do something.

Writ of certiorari

An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

Writ of execution

An order of the court evidencing debt of one party to another and commanding the court officer to take property in satisfaction of the debt.

Writ of garnishment

An order of the court whereby property, money, or credits int he possession of another person may be seized and applied to pay a debtor's debt. It is used as an incident to or auxiliary of a judgment rendered in a principal action.

Zoning Commission

Local agencies with jurisdiction to regulate use of properties within their geographic area.


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Basic Law Definition with R letter

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Ratification

The confirmation or adoption of a previous act done either by the party himself or by another.

Ratio decidendi

The ground or reason of the decision in a case.

Real property

Land, buildings, and whatever is attached or affixed to the land. Generally synonymous with the words "real estate."

Reasonable doubt

An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt;" that state of minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.

Reasonable person

A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge; intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. Thus, the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do.

Rebut

Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.

Recidivism

The continued, habitual or compulsive commission of law violations after first having been convicted or prior offenses.

Recognizance

An obligation entered into before a court whereby the recognizor acknowledges that he will do a specific act required by law.

Record

All the documents and evidence plus transcripts of oral proceedings in a case.

Recuse

The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party.

Redirect examination

Portunity to present rebuttal evidence after one's evidence has been subjected to cross examination.

Redress

To set right; to remedy; to compensate; to remove the causes of a grievance.

Referee

A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court. A referee is an officer with judicial powers who serves as an arm of the court.

Rehearing

Another hearing of a civil or criminal case by the same court in which the case was originally heard.

Registered mark

Trademark with the words "Registered in the U.S. Patent and Trademark Office" or the letter "R" enclosed within a circle.

Rejoinder

Opportunity for the side that opened the case to offer limited response to evidence presented during the rebuttal by the opposing side. (See rebut.)

Remand

To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.

Remedy

Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.

Remittitur

The reduction by a judge of the damages awarded by a jury.

Removal

The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.

Replacement volumes

Volumes which replace books and their pocket parts when the pocket parts cause the books to become too bulky.

Replevin

An action for the recovery of a possession that has been wrongfully taken.

Reply

The response by a party to charges raised in a pleading by the other party.

Reporters

Books which contain court decisions.

Request for admission

Also, Request to Admit. Written statements of facts concerning a case which are submitted to an adverse party and which that party must admit or deny; a discovery device.

Request for production of documents

A direction or command served upon another party for production of specified documents for review with respect to a suit; a discovery devise.

Res ipsa loquitur

Literally, " a thing that speaks for itself." In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.

Res judicata

A rule of civil law that once a matter has been litigated and final judgment has been rendered by the trial court, the matter cannot be relitigated by the parties in the same court, or any other trial court. A court will use res judicata to deny reconsideration of a matter.

Rescission

The unmaking or undoing of a contract; repeal.

Research

A careful hunting for facts or truth about a subject; inquiry; investigation.

Resolution

The formal adoption of a motion.

Respondeat superior

Literally, "a superior (or master) must answer." The doctrine which holds that employers are responsible for the acts and omissions of their employees and agents, when done within the scope of the employees' duties.

Respondent

The person against whom an appeal is taken.

Rest

A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.

Restatement

A publication which tells what the law is in a particular field, as compiled from statutes and decisions.

Restitution

Act of restoring anything to its rightful owner; the act of restoring someone to an economic position he enjoyed before he suffered a loss.

Retainer

Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he or she retains the attorney to act for them.

Return

A report to a judge by police on the implementation of an arrest or search warrant. Also, a report to a judge in reply to a subpoena, civil or criminal.

Reverse

An action of a higher court in setting aside or revoking a lower court decision.

Reversible error

A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court.

Revocable trust

A trust that the grantor may change or revoke.

Revoke

To cancel or nullify a legal document.

Right of way

The right of a party to pass over the land of another.

RobinsonPatman Act

An amendment to the Clayton Act which deals with price discrimination.

Robbery

Felonious taking of another's property, from his or her person or immediate presence and against his or her will, by means of force or fear.

Rules

Established standards, guides, or regulations set up by authority.

Rules of evidence

Standards governing whether evidence in a civil or criminal case is admissible.


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Basic Law Definition with P letter

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Paperbound supplement

A temporary supplement to a book or books to update the serve.

Paralegal

Also, legal assistant. A person with legal skills who works under the supervision of a lawyer.

Pardon

An act of grace from governing power which mitigates punishment and restores rights and privileges forfeited on account of the offense.

Parol evidence

Oral or verbal evidence; evidence given by word of mouth in court.

Parole

Supervised release of a prisoner from imprisonment on certain prescribed conditions which entitle him to termination of his sentence.

Party

A person, business, or government agency actively involved in the prosecution of defense of a legal proceeding.

Patent

A grant to an inventor of the right to exclude others for a limited time from make, using, or selling his invention in the United States.

Patent and Trademark Office

The federal agency which examines and issues patents and registers trademarks.

Peremptory challenge

Request by a party that a judge not allow a certain prospective juror as a member of the jury. No reason or cause need be stated.

Periodical

A publication which appears regularly but less often than daily.

Perjury

The criminal offense of making a false statement under oath.

Permanent injunction

A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction.

Per se doctrine

Under this doctrine an activity such as price fixing can be declared as a violation of the antitrust laws without necessity of a court inquiring into the reasonableness of the activity.

Personal property

Anything a person owns other than real estate.

Personal recognizance

In criminal proceedings, the pretrial release of a defendant without bail upon his or her promise to return to court.

Personal representative

The person who administers an estate. If named in a will, that person's title is an executor. If there is no valid will, that person's title is an administrator.

Person in need of supervision

Juvenile found to have committed a "status offense" rather than a crime that would provide a basis for a finding of delinquency.

Petit jury

The ordinary jury of twelve (or fewer) persons for the trial of a civil or criminal case. So called to distinguish it from the grand jury.

Petitioner

The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court.

Plaintiff

A person who brings an action; the party who complains or sues in a civil action.

Plea

The first pleading by a criminal defendant, the defendant's declaration in open court that he or she is guilty or not guilty. The defendant's answer to the charges made in the indictment or information.

Plea bargaining

Process where the accused and the prosecutor in a criminal case work out a satisfactory disposition of the case, usually by the accused agreeing to plead guilty to a lesser offense. Such bargains are not binding on the court. Also referred to as plea negotiating.

Pleadings

The written statements of fact and law filed by the parties to a lawsuit.

Pocket parts

Supplements to law books in pamphlet form which are inserted in a pocket inside the back cover of the books to keep them current.

Polling the jury

The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.

Posttrial

Refers to items happening after the trial, i.e., posttrial motions or post-trial discovery.

Pourover will

A will that leaves some or all estate assets to a trust established before the willmaker's death.

Power

Authority to do. One has the power to do something if he is of legal age. Also, used as "powers," the term refers to authority granted by one person to another, i.e., powers given an executor in a will or an agent in a power of attorney.

Power of attorney

An formal instrument authorizing another to act as one's agent or attorney.

Precedent

Laws established by previous cases which must be followed in cases involving identical circumstances.

Preinjunction

Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. It differs from a temporary restraining order.

Preliminary hearing

Also, preliminary examination. A hearing by a judge to determine whether a person charged with a crime should be held for trial.

Preponderance of proof

Greater weight of the evidence, the common standard of evidence in civil cases.

Presentence report

A report to the sentencing judge containing background information about the crime and the defendant to assist the judge in making his or her sentencing decision.

Presentment

Declaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties. It ordinarily does not include a formal charge of crime. A presentment differs from an indictment.

Presumption of law

A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence.

Pretermitted child

A child born after a will is executed, who is not provided for by the will. Most states have laws that provide for a share of estate property to go to such children.

Pretrial conference

Conference among the opposing attorneys and the judge called at the discretion of the court to narrow the issues to be tried and to make a final effort to settle the case without a trial.

Prima facie case

A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process.

Primary authority

Constitutions, codes, statutes, ordinances, and case law sources.

Private law

That law, such as a contract between two persons or a real estate transaction, which applies only to the persons who subject themselves to it.

Privilege

A benefit or advantage to certain persons beyond the advantages of other persons, i.e., an exemption, immunity, power, etc.

Pro se

For himself; in his own behalf. One who does not retain a lawyer and appears for himself in court.

Probable cause

A reasonable belief that a crime has or is being committed; the basis for all lawful searches, seizures, and arrests.

Probate

Court proceeding by which a will is proved valid or invalid. Term used to mean all proceedings pertaining to the administration of estates such as the process by which assets are gathered; applied to pay debts, taxes, and expenses of administration; and distributed to those designated as beneficiaries in the will. Conducted in states courts.

Probate court

The court with authority to supervise estate administration.

Probate estate

Estate property that may be disposed of by a will.

Probation

An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision of a probation officer. A violation of probation can lead to its revocation and to imprisonment.

Product liability

Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods.

Promisee

An individual to whom a promise is made.

Promisor

An individual who makes a promise.

Promissory estoppel

A promise which estops the promisee from asserting or taking certain action.

Property tax

A tax levied on land and buildings (real estate) and on personal property.

Proprietor

Owner; person who has legal right or title to anything.

Prosecutor

A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.

Proximate cause

The last negligent act which contributes to an injury. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.

Proxy

The instrument authorizing one person to represent, act, and vote for another at a shareholders' meeting of a corporation.

Public law

That law such as traffic ordinances or zoning ordinances which applies to the public.

Public defender

Government lawyer who provides free legal defense services to a poor person accused of a crime.

Public Service Commission

Also, Public Utilities Commission. A state agency which regulates utilities.

Punitive damages

Money award given to punish the defendant or wrongdoer.

Purchase agreement or purchase offer

Also, sales agreement and earnest money contract. Agreement between buyer and seller of property which sets forth in general the price and terms of a proposed sale.

Putative

Alleged; supposed; reputed.



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Basic Law Definition with G letter

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Garnishment

A legal proceeding in which a debtor's money, in the possession of another (called the garnishee) is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.

General jurisdiction

Refers to courts that have no limit on the types of criminal and civil cases they may hear.

Good time

A reduction in sentenced time in prison as a reward for good behavior. It usually is one third to one half of the maximum sentence.

Government Printing Office

The federal agency in charge of printing, binding, and selling of all government communications.

Grand Jury

A jury of inquiry whose duty it is to receive complaints and accusations in criminal matters and if appropriate issue a formal indictment.

Grantor

The person who sets up a trust. Also referred to as "settlor."

Grievance

In labor law a complaint filed by an employee regarding working conditions to be resolved by procedural machinery provided in the union contract. An injury, injustice, or wrong which gives ground for complaint.

Guardian

A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably will be a close relative.

Guardianship

Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself.
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Basic Law Definition with E letter

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Elements of a crime

Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors.

Embezzlement

The fraudulent appropriation by a person to his own use or benefit or property or money entrusted to him by another.

Eminent Domain

The power of the government to take private property for public use through condemnation.

En Banc

All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.

Encyclopedia

A book or series of books arranged alphabetically by topics containing information on areas of law, including citations to support the information.

Enjoin

To order a person to perform, or to abstain and desist from performing a specified act or course of conduct. See injunction.

Entity

A person or legally recognized organization.

Entrapment

The act of inducing a person to commit a crime so that a criminal charge will be brought against him.

Entry

A statement of conclusion reached by the court and placed in the court record.

Environment

The conditions, influences, or forces which affect the desirability and value of property, as well as the effect on people's lives.

Environmental Protection Agency (EPA)

A federal agency created to permit coordinated and environment effective governmental action to preserve the quality of the environment.

Equal Protection of the Law

The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.

Equitable action

An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.

Equity

Justice administered according to fairness; the spirit or habit of fairness in dealing with other persons.

Equity, courts of

Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law.

Escheat

The process by which a deceased person's property goes to the state if no heir can be found.

Escrow

Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement is met.

Esquire

In the United States the title commonly appended after the name of an attorney. In English law a title of dignity next above gentleman and below knight. Title also given to barristers at law and others. Abbreviated: Esq.

Estate

A person's property.

Estate tax

Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes.

Estoppel

An impediment that prevents a person from asserting or doing something contrary to his own previous assertion or act.

Et al

An abbreviation of the Latin et alii, meaning "and others," ordinarily used in lieu of listing all names of persons involved in a proceeding.

Et seq

An abbreviation for the Latin et sequentes, meaning "and the following," ordinarily used in referring to a section of statutes.

Ethics

Of or relating to moral action and conduct; professionally right; conforming to professional standards.

Evidence

Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Exceptions

Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.

Exclusionary Rule

The rule preventing illegally obtained evidence to be used in any trial.

Exclusion of witnesses

An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. The witnesses are ordered not to discuss their testimony with each other and may be held in contempt if they violate the order.

Execute

To complete; to sign; to carry out according to its terms.

Executor

A personal representative, named in a will, who administers an estate.

Exempt property

All the property of a debtor which is not attachable under the Bankruptcy Code or the state statute.

Exhibit

A document or other item introduced as evidence during a trial or hearing.

Exonerate

Removal of a charge, responsibility, or duty.

Ex contractu

Arising from a contract.

Ex delicto

Arising from a wrong, breach of duty.

Ex parte

On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.

Expert testimony

Testimony given in relation to some scientific, technical or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill or familiarity with the subject.

Ex post facto

After the fact, ordinarily used in reference to constitutional prohibition on ex post facto laws. For example, a person cannot be punished for conduct committed before a criminal law was enacted.

Expungement

The process by which the record of criminal conviction is destroyed or sealed.

Extradition

The surrender of an accused criminal by one state to the jurisdiction of another.

Extraordinary writ

A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto


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Basic Law Definition with D letter

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Damages

Money awarded by a court to a person injured by the unlawful actor negligence of another person.

Debtor

One who owes a debt to another; a person filing for relief under theBankruptcy Code.

Decision

The opinion of the court in concluding a case at law.

Declaratory judgment

A statutory remedy for judicial determination of a controversy where plaintiff is in doubt about his legal rights.

Decree

An order of the court. A final decree is one that fully and finally disposes of the litigation. (See interlocutory.)

Defamation

That which tends to injure a person's reputation. (See libel and slander.)

Default

Failure of the defendant to appear and answer the summons and complaint.

Default judgment

A judgment entered against a party who fails to appear in court or respond to the charges.

Defendant

The person defending or denying a suit.

Defense of property

Affirmative defense in criminal law or tort law where force was used to protect one's property.

Deficient

Incomplete; defective; not sufficient in quantity or force.

Defunct

A corporation no longer operative; having ceased to exist.

Deliberation

The jury's decision making process after hearing the evidence and closing arguments and being given the court's instructions.

Delinquency

The commission of an illegal act by a juvenile.

Demurrer

A pleading filed by the defendant that the complaint as filed is not sufficient to require an answer.

Dependent

One who derives existence and support from another?

Deposition

Testimony of a witness or a party taken under oath outside the courtroom, the transcript of which becomes a part of the court's file.

Digest

An index or compilation of abstracts of reported cases into one, set forth under proper law topic headings or titles and usually in alphabetical arrangement.

Direct evidence

Proof of facts by witnesses who saw acts done or heard words spoken.

Direct examination

The first questioning of witnesses by the party on whose behalf they are called.

Directed verdict

In a case in which the plaintiff has failed to present on the facts of his case proper evidence for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it.

Disbarment

Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer's right to practice law.

Discharge

The name given to the bankruptcy court's formal discharge of a debtor's debts. In probate, the release of the estate's representative from fiduciary responsibility.

Disclaim

To refuse a gift made in a will.

Discovery

The name given pretrial devices for obtaining facts and information about the case.

Dismissal

The termination of a lawsuit.

Disposition

The order of a juvenile court determining what is to be done with a minor already adjudged to be within the court's jurisdiction. In criminal cases, the settlement of a case.

Dissent

To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

Dissolution

The termination; process of dissolving or winding up something.

Diversion

The process of removing some minor criminal, traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.

Docket

An abstract or listing of all pleadings filed in a case; the book containing such entries; trial docket is a listN of or calendar of cases to be tried in a certain term.

Docket control

A system for keeping track of deadlines and court dates for both litigation and non-litigation matters.

Domicile

The place where a person has his permanent home to which he intends to return.

Double jeopardy

Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the United States Constitution.

Due process of law

The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.


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Basic Law Defintion with C letter

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Capital crime

A crime punishable by death.

Calendar

A list of cases scheduled for hearing in court.

Calling the docket

The public calling of the docket or list of causes at commencement of term of court, for setting a time for trial or entering orders.

Canons of ethics

Standards of ethical conduct for attorneys.

Capacity

Having legal authority or mental ability. Being of sound mind.

Caption

Heading or introductory party of a pleading.

Case law

Law established by previous decisions of appellate courts, particularly the United States Supreme Court.

Cases

General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.

Cause

A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.

Cause of action

The fact or facts which give a person a right to relief in court.

Caveat

A warning; a note of caution.

Cease and desist order

An order of an administrative agency or court prohibiting a person or business from continuing a particular course of conduct.

Censure

An official reprimand or condemnation of an attorney.

Certificate of Title

Document issued by Registrar of Titles for real estate registered under the Torrens System, which is considered conclusive evidence of the present ownership and state of the title to the property described therein.

Certification

1. Written attestation. 2. Authorized declaration verifying that an instrument is a true and correct copy of the original.

Certiorari

A writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. (Sometimes referred to as "granting cert.")

Challenge

An objection, such as when an attorney objects at a hearing to the seating of a particular person on a civil or criminal jury.

Challenge for cause

A request from a party to a judge that a certain prospective juror not be allowed to be a member of a jury because of specified causes or reasons.

Chambers

A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public.

Change of venue

Moving a lawsuit or criminal trial to another place for trial.

Character evidence

The testimony of witnesses who know the general character and reputation of a person in the community in which he or she lives. It may be considered by the jury in a dual respect: (1) as substantive evidence upon the theory that a person of good character and reputation is less likely to commit a crime than one who does not have a good character and reputation, and (2) as corroborative evidence in support of a witness's testimony as bearing upon credibility.

Charge to the jury

The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Chief judge

Presiding or administrative judge in a court.

Chattel

An article of personal property.

Child

Offspring of parentage; progeny.

Chronological

Arranged in the order in which events happened; according to date.

Circumstantial evidence

All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.

Citation

A writ or order issued by a court commanding the person named therein to appear at the time and place named; also the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents.

Citators

A set of books which provides the subsequent history of reported decisions through a form of abbreviations or words.

Civil

Relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings.

Civil action

An action brought to enforce or protect private rights.

Civil law

Law based on a series of written codes or laws.

Civil procedure

The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Claim

A debt owing by a debtor to another person or business. In probate parlance, the term used for debts of the decedent and a procedure that must be followed by a creditor to obtain payment from his estate.

Class action

A lawsuit brought by one or more persons on behalf of a larger group.

Clayton Act

A federal law which is an amendment to the Sherman Act dealing with antitrust regulations and unfair trade practices.

Clean air acts

Federal and state environmental statutes enacted to regulate and control air pollution.

Clear and convincing evidence

Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.

Clemency or executive clemency

Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. (Sometimes known as commutation or pardon.)

Clerk of Court

Administrator or chief clerical officer of the court.

Closing argument

The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.

Code of Federal Regulations

An annual publication which contains the cumulative executive agency regulations.Code of Professional Conduct The rules of conduct that govern the legal profession.

Codicil

An amendment to a will.

Collate

To arrange in order; verify arrangement of pages before binding or fastening; put together.

Collective mark

Trademark or service mark used by members of a cooperative, an association, or other collective group or organization.

Commit

To send a person to prison, asylum, or reformatory by a court order.

Common law

Also case law. Law established by subject matter heard in earlier cases.

Commutation

The reduction of a sentence, as from death to life imprisonment.

Comparative fault

A rule in admiralty law where each vessel involved in a collision is required to pay a share of the total damages in proportion to its percentage of fault.

Comparative negligence

The rule under which negligence is measured by percentage and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery.

Competency

A witness's ability to observe, recall and recount under other what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.

Complainant

The party who complains or sues; one who applies to the court for legal redress.

Complaint

1. The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take. 2. Formal written charge that a person has committed a criminal offense.

Conciliation

A form of alternative dispute resolution in hich the parties bring their dispute to a neutral third party,who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but is may be less formal.

Concurrent jurisdiction

The jurisdiction of two or more courts, each authorized to deal with the same subject matter.

Concurrent sentences

Sentences for more than one crime that are to be served at the same time, rather than one after the other.

Condemnation

The legal process by which the government takes private land for public use, paying the owners a fair price.

Conditional release

A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked.

Conformed copy

An exact copy of a document on which has been written things that could not or were not copied, i.e., a written signature is replaced on the conformed copy with a notation that it was signed by the parties.

Consecutive sentences

Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations.

Consent

Agreement; voluntary acceptance of the wish of another.

Conservatorship

Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself.

Consideration

The price bargained for and paid for a promise, goods, or real estate.

Conspiracy

A combination of two or more persons formed for the purpose of committing by joint collaboration some unlawful act.

Constitution

The fundamental law of a nation or state which establishes the character and basic principles of the government.

Constitutional law

Law set forth in the Constitution of the United States and the state constitutions.

Consumer bankruptcy

A proceeding under the Bankruptcy Code filed by an individual (or husband and wife) who is not in business.

Contempt of court

Willful disobedience of a judge's command or of an official court order.

Continuance

Postponement of a legal proceeding to a later date.

Contract

An agreement between two or more persons which creates an obligation to do or not to do a particular thing. A legally enforceable agreement between two or more competent parties made either orally or in writing.

Contributory negligence

The rule of law under which an act or omission of plaintiff is a contributing cause of injury and a bar to recovery.

Conveyance

Instrument transferring title of land for one person or group of persons to another.

Corpus delicti

The body (material substance) upon which a crime has been committee, e.g., the corpse of a murdered man or the charred remains of a house burned by an arsonist.

Corroborating evidence

Supplementary evidence that tends to strengthen or confirm the initial evidence.

Costs

An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees.

Counsel

A legal adviser; a term used to refer to lawyers in a case.

Counterclaim

A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.

Court

A body in government to which the administration of justice is delegated.

Court appointed attorney

Attorney appointed by the court to represent a defendant, usually with respect to criminal charges and without the defendant having to pay for the representation.

Court costs

The expenses of prosecuting or defending a lawsuit, other than the attorney fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.

Court of original jurisdiction

A court where a matter is initiated and heard in the first instance; a trial court.

Court of record

A court in which the proceedings are recorded, transcribed, and maintained as permanent records.

Court reporter

A person who transcribes by shorthand or stenographically takes down testimony during court proceedings, a deposition, or other trial related proceeding.

Court rules

Regulations governing practice and procedure in the various courts.

Creditor

A person to whom a debt is owed by another.

Crime

An act in violation of the penal laws of a state or the United States. A positive or negative act in violation of penal law.

Criminal justice system

The network of courts and tribunals which deal with criminal law and its enforcement.

Criminal insanity

Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong.

Criminal summons

An order commanding an accused to appear in court.

Cross claim

A pleading which asserts a claim arising out of the same subject action as the original complaint against a co-party, i.e., one co defendant cross claims against another co defendant for contribution for any damages assessed against him.

Cross examination

The questioning of a witness produced by the other side.

Cumulative sentences

Sentences for two or more crimes to run consecutively, rather than concurrently.

Custody

Detaining of a person by lawful process or authority to assure his or her appearance to any hearing; the jailing or imprisonment of a person convicted of a crime.


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Basic Law Defintion with B letter

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Bail

Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure their appearance in court. "Bail" and "Bond" are often used interchangeably. (Applies mainly to state courts.)

Bail bond

An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as "bond."

Bailiff

An officer of the court responsible for keeping order and maintaining appropriate courtroom decorum and has custody of the jury.

Bankruptcy

Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or "discharged" from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money are called creditors.

Bankruptcy Judge

The judge who determines whether a debtor is entitled to a discharge in bankruptcy.

Bankruptcy law

The area of federal law dealing with the handling of bankrupt persons or businesses.

Bar

1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the term means the who body of lawyers.

Bar examination

A state examination taken by prospective lawyers in order to be admitted and licensed to practice law.

Battery

A beating, or wrongful physical violence. The actual threat to use force is an "assault;" the use of it is a battery, which usually includes an assault.

Bench

The seat occupied by the judge. More broadly, the court itself.

Bench trial

(Also known as court trial.) Trial without a jury in which a judge decides the facts.

Bench warrant

¬ An order issued by a judge for the arrest of a person.

Beneficiary

Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust.

Bequeath

To give a gift to someone through a will.

Bequests

Gifts made in a will.

Best evidence

Primary evidence; the best evidence available. Evidence short of this is "secondary." That is, an original letter is "best evidence," and a photocopy is "secondary evidence."

Beyond a reasonable doubt

The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.

Bill of particulars

A statement of the details of the charge made against the defendant.

Bind over

To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused's appearance at trial. (This is a state court procedure.)

Bond

A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property.

Bound supplement

A supplement to a book or books to update the service bound in permanent form.

Booking

The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest.

Breach

The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract.

Breach of contract

An unjustified failure to perform when performance is due.

Brief

A written argument by counsel arguing a case, which contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the fact situation. Also called a memorandum of law

Burden of proof

In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof). It deals with which side must establish a point or points. (See standard of proof.)

Burglary

The act of illegal entry with the intent to steal.

Business bankruptcy

A proceeding under the Bankruptcy Code filed by a business entity.

Bylaws

Rules or laws adopted by an association or corporation to govern its actions.


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Basic Law Defintion with A letter

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Abatement of action

A suit which has been quashed and ended.

Abstract of record

A short, abbreviated form of the case as found in the record.

Abstract of title

A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.

Acceptance

The taking and receiving of anything in good faith with the intention of retaining it.

Accessory

A person who assists in the commission of a crime, either before or after the fact.

Accomplice

1. A partner in a crime. 2. A person who knowingly and voluntarily participates with another in a criminal activity.

Accord

A satisfaction agreed upon between the parties in a lawsuit which bars subsequent actions on the claim.

Accord and satisfaction

A method of discharging a claim upon agreement by the parties to give and accept something in settlement of the claim.

Accused

The name for the defendant in a criminal case.

Acquittal

The legal certification of the innocence of a person who has been charged with a crime, setting the person free from a charge of guilty by a finding of not guilty.

Action in personam

An action against the person, founded on a personal liability. In contrast to action in rem, an action for the recovery of a specific object, usually an item of personal property such as an automobile.

Action in rem ­ Proceeding

"against the thing" as compared to personal actions (in personam). Usually a proceeding where property is involved.

Accretion

The increase or accumulation of land by natural causes, as out of a lake or river.

Acknowledgment

­A formal declaration before an authorized official by the person who executed an instrument that it is his free act and deed; the certificate of the official on such instrument attesting that it was so acknowledged.

Acquittal

A release, absolution, or discharge of an obligation or liability. In criminal law the finding of not guilty.

Action Case

Cause, suit, or controversy disputed or contested before a court of justice.

Additur

­An increase by a judge in the amount of damages awarded by a jury.

Adjective law

Also, procedural law. That body of law which governs the process of protecting the rights under substantive law.

Adjudication

Giving or pronouncing a judgment or decree. Also the judgment given.

Administrative agencies

Agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation, and labor.

Administrator

1. One who administers the estate of a person who dies without a will. 2. A court official.

Admiralty law

­Also, maritime law. That body of law relating to ships, shipping, marine commerce and navigation, transportation of persons or property by sea, etc.

Admissible evidence

Evidence that can be legally and properly introduced in a civil or criminal trial.

Admission

A statement tending to establish the guilt or liability of the person making the statement.

Admonish­

To advise or caution. For example the court may caution or admonish counsel for wrong practices.

Advance sheets

Paperback pamphlets published by law book publishers weekly or monthly which contain reporter cases, including correct volume number and page number. When there are sufficient cases, they are replaced by a bound volume.

Adversary proceeding

One having opposing parties such as a plaintiff and a defendant. Individual lawsuit(s) brought within a bankruptcy proceeding.

Adversary system

The system of trial practice in the United States and some other countries in which each of the opposing, or adversary, parties has the opportunity to present and establish opposing contentions before the court.

Adverse possession

Method of acquiring real property under certain conditions by possession for a statutory period.

Affiant

The person who makes and subscribes an affidavit.

Affidavit

A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath.

Affirmation

A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases.

Affirmative defense

A defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions; in criminal cases insanity, duress, or self­ defense might be used.

Affirmed

In the practice of appellate courts, the word means that the decision of the trial court is correct.

Aggravated assault

An attempt to cause serious bodily injury to another or purposely, knowingly or recklessly causing such injury, or an attempt to cause or purposely or knowingly cause bodily injury to another with a deadly weapon.

Aggravated battery

The unlawful use of force against another with unusual or serious consequences such as the use of a dangerous weapon.

Agent

One who has authority to act for another.

Agreement

Mutual consent.

Aid and Abet

To actively, knowingly, or intentionally assist another person in the commission or attempted commission of a crime.

Alibi

A defense claim that the accused was somewhere else at the time a crime was committed.

Alien

A foreign­ born person who has not qualified as a citizen of the country.

Allegation

A statement of the issues in a written document (a pleading) which a person is prepared to prove in court.

Alteration

Changing or making different.

Alternative dispute resolution

Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.

American Bar Association

A national association of lawyers whose primary purpose is improvement of lawyers and the administration of justice.

American Law Reports

A publication which reports cases from all United States jurisdictions by subject matter.

Abatement of action

A suit which has been quashed and ended.

Amicus curiae

A friend of the court; a nonparty who interposes, with the permission of the court, and volunteers information upon some matter before the court.

Ancillary

A proceeding which is auxiliary or subordinate to another proceeding. In probate, a proceeding in a state where a decedent owned property but was not domiciled.

Annotations

Remarks, notes, case summaries, or commentaries following statutes which describe interpretations of the statute.

Answer

A formal, written statement by the defendant in a lawsuit which answers each allegation contained in the complaint.

Answers to Interrogatories

A formal written statement by a party to a lawsuit which answers each question or interrogatory propounded by the other party. These answers must be acknowledged before a notary public or other person authorized to take acknowledgments.

Antitrust acts

Federal and state statutes to protect trade and commerce from unlawful restraints, price discriminations, price fixing, and monopolies.

Appeal

A proceeding brought to a higher court to review a lower court decision.

Appeal Bond

A guaranty by the appealing party insuring that court costs will be paid.

Appearance

The act of coming into court as a party to a suit either in person or through an attorney.

Appendix

Supplementary materials added to the end of a document.

Appellant

The party appealing a decision or judgment.

Appellate court ¬

A court having jurisdiction to hear appeals and review a trial court's procedure.

Appellee

The party against whom an appeal is taken.

Arbitration

The hearing of a dispute by an impartial third person or persons (chosen by the parties), whose award the parties agree to accept.

Arbitrator

A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence.

Arraignment

The hearing at which the accused is brought before the court to plead to the criminal charge in the indictment. He may plead "guilty," "not guilty," or where permitted "nolo contendere."

Arrest

To take into custody by legal authority.

Assault

Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

Assignment

The transfer to another person of any property, real or personal.

Assumption of risk

A doctrine under which a person may not recover for an injury received when he has voluntarily exposed himself to a known danger.

At issue

The time in a lawsuit when the complaining party has stated their claim and the other side has responded with a denial and the matter is ready to be tried.

Attachment

Taking a person's property to satisfy a court¬ordered debt.

Attempt

An endeavor or effort to do an act or accomplish a crime, carries beyond preparation, but lacking execution.

Attorney at law

An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts.

Attorney in fact

A private person (who is not necessarily a lawyer) authorized by another to act in his or her place, either for some particular purpose, as to do a specific act, or for the transaction of business in general, not of legal character. This authority is conferred by an instrument in writing, called a "letter of attorney," or more commonly "power of attorney."

Attorney of record

The principal attorney in a lawsuit, who signs all formal documents relating to the suit.



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Wednesday, February 13, 2013

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Political system

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Political system From Institutional to systemic Approach

Institutional approach in the study of politics has been common in the past. Political science was believed to be mainly, even exclusively, concerned with the study of such political institutions as the state and government, their various activities, pans and functions. In this approach, no attempt was made to see any relationship or effect both within and outside an institution. However this approach began to change at the end of the nineteenth and in the beginning of the twentieth century. It was brought about by a new approach to the study of a politics, which is known as system analysis. It was also due to the need for comparing different kinds of states and governments in the world, especially after the World War II.

System Analysis

From about 130 and especially since the behavioral revolution in 1950 the study of politics has been influenced by the concept is derived from biology and physical sciences, in which the focus is on systems. System is bounded regions in space-time, involving energy interchange among their parts, which are associated in functional relationship. In simpler words, it means that every living and non-living body consist of two or more parts, which are constantly acting and interceding with each other as well as with the environment around it, as a single operating whole, or as a system. Examples of such operating wholes or system are countless, for the whole universe is full of them. Some are very small and other immense in dimensions. The atom is a system, and so are molecules, crystals, viruses, clocks, engines, ocean fleets, animals (including humans), small groups, like families or schools, societies (including state or political systems), planets, solar systems, galaxies, etc. If, however, we restrict ourselves to living systems, they are really behavior systems, which extend from viruses and animal to human societies and political system. Moreover, a system consists of two or more subsystems. For instance, human body, which is in itself a system, consist of several subsystem, such as the nervous system, the digestive system, the circulatory system, etc.

Definition of a system

A system is a structural functional organization of two or more separate but interdependent parts, which form an integrated whole o achieve some objectives. Each system has two or more subsystems within it, while it is itself a subsystem of a larger system, which forms its environment. For example, a family is a subsystem of the society, or a political party is a subsystem of the state which is itself a political system.

Every system has the following characteristics


1. Inter-dependence

It means that the functioning of a system depends on the proper functioning of each one of its component parts.

2. Dynamic Equilibrium

A system maintains itself throughout a limited period of time. If anything goes wrong in it, some regulatory mechanism comes into operation to restore equilibrium.

3. Activity

A system is a flow process it exist to convert inputs into output.

4. Dependence on external environment

A system maintains itself by constantly interacting with the environment around it. Such a system is known as an open system.

Definition of political system

A political system means a network of individuals, groups and organizations whose interactions, and relationships help to determine, enforce and interpret the rules and policies governing the behavior of the society. It includes not only the governmental institutions, such as legislature, courts, or administrative agencies but also all structures in their political aspects, as Almond says. Every political system exists with a social system or society, of which it is, a subsystem. The society around the political system is its environment, from which it is separated by its boundaries.
The political system may be described as follow.
  • International political system – Which is the international community – IGO, INGO, etc.
  • National political system – The individual national system and individual states and gov:
  • Decision making sub system – Which is includes form of government constitution, political party, interest group etc
  • Citizen as a voter which demand and support.



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Tuesday, February 12, 2013

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Legislature

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Executive

It is one of the three branches of government as given above. State functions through the executive, the namely the government. It is the duty of the executive or enforces the laws passed by the legislature. .
The executive who exercise real power is the real executive. The executive who has nominal power is the normal executive. The President of India is the nominal executive. The union council of ministers led by the Prime Minister of India is the real executive. Parliamentary executive is chosen from the legislature and is responsible to the legislature. The executive in India is parliamentary in its character. .
.

Powers and functions of executive

  • Enforcing law.
  • Maintaining peace and order.
  • Repelling aggression.
  • Building friendly relations with other states.
  • When necessary to wage war to protect the country.
  • Making appointments to higher posts.
  • Raising money and spending them.
  • Convening the sessions of the legislature and conducting business.
  • Issues ordinances whenever the legislature is to in session.
  • Implement schemes and projects to improve he social and economic conditions of the people.
  • Power to grant pardon, reprieve or remission of punishment.
.

Legislature

The legislature is the law making branch. The legislature has an important role in the amendment of the constitution. The legislature is a deliberative body where matters of social, economic and political concerns are discussed, debated and decided. The British parliament is said to be “the mother of parliaments”. It is the oldest legislature in the world. According to Prof. Laski, law- making is not the only function of the legislature but its real function is to watch the process of administration to safeguard the liberties of private citizens. The legislature of the union is called the parliament in India. It consists of two chambers.
  • The House of the People or the Lok Sabah as the Lower House.
  • The Council of State or the Rajya Sabah as the Upper House
.

The functions of legislature

  • Enact laws
  • Oversee administration
  • Pass the budget
  • Hear public grievances.
  • Discuss subjects like
    1. Development plans
    2. National policies
    3. International relations.

Judiciary

Judiciary is the third important organ of the government machinery. Its main function is to interrupter laws and administers justice. Lord Bryce has said that there is to better test of excellence of government than the efficiency of its judicial system. The welfare of citizens depends to a larger extent upon the judiciary. Judiciary is one of the pillars of democracy. Its interpretation ensures justice, equality and liberty to all its citizens. An independent and impartial judiciary is an essential feature of a democratic setup.
The Supreme Court of India consists of a Chief Justice and other judges. The Supreme Court has its permanent seat in Delhi. According to Justice Hughes, “we are under a constitution, but the constitution is what the judges say it is”. .
.
.

Functions of judiciary

  • Administration of justice.
  • To determine what is law and what is the cope and meaning of it.
  • To give advisory opinion on matters referred to it.
  • To issue orders or writs for the purpose of preventing violation of rights and laws.
  • to acts as guardian of the constitution.



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Election

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Election is the formal process of selecting a person for public office or of accepting or rejecting a political proposition by voting. It is important to distinguish between the form and the substance of elections. In some cases, electoral forms are present but the substance of an election is missing, as when voters do not have a free and genuine choice between at least two alternatives. Most countries hold elections in at least the formal sense, but in many of them the elections are not competitive (e.g., all but one party may be forbidden to contest) or the electoral situation is in other respects highly compromised.

Methods of election

An election is the occasion or the means by which the qualified voters make a choice among two or more candidates for the seat in legislature or some public office. It is of two kinds, direct and indirect.

Direct election

Direct election is a term describing a system of choosing political officeholders in which the voters directly cast ballots for the person, persons or political party that they desire to see elected. The method by which the winner or winners of a direct election are chosen depends upon the electoral system used. The most commonly used systems are the plurality system and the two round systems for single winner elections, such as a presidential election, and party-list proportional representation for the election of a legislature. Examples of directly elected bodies are the European Parliament and the United States Senate (since 1917).

Indirect election

Indirect election is a process in which voters in an election do not actually choose between candidates for an office but rather elect persons who will then make the choice. It is one of the oldest forms of elections and is still used today for many upper houses and presidents. This process is also used in many union elections and sometimes in professional, civic, and fraternal organizations.


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Sovereignty

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Sovereignty is an essential element of the state. State cannot exit without sovereignty. State is regarded superior to other associations only because of sovereignty. In fact modern theory of state got its proper shape and perfection only when the concept of sovereignty was introduced in it.
When we try to search for the origin of this concept we find that he term sovereignty is the product of modern political thinking but the idea goes back to the time of Aristotle who referred to it as the “supreme power” of the state. In Middle Ages Roman jurist and civilians were also familiar to this idea. But it was Jean Bodin who developed for the first time the theory of sovereignty systematically in his book “Six Books on the Republic”.

Meaning, nature and definitions of Sovereignty

The term sovereignty is derived from the Latin word ‘Superanus’ meaning supreme. It is basically a legal concept. It denotes supremacy of state. To understand the term sovereignty, it is desirable to look into some definitions of the given by some political thinkers.

Jean Bodin defined sovereignty as

Jean Bodin defined sovereignty as “absolute and perpetual power of commanding in a state. It is supreme power over citizens and subjects unrestrained by law”. Pollock says that “Sovereignty is that power which is neither temporary nor delegated nor subject to particular rules, which it cannot alter, nor answerable to any other power on the earth.”

Burgers described sovereignty as

Burgers described sovereignty as “original absolute unlimited power over the undivided subjects and over all associations of subjects. It is the underused and independent power to command and compel obedience.”

D.F Russell defines sovereignty as

D.F Russell defines sovereignty as “the strongest power and supreme authority within a state, which is unlimited by law or anything else.

Legal and political sovereignty

Distinction is sometimes drawn between legal and political sovereignty. The sovereign is supposed to be absolute and omnipotent. It functions according to its own will. Law is simply the will of sovereign.
There is none to question its validity. Legal sovereign grants rights to its citizens and there can be no rights against him. It means rights of citizens depend on the will of legal sovereign and any time he can take away. Legal sovereign has following characteristics
  • The legal sovereignty is always definite and determinate.
  • Legal sovereignty may reside either in one person or in a body of persons. .
  • It is definitely organized, precise and known to law. .
  • Rights of citizen are gift of legal sovereign. .
  • The will of state is expressed by the legal sovereign only. .
  • Legal sovereignty is absolute. It cannot be question. .
In Britain King in Parliament is the sovereign. In U.S the legal sovereign consists of the constitutional authorities that have the power to amend constitution. But behind the legal sovereignty there is another power, which is unknown to law. It is political sovereignty. In practice absolute and unlimited authority of the legal sovereignty does not exist anywhere. Even a dictator cannot act independently and exclusively. The will of legal sovereignty is actually sharpened by many influences, which are unknown to law. All these influences are the real power behind the legal sovereign; and this is called political sovereignty.


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Democracy

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In the dictionary definition, democracy is government by the people in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system.
In the words of Abraham Lincoln, democracy is a government “of the people, by the people, and for the people.
Following are the varied definition of democracy.
“Democracy comes from the Greek words demos meaning ‘People’ and kratos meaning ‘authority’ or ‘power. Government which is conducted with the freely given consent of people a system of government in which supreme authority lies with the people.” Rule by the people in a country directly or by representation.
“The form of government in which political control exercised by all the people, either directly or through their elected representative.”
The word ‘democracy’ itself means ‘rule by the people. “A democracy is a system where people can change their rulers in a peaceful manner and the government is given the right to rule because the people say it may.

Direct democracy

In a direct democracy, all citizens, without the intermediary of elected or appointed officials, can participate in making public decisions. Such a system is clearly only practical with relatively small numbers of people in a community organization to tribal council, for example, or the local unit of a labor union, where members can meet in a single room to discuss issues and arrive at decisions by consensus or majority vote.

Indirect democracy

Everyone has the right to take part in the government of his country, directly or though freely chosen representatives.The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine election that shall be held by universal and equal suffrage and shall be held by secret vote or the equivalent free voting procedures.
During elections, citizens vote for the candidate for their choice. Elected leader represent “the people” and govern for a set period of office. Representatives are chosen through elections based on the constituency or proportional representation system, or on a combination of the two.

Constitutional democracies

Democracies are based on a written constitution or a supreme law that serves to guide legislators and the laws they make. Written constitutions serve as a guarantee to citizens that the government is required to act in a certain way and uphold certain rights. The strength of a real democracy depends on certain fundamental rights and freedoms. These rights and freedoms must be protected to make sure that a democracy will succeed. In many countries these rights are found in and protected by a constitution. The constitution also sets out the structures and other laws.

Merits of democracy

  • The participation of the individual members in the government facilitates to enlist their sympathy and co–operation to the success of the government.
  • It is an effective form to educate the public about political, economic and social affairs.
  • It is helpful to promote patriotism among the people and prevents occurrence of violent revolutions.
  • It helps to make progress and development and enables changes to take place in a peaceful manner.
  • It ensures to the people freedom of speech, conscience, assembly and action.
  • It guarantees liberty and equality, which are necessary for human development.

Demerits of democracy

  • It sometimes leads to establish the majority view over the minority view.
  • Party leaders and political office holders in government control the citizens and the members of the party.
  • It does not encourage individuals to give their opinions.
  • It is a very expensive form of government because elections have to be conducted periodically to various offices.
  • It is difficult to prevent corruption and malpractices.
  • It is also known as government by amateurs and lead to domination of masses.



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Origin of state

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These are the theories on the origin of state as have been formed and developed as a result of the political thought and philosophy in the ancient time until the enlightenment period in Europe.

1. Natural Theory.

The social urge of the human being to be within a group of people in the community as in sociology describes that “man is a social being.” The social group provides the political development to stay and work together with common standard law in the community later on transform as a state.

2. Patriarchal Theory.

The origin of the state evolves from the enlargement of family under the authority of the parents or the elders. Later on, it will develop into a tribe, kingdom then state.

3. Force Theory.

The creation of the state through the constant war and invasion of the great warriors in the ancient time dominated the weak that later on formed a state.

4. Divine Right Theory.

The rulers of the past advocated the political dominance of authority and power through their own ordained mandate that they represented the state as on the basis of the divine right ( as God created the state).It was in this nature that the divine rights of kings has the absolute power and influence over the subjects.

5. Social Contract Theory.

This is the right of the people to have the deliberate and voluntary contract on the right to overthrow the kings and rulers against corrupt governance to organize a new government with common interest for all the people.

The forms of government

The forms of government discusses the sovereign powers along the political rulers as to the number of persons in power; the distribution of political powers of the government; and the relationships of the branches of government.

According to the Number of Persons Exercising Sovereign Powers

Usually, the sovereign powers are exercised by the rulers who are being called King, Emperor, President or Prime Minister to lead in the administration of the government. The common classifications under the number of persons are monarchy, aristocracy, and democracy.

Monarchy

There is only one ruler who exercises the supreme authority with the basis on the divine rights and constitution to handle governmental affairs. The ruler of the monarchial form is called “king” or “emperor” which has been on the basis of royal blood or dynastic rule of governance. There are two classifications of monarchy as evolved in the history of Europe:

Absolute Monarchy

The Egyptian, Mesopotamian, Chinese, Persian and European civilization followed this system of governance under the rules of divine rights. The emperors and kings were believed to be the representative of god as the source of political authority and powers to administer the affairs of the government.

Limited Monarchy

This was the transformation of the absolute monarchy in Europe that “kings” and “emperors’ were no longer presented by the doctrine of the divine rights but must rule in accordance of the constitution. Therefore, the political power is usually limited in accordance with the established constitution. It is nominal and symbolic as to the governmental functions in the executive and legislative branch of government.

Aristocracy

The government that hold by the few privileged class. The social stratification of the society only those with wealth has the political power to hold the governmental affairs of the state .They are considered as the powerful class with enough money to hold political position and influence to the people. This form of government has been called the “oligarch” and “aristocrat” who controlled the economic power as they controlled the wealth of the nation.

Unitary state

A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions (sub national units) exercise only powers that their central government chooses to delegate. Many states in the world have a unitary system of government.
Unitary states are contrasted with federal states (federations):
In a unitary state, sub national units are created and abolished and their powers may be broadened and narrowed, by the central government. Although political power in unitary states may be delegated through devolution to local government by statute, the central government remains supreme; it may abrogate the acts of devolved governments or curtail their powers.

Federal state (federalism)

A federal is one in which the supreme powers in the state are disturbed by the constitution between a central government and the governments of the federating units, making each government supreme within its own sphere of powers. As distinguished from a unitary government, a federation is a dual government, with two sets of governments, each of which exercises supreme and original authority within its sphere of powers as defined by the constitution. According to Hamilton, a federation is an association of States forming a new one. “ In the opinion of Dicey, it is “ a political contrivance intended to reconcile national unity with the maintenance of state rights.”


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