Thursday, May 9, 2019
Dear subscribers,
It was pointed out by one of our subscribers that yesterday’s LTOTD usage example contained a grammatical error.
It originally read:
E.g. “Yo bro, If you ever find yourself in jail and it is taking to long you can try using the writ of habeas corpus to get brought before the judge.”
Please accepted this corrected version:
E.g. “Yo bro, If you ever find yourself in jail and it is taking too long you can try using the writ of habeas corpus to get brought before the judge.”
The individual responsible for this mistake has been fired, and then subsequently re-hired when a suitable replacement could not be found. The newly re-hired individual ensures us these mistakes will not happen in the future.
Sincerely, the LTOTD team
interpretative rule. Administrative Law. 1. The requirement that an administrative agency explain the statutes under which it operates. 2. An administrative rule explaining an agency’s interpretation of a statute. – Also termed interpretive rule. Cf. LEGISLATIVE RULE. [Cases: Administrative Law and Procedure 🔑︎382.1.]
"Black's Law Dictionary, 8th edition" by Bryan A. Garner
E.g. “Yo bro, your administrative agency better explain the statutes under which they operate, otherwise they’re violating the interpretive rule!”
Thank you for subscribing to Legal Term of the Day!
-the LTOTD team
Disclaimer: Subscribing to Legal Term of the Day (“LTOTD”) is completely optional and NOT a condition of continued employment. If you wish to unsubscribe, please use the voting button above. Note: It may take up to 10 days to process your request to opt out of future LTOTD communications, consequently, some communications such as emails, tweets, or facsimiles may continue to be directed to you in the interim period; if you continue to receive LTOTD communications 10 or more days after your request, please reach out to us for assistance. The materials contianed within this email and any related links are provided for informational purposes only. They are not intended as and do not constitute legal advice and should not be acted on as such. The materials and links are also not the legal opinions LTOTD or any of its subscribers, nor are the materials represented as being all-inclusive, correct, complete, or up-to-date. No one should rely on any information contained within this email communication or any related links.
Wednesday, May 8, 2019
Dear subscribers,
Due to technological issues, yesterday’s LTOTD was sent out late. In addition, we received several emails from our subscribers indicating that yesterday’s LTOTD was not comprehensively defined and requests for additional information. This ultimately resulted in the sharing of unofficial definitions between our subscribers. We deeply apologize for these issues and promise to take steps to correct them. As a gesture of gratitude to our loyal subscribers, today’s LTOTD will include an extended definition as well as multiple forms and usages that we believe will also add clarification to yesterday’s LTOTD.
Sincerely, the LTOTD team
habeas corpus (
hay-bee-əs
kor-pəs). [Law Latin “that you have the body”] A writ employed to bring a person before a court, most frequently to ensure that the party's imprisonment or detention is not illegal (
habeas corpus ad subjiciendum). ● In addition to being used to test the legality of an arrest or commitment, the writ may be used to obtain review of (1) the regularity of the extradition process, (2) the right to or amount of bail, or (3) the jurisdiction of a court that has imposed a criminal sentence. – Abbr. H.C. – Sometimes shortened to
habeas. – Also termed
writ of habeas corpus;
Great Writ. [Cases: Habeas Corpus 🔑︎201.]
“The writ of habeas corpus, by which the legal authority under which a person may be detained can be challenged, is of immemorial antiquity. After a checkered career in which it was involved in the struggles between he common-law courts and the Courts of Chancery and the Star Chamber, as well as in the conflicts between Parliament and the crown, the protection of the writ was firmly written into English law by the Habeas Corpus Act of 1679. Today it is said to be ‘perhaps the most important writ known to the constitutional law of England ....’” Charles Alan Wright, The Law of Federal Courts § 53, at 350 (5th ed. 1994) (quoting Secretary of State for Home Affairs v. O’Brien, [1923] A.C. 603, 609).
habeas corpus ad deliberandum et recipiendum (hay-bee-əs kor-pəs ad di-lib-ə-ran-dəm et ri-sip-ee-en-dəm). [Law Latin “that you have the body to consider and receive“] Hist. A writ used to remove a person for trial from one county to the county where the person allegedly committed the offense. Cf. EXTRADITION.
habeas corpus ad faciendum et recipiendum (hay-bee-əs kor-pəs ad fay-shee-en-dəm et ri-sip-ee-en-dəm). [Law, Latin “that you have the body to do and receive”] Hist. A writ used in civil cases to remove the case, and also the body of the defendant, from an inferior court to a superior court. – Also termed habeas corpus cum causa. See CERTIORARI.
habeas corpus ad prosequendum (hay-bee-əs kor-pəs ad prahs-ə-kwen-dəm). [Law Latin “that you have the body to prosecute”] Hist. A writ used in criminal cases to bring before a court a prisoner to be tried on charges other than those for which the prisoner is currently being confined.
habeas corpus ad respondendum (hay-bee-əs kor-pəs ad ree-spon-den-dəm). [Law Latin “that you have the body to respond”] Hist. A writ used in civil cases to remove a person from one court’s custody into that of another court, in which the person may then be sued.
habeas corpus ad satisfaciendum (hay-bee-əs kor-pəs ad sat-is-fay-shee-en-dəm). [Law Latin "that you have the body to make amends”]. In England, a writ used to bring a prisoner against whom a judgment has been entered to some superior court so that the plaintiff can proceed to execute that judgment.
habeas corpus ad subjiciendum (hay-bee-əs kor-pəs ad səb-jis-ee-en-dəm). [Law Latin “that you have the body to submit to”] A writ directed to someone detaining another person and commanding that the detainee be brought to court. – Usu. Shortened to habeas corpus. [Cases: Habeas Corpus 🔑︎201.]
habeas corpus ad testificandum (hay-bee-əs kor-pəs ad tes-ti-fi-kan-dəm). [Law Latin “that you have the body to testify”] Hist. A writ used in civil and criminal cases to bring a prisoner to court to testify. [Cases: Witnesses 🔑︎18. C.J.S. Witnesses §§ 65-66.]
habeas corpus cum causa. See habeas corpus ad faciendum et recipiendum.
"Black's Law Dictionary, 8th edition" by Bryan A. Garner
E.g. “Yo bro, If you ever find yourself in jail and it is taking to long you can try using the writ of habeas corpus to get brought before the judge.”
Thank you for subscribing to Legal Term of the Day!
-the LTOTD team
Disclaimer: Subscribing to Legal Term of the Day (“LTOTD”) is completely optional and NOT a condition of continued employment. If you wish to unsubscribe, please use the voting button above. Note: It may take up to 10 days to process your request to opt out of future LTOTD communications, consequently, some communications such as emails, tweets, or facsimiles may continue to be directed to you in the interim period; if you continue to receive LTOTD communications 10 or more days after your request, please reach out to us for assistance.
Tuesday, May 7, 2019
Great Writ. See HABEAS CORPUS.
"Black's Law Dictionary, 8th edition" by Bryan A. Garner
E.g. “Yo bro, if you don’t know what the Great Writ is, then you gotta See HABEAS CORPUS!”
Thank you for subscribing to Legal Term of the Day!
-the LTOTD team
Disclaimer: Subscribing to Legal Term of the Day (“LTOTD”) is completely optional and NOT a condition of continued employment.
If you wish to unsubscribe, please use the voting button above. Note: It may take up to 10 days to process your request to opt out of future LTOTD communications, consequently, some communications such as emails, tweets, or facsimiles may continue to be directed to you in the interim period; if you continue to receive LTOTD communications 10 or more days after your request, please reach out to us for assistance.
Monday, May 6, 2019
Federal Tort Claims Act. A statute that limits federal sovereign immunity and allows recovery in federal court for tort damages caused by federal employees, but only if the law of the state where the injury occurred would hold a private person liable for the injury. 28 USCA §§ 2671–2680. – Abbr. FTCA. See
sovereign immunity under
IMMUNITY (1). [Cases: United States 🔑︎78. C.J.S. United States §§ 149–151, 179.]
“Although it has been suggested that the maxim, ‘the King can do no wrong’never had an existence in the United States, it has also been declared that in enacting the Federal Tort Claims Act, Congress recognized the manifold injustice that springs from the delimiting effect of the rule represented by that maxim. And it is said that in passing the Act, Congress intended to compensate the victims of negligence in the conduct of governmental activities in circumstances in which a private person would be liable, rather than leave just treatment to the caprice and legislative burden of individual private laws, and to eliminate the burden on Congress of investigating and passing on private bills seeking individual relief.” 35 Am. Jur. 2s Federal Tort Claims Act § 1, at 296 (1967).
"Black's Law Dictionary, 8th edition" by Bryan A. Garner
E.g. “Yo bro, go read up on the Federal Tort Claims Act, just cuz you work for the Fed don’t mean you can get away with that, we got laws in this state!”
Thank you for subscribing, if you wish to unsubscribe, please use the voting button above.
-the LTOTD team
n/a
Friday, May 3, 2019
extra commercium (eks-trə kə-mər-shee-əm). [Latin] Outside commerce. ● This phrase was used in Roman and civil law to describe property dedicated to public use and not subject to private ownership.
"Black's Law Dictionary, 8th edition" by Bryan A. Garner
E.g. “Yo bro, you can’t build your cottage on that federal nature preserve, it’s totally extra commercium”
Thank you for subscribing, if you wish to unsubscribe, please use the voting button above.
-the LTOTD team
n/a
