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Dictionary of Law |
martial law :: legal definitionMartial law - n. a system of complete control by a country's military over all activities, including civilian, in a theoretical or actual war zone, or during a period of emergency caused by a disaster such as an earthquake or flood, with the military commander having dictatorial powers. In the United States martial law must be ordered by the President as commander-in-chief and must be limited to the duration of the warfare or emergency. It cannot result in a long-term denial of constitutional rights, such as habeas corpus, the right to a trial, and to free press. Martial law was ordered in contested areas during the Civil War (but the Supreme Court ruled President Abraham Lincoln's suspension of the writ of habeas corpus was unconstitutional), and during the San Francisco earthquake and fire in 1906 when the city was in ruins, tens of thousands were homeless, and looting and disease posed great dangers to the public. Misuse of martial law, such as destruction of the veterans' encampment in Washington, D.C. under President Herbert Hoover, has proved unpopular in the United States. In many foreign countries martial law has become a method to establish and maintain dictatorships either by military leaders or politicians backed by the military. Martial law is not to be confused with "military law," which governs the conduct of the military services and applies only to service men and women. See also: military law and Related Law Terms ↓ Related Law Termsarrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrantBill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution corporation :: n. an organization formed with state governmental ... ation public corporation securities corpus juris :: n. the body of the law, meaning a compendium of al ... lanations of the law of that state. court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights dower :: n. an old English common law right of a widow to o ... t and distribution widow's election draft :: 1) n. a bill of exchange or check in which one par ... s. See also: bill of exchange check due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis." presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. process :: n. in law, the legal means by which a person is re ... service of process subpena summons real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence service :: n. 1) paid work by another person, either by contr ... ersonal services service of process service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service service of process :: n. the delivery of copies of legal documents such ... by publication substituted service substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure summons :: n. a document issued by the court at the time a la ... use service service of process writ supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - MM. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandimagistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder |