Inalienable: Also a variant of Unalienable Dictionary Definition, inalienable: in·al·ien·a·ble [in-eyl-yuh-nuh-buhl, -ey-lee-uh-] adjective not alienable; not transferable to another or capable of being repudiated: inalienable rights
Legal Dictionary Definition, That which is inalienable cannot be bought, sold, or transferred from one individual to another. The personal rights to life and liberty guaranteedby the Constitution of the United States are inalienable. Similarly, various types of property are inalienable, such as rivers, streams, and highways.
Dictionary Definition sov·er·eign [sov-rin, sov-er-in, suhv-] noun 1. a monarch; a king, queen, or other supreme ruler. 2. a person who has supreme power or authority. 3. a group or body of persons or a state having sovereign authority. 4. a gold coin of the United Kingdom, equal to one pound sterling: went out of circulation after 1914. adjective 5. belonging to or characteristic of a sovereign or sovereign authority; royal. 6. having supreme rank, power, or authority. 7. supreme; preeminent; indisputable: a sovereign right. 8. greatest in degree; utmost or extreme. 9. being above all others in character, importance, excellence, etc.
Legal Dictionary Definition A chief ruler with supreme power; a king or other ruler with limited power. In English law. A gold coin of Great Britain, of tho value of a pound sterling.
Principles considered to come from nature and to bind human society in the absence of or in addition to human-made (positive) law.For example, the Declaration of Independence's statement that "all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness..." is an assertion of natural law.
SOVEREIGN AUTHORITY A body such as a parliament whose actions have a legal force and who has the ultimate power to modify, lay down and rescind any laws of the land. ______________________________________________________________________________________________________________
Democracy
de·moc·ra·cy [dih-mok-ruh-see] noun, plural de·moc·ra·cies. 1.government by the people; a form of government 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. 2.a state having such a form of government: The United States and Canada are democracies. 3.a state of society characterized by formal equality of rights and privileges. 4.political or social equality; democratic spirit. 5.the common people of a community as distinguished from any privileged class; the common peoplewith respect to their political power
free·dom [free-duhm] noun 1. the state of being free or at liberty rather than in confinement or under physical restraint: He won his freedom after a retrial. 2. exemption from external control, interference, regulation, etc. 3. the power to determine action without restraint. 4. political or national independence. 5. personal liberty, as opposed to bondage or slavery: a slave who bought his freedom.
in·vi·o·la·ble [in-vahy-uh-luh-buhl] adjective 1.prohibiting violation; secure from destruction, violence, infringement, or desecration: an inviolablesanctuary; an inviolable promise. 2.incapable of being violated; incorruptible; unassailable: inviolable secrecy.
Origin: 1400–50; late Middle English < Latin inviolābilis. See in-3 , violable
Related formsin·vi·o·la·bil·i·ty, in·vi·o·la·ble·ness, noun in·vi·o·la·bly, adverb
— adj that must not or cannot be transgressed, dishonoured, or broken; to be kept sacred: an inviolable oathinviola'bility — nin'violableness — nin'violably — adv
Mag·na Car·ta [mag-nuh kahr-tuh] noun 1.the “great charter” of English liberties, forced from King John by the English barons and sealed atRunnymede, June 15, 1215. 2.any fundamental constitution or law guaranteeing rights and liberties. Also, Magna Charta.
Origin: 1425–75; late Middle English < Medieval Latin
English history the charter granted by King John at Runnymede in 1215, recognizing the rights andprivileges of the barons, church, and freemen
ad·ver·sar·y [ad-ver-ser-ee] noun, plural ad·ver·sar·ies. 1.a person, group, or force that opposes or attacks; opponent; enemy; foe. 2.a person, group, etc., that is an opponent in a contest; contestant. 3.the Adversary, the devil; Satan.
adjective Also, especially British, ad·ver·sar·i·al [ad-ver-sair-ee-uhl] . 4.of or pertaining to an adversary. 5.involving adversaries, as plaintiff and defendant in a legal proceeding: an adversary trial.
The FMCSA would be an adversary to truck drivers, because they choose to rule by force, creating a stressful work environment. Which has had an adversarial affect.
Other adversaries would be : Road Safe America (RSA) Parents against tired truckers (PATT) Citizens for Reliable And Safe Highways (CRASH) Truck Safety Coalition - This one unites CRASH and PATT
ty·rant [tahy-ruhnt] noun 1.a sovereign or other ruler who uses power oppressively or unjustly. 2.any person in a position of authority who exercises power oppressively or despotically. 3.a tyrannical or compulsory influence. 4.an absolute ruler, especially one in ancient Greece or Sicily. Origin: 1250–1300; Middle English tirant < Old French < Latin tyrannus < Greek týrannos
1( sometimes initial capital letter ) a governmental system led by a dictator having complete power,forcibly suppressing opposition and criticism, regimenting all industry, commerce, etc., and emphasizing an aggressive nationalism and often racism. 2.( sometimes initial capital letter ) the philosophy, principles, or methods of fascism. 3( initial capital letter ) a political movement that employs the principles and methods of fascism,especially the one established by Mussolini in Italy 1922–43.
Origin: 1915–20; < Italian fascismo, equivalent to fasc ( io ) bundle, political group (see fasces) + -ismo -ism
An entity established by law and given at least some legal rights and duties of a human being. Corporations are the most common types of artificial persons.
See legal person; cf. natural person.
Legal person refers to a non-human entity that is treated as a person for limited legal purposes--corporations, for example. Legal persons can sue and be sued, own property, and enter into contracts. In most countries, legal persons cannot vote, marry, or hold public office. Most countries also exclude legal persons from holding natural or constitutional rights, such as the freedom of speech.
From Nolo's Plain-English Law Dictionary Conduct based upon what appears to be a legal right or enforcement of statute, but in reality is a violation of law, such as issuing phony traffic tickets in order to raise revenue or extort payoffs.
From http://legal-dictionary.thefreedictionary.com/Color+of+Law
The appearance of a legal right.
The act of a state officer, regardless of whether or not the act is within the limits of his or her authority, is considered an act under color of law if the officer purports to be conducting himself or herself in the course of official duties.
Under the civil rights act of 1871 (42 U.S.C.A. Section 1983), color of law is synonymous with State Action, which is conduct by an officer that bears a sufficiently close nexus to a state so that the action is treated as though it is by the state.
color of law n. the appearance of an act being performed based upon legal right or enforcement of statute, when in reality no such right exists. An outstanding example is found in the civil rights acts which penalize law enforcement officers for violating civil rights by making arrests "under color of law" of peaceful protestors or to disrupt voter registration. It could apply to phony traffic arrests in order to raise revenue from fines or extort payoffs to forget the ticket.
coup d'é·tat [koo dey-tah; French koo dey-ta] noun, plural coups d'é·tat [koo dey-tahz; French koo dey-ta] a sudden and decisive action in politics, especially one resulting in a change of government illegally or by force. Origin: 1640–50; < French: literally, stroke concerning the state
World English Dictionary coup d'état (ˈkuː deɪˈtɑː, French ku deta) -- n , pl coups d'état a sudden violent or illegal seizure of government [French, literally: stroke of state]
direct tax noun Government .a tax exacted directly from the persons who will bear the burden of it (without reimbursement to them at the expense of others), as a poll tax, a general property tax, or an income tax.
Indirect Tax indirect tax noun A tax levied indirectly, as one levied on commodities before they reach the consumer but ultimately paid bythe consumer as part of the market price. Origin: 1795–1805
______________________________________________________________________________________________________________ Nullify nul·li·fy [nuhl-uh-fahy] verb (used with object), nul·li·fied, nul·li·fy·ing.
1. to render or declare legally void or inoperative: to nullify a contract. 2. to deprive (something) of value or effectiveness; make futile or of no consequence.
Origin: 1585–95; < Late Latin nūllificāre to despise.
noun 1.in fact; in reality: Although his title was prime minister, he was de facto president of the country. Although the school was said to be open to all qualified students, it still practiced de facto segregation. 2.actually existing, especially when without lawful authority (distinguished from de jure ). 3.Australian. a person who lives in an intimate relationship with but is not married to a person of theopposite sex; lover.
Origin: 1595–1605; < Latin dē factō literally, from the fact c.1600, from L. de facto, lit. "in fact, in reality," thus, "existing, but not necessarily legally ordained."
verb (used with object) 1.to alter, modify, rephrase, or add to or subtract from (a motion, bill, constitution, etc.) by formal procedure: Congress may amend the proposed tax bill.
2.to change for the better; improve: to amend one's ways. Synonyms: ameliorate, better. Antonyms:worsen.
3.to remove or correct faults in; rectify. verb (used without object)4.to grow or become better by reforming oneself: He amends day by day. Synonyms: improve,ameliorate. Antonyms: worsen.
Origin: 1175–1225; Middle English amenden < Old French amender < Latin ēmendāre to correct, equivalent toē- e-1 + mend ( a ) blemish + -āre infinitive suffix
noun 1.the rule of a despot; the exercise of absolute authority. 2.absolute power or control; tyranny. 3.an absolute or autocratic government. 4.a country ruled by a despot.
Origin: 1720–30; < French despotisme. See despot, -ism
In Roman law, A diminishing or abridgment of personality. Tills was a loss or curtailment of a man’s status or aggregate of legal attributes and qualifications, following upon certain changes in his civil condition. It was of three kinds, enumerated as follows: Capitis diminutio maxima. The highest or most comprehensive loss of status. This occurred when a man’s condition was changed from one of freedom to one of bondage, when he became a slave. It swept away with it all rights of citizenship and all family rights. Capitis diminutio media. A lesser or medium loss of status. This occurred where a man lost his rights of citizenship, but without losing his liberty. It carried away also the family rights. Capitis diminutio minima. Tile lowest or least comprehensive degree of loss of status. This occurred where a man’s family relations alone were changed. It happened upon the arrogation of a person who had been his own master, (sui juris,) or upon the emancipation of one who had been under the patria potestas. It left the rights of liberty and citizenship unaltered. See Inst. 1, 1G, pr.; 1, 2, 3; Dig. 4, 5, 11; Mackeld. Rom. Law.
Law Dictionary: What is CAPITIS DIMINUTIO? definition of CAPITIS DIMINUTIO (Black's Law Dictionary)
From the Administrative Procedure Act enacted June 11, 1946
n. the procedures created by administrative agencies (governmental bodies of the city, county, state or federal government) involving rules, regulations, applications, Federal agency procedures are governed by the Administrative Procedure Act, and many states have adopted similar procedural formats either by law or regulation. It is important to consider two vital factors in dealing with administrative agencies
1) the rules and regulations are often special for each agency and are not usually found in the statutes but in those regulations;
2) a member of the public must "exhaust his/her administrative remedies" (take every step, including appeals) with the agency and its system before he/she can challenge the administrative ruling with a lawsuit in court. There are exceptions (such as emergency or obvious futility) to exhausting one's remedies, but those are rare. Administrative law can be a technical jungle, and many lawyers make lots of money from knowing how to hack their way through it on behalf of their clients.
verb (used without objective) 1. to differ in sentiment or opinion, especially from the majority; withhold assent; disagree (often followed by from ): Two of the justices dissented from the majority decision. 2. to disagree with the methods, goals, etc., of a political party or government; take an opposing view. 3. to disagree with or reject the doctrines or authority of an established church. noun 4. difference of sentiment or opinion. 5. dissenting opinion. 6. disagreement with the philosophy, methods, goals, etc., of a political party or government. 7. separation from an established church, especially the Church of England; nonconformity.
Chattel noun 1) a movable article of personal property 2) any article of tangible property other than Land, buildings, and other things annexed To lands. 3) a slave
con·tempt [kuhn-tempt] noun 1.the feeling with which a person regards anything considered mean, vile, or worthless; disdain; scorn. 2.the state of being despised; dishonor; disgrace. 3. Law A. willful disobedience to or open disrespect for the rules or orders of a court (contempt of court) or legislative body. B. an act showing such disrespect.
noun 1. a misapplied or inappropriate name or designation. 2.an error in naming a person or thing.
Origin: 1425–75; late Middle English < Anglo-French, noun use of Middle French mesnomer ‘to misname’,equivalent to mes- mis-1 + nomer < Latin nōmināre; see nominate
Can be confused: misnomer, mistake (see confusables note at the current entry).
Confusables note Misnomer is not a fancy, more elevated word for mistake. Nor is it a synonym for misstatement,misconception, or misunderstanding. As the word's Latin etymon nōmināre (‘to name’) tells us, a misnomeris a special kind of mistake: a wrong name. The consequences of a mistake can range from trivial tocatastrophic—from typos to train wrecks. But a misnomer is often just embarrassing, like trying to impressa friend by referrring to a Burgundy wine as a “Bordeaux.” Sometimes, however, what began as a misnomerhas become a standard term: the game of Chinese checkers does not come from China; the funny bone is anerve, not a bone; hay fever is not caused by hay and is not a fever; and a pregnant woman's morningsickness can occur at any time of day. Other kinds of mistakes or misunderstandings—giving a driver wrongdirections, thinking that the earth is flat, drawing an erroneous conclusion—are not misnomers. In fact, the word misnomer when used to describe a behavioral mistake or a misperception of reality is itself a misnomer!
ha·be·as cor·pus [hey-bee-uhs kawr-puhs] noun Law.a writ requiring a person to be brought before a judge or court, especially for investigation of a restraint ofthe person's liberty, used as a protection against illegal imprisonment.
Origin: < Latin: literally, have the body (first words of writ), equivalent to habeās 2nd singular presentsubjunctive (with imperative force) of habēre to have + corpus body
demurrage (dih-mur-ij) noun 1. (Nautical Terms) the delaying of a ship, railway wagon, etc, caused by the charterer's failure to load, unload, etc, before the time of scheduled departure 2. (Railways) the delaying of a ship, railway wagon, etc, caused by the charterer's failure to load, unload, etc, before the time of scheduled departure 3. (Commerce) the extra charge required as compensation for such delay 4. (Banking & Finance) a fee charged by the Bank of England for changing bullion into notes
From The American Heritage® Dictionary of the English Language NOUN 1. A body that is granted a charter recognizing it as a separate legal entity having its own rights, privileges, and liabilities distinct from those of its members. 2. Such a body created for purposes of government. Also called body corporate. 3. A group of people combined into or acting as one body. 4. Informal A protruding abdominal region; a potbelly.
From Collins English Dictionary – Complete and Unabridged 1. (Law) a group of people authorized by law to act as a legal personality and having its own powers, duties, and liabilities 2. (Government, Politics & Diplomacy) Also called: municipal corporation the municipal authorities of a city or town 3. a group of people acting as one body 4. (Government, Politics & Diplomacy) See public corporation 5. (Anatomy) a large paunch or belly
ter·ror·ism [ter-uh-riz-uhm] noun 1.the use of violence and threats to intimidate or coerce, especially for political purposes. 2.the state of fear and submission produced by terrorism or terrorization. 3.a terroristic method of governing or of resisting a government.
qua·si [kwey-zahy, -sahy, kwah-see, -zee] adjective resembling; seeming; virtual: a quasi member.
quasi- a combining form meaning “resembling,” “having some, but not all of the features of,” used in the formation of compound words: quasi-definition; quasi-monopoly; quasi-official; quasi-scientific; quasi-government.
QUASI-GOVERNMENTAL: supported by the government but managed privately <aquasi–governmental health-care agency> First Known Use of QUASI-GOVERNMENTAL 1948 ____________________________________________________________________________________________________
Bureaucracy
bu·reauc·ra·cy [byoo-rok-ruh-see] noun 1.government by many bureaus, administrators, and petty officials. 2.the body of officials and administrators, especially of a government or government department. 3.excessive multiplication of, and concentration of power in, administrative bureaus or administrators. 4.administration characterized by excessive red tape and routine.
Pundit pun·dit [puhn-dit] noun 1.a learned person, expert, or authority. 2.a person who makes comments or judgments, especially in an authoritative manner; critic orcommentator. 3.pandit. Origin: 1665–75; < Hindi paṇḍit < Sanskrit paṇḍita learned man, (adj.) learned ______________________________________________________________________________________________________________
Cabal ca·bal [kuh-bal] noun 1.a small group of secret plotters, as against a government or person in authority. 2.the plots and schemes of such a group; intrigue. 3.a clique, as in artistic, literary, or theatrical circles. verb (used without object), ca·balled, ca·bal·ling. 4.to form a cabal; intrigue; conspire; plot.
com·mu·nism [kom-yuh-niz-uhm] noun 1.a theory or system of social organization based on the holding of all property in common, actual ownership being ascribed to the community as a whole or to the state. 2( often initial capital letter ) a system of social organization in which all economic and social activity is controlled by a totalitarian state dominated by a single and self-perpetuating political party.
3.( initial capital letter ) the principles and practices of the Communist Party. 4. communalism.
draconian (dreɪˈkəʊnɪən) or draconic adj (sometimes capital) 1. of or relating to Draco, 7th-century Athenian statesman and lawmaker, or his code of laws, which prescribed death for almost every offence 2. harsh: draconian legislation
noun 1.the quality of being just; righteousness, equitableness, or moral rightness:to uphold the justice of a cause. 2.rightfulness or lawfulness, as of a claim or title; justness of ground or reason:to complain with justice. 3.the moral principle determining just conduct. 4.conformity to this principle, as manifested in conduct; just conduct, dealing, or treatment. 5.the administering of deserved punishment or reward. 6.the maintenance or administration of what is just by law, as by judicial or other proceedings:a court of justice.
7.judgment of persons or causes by judicial process:to administer justice in a community. 8.a judicial officer; a judge or magistrate.
verb (used with object) 1.to revoke or withdraw formally or officially:to repeal a grant. 2.to revoke or annul (a law, tax, duty, etc.) by express legislative enactment; abrogate. noun 3.the act of repealing; revocation; abrogation.
oligarchy [ol-i-gahr-kee] noun plural oligarchies. 1.a form of government in which all power is vested in a few persons or in a dominant class or clique; government by the few. 2.a state or organization so ruled. 3.the persons or class so ruling
The gaining of control (direct or indirect) over a government regulatory agency by the industry it regulates. ___________________________________________________________________________________________________
Confederate
[adj., n. kuh n-fed-er-it, -fed-rit; v. kuh n-fed-uh-reyt]
noun, pluralcomplacencies. 1. afeelingofquietpleasureorsecurity,oftenwhileunawareofsome potentialdanger,defect,orthelike;self-satisfactionorsmug satisfactionwithanexistingsituation,condition,etc. 2. Archaic a. friendly civility; inclination to please; complaisance. b. a civil act
An informal group of 300 to 400 people from North America, Europe, and East Asia who meet several times a year to discuss public policy with an eye toward promoting globalization and integration. Membership is by invitation and current government officials are excluded from membership. However, many members go on to become high political executives. The Trilateral Commission has been controversial throughout its history, with some accusing it of promoting a one-world government. It was established in 1973 by David Rockefeller.
TheconceptofreflexivemodernizationorreflexivemodernitywaslaunchedbyajointeffortofthreeoftheleadingEuropean sociologists— Anthony Giddens, Ulrich BeckandScott Lash. Theintroductionofthisconceptservedadoublepurpose:toreassesssociologyasa scienceofthepresent(movingbeyondtheearly20thCconceptual framework);andtoprovideacounterbalancetothepostmodernist paradigmofferingare-constructiveviewalongsidedeconstruction. Theconceptbuiltuponpreviousnotionssuchas post-industrial society (Daniel Bell)and post material society,butstresseshowin reflexive modernization, modernity directsitsattentiontotheprocessof modernization itself. See more at: http://encyclopedia.thefreedictionary.com/Reflexive+modernization
Administrative procedure is defined as “procedure used in carrying out an administrative program and is to be broadly construed to include any aspect of agency organization, procedure, or management which may affect the equitable consideration of public and private interests, the fairness of agency decisions, the speed of agency action, and the relationship of operating methods to later judicial review, but does not include the scope of agency responsibility as established by law or matters of substantive policy committed by law to agency discretion.” (5 USCS § 592)
Autocrat [aw-tuh-krat] noun 1. an absolute ruler, especially a monarch who holds and exercises the powers of government as by inherent right, not subject to restrictions. 2. a person invested with or claiming to exercise absolute authority. 3. a person who behaves in an authoritarian manner; a domineering person
Generally, the idea that the sovereign or government is immune from lawsuits or other legal actions except when it consents to them. Historically, this was an absolute doctrinal position that held Federal, state, and local governments immune from tort liability arising from the activities of government. These days, the application of sovereign immunity is much less clear-cut, as different governments have waived liability in differing degrees under differing circumstances.
Sovereign immunity is treated in two places in the US Constitution. Article III, Section 2 is applicable to questions involving the immunity of Federal officials from lawsuits, suits against the Federal government by a state and vice versa, and suits against the Federal government generally. The division of power between various possible sovereigns -- the state and Federal governments -- is dealt with by the Eleventh Amendment, which discusses suits between states, between states and the Federal government, and so-called diversity cases between citizens in different states. The issues are complex, and the line of Supreme Court decisions in this area is confusing and contradictory.
The Federal Tort Claims Act is the principal means by which the Federal government has waived its own liability from sovereign immunity.
A rule of orderhavingtheforce of law,prescribed by a superior or competentauthority,relating to theactions of thoseundertheauthority's control. See complete definition at http://legal-dictionary.thefreedictionary.com/regulation