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One of three types of contractual terms, the others being essentialia negotii 'core terms' and naturalia negotii 'implied terms'. actus iuridicus: legal act 1. In French-law-based systems, refers only to those sources of subjective law that are human-made and voluntary (vs. factum iuridicum); 2. In German-law-based systems, encompasses all ...
Wrongful detention occurs when a person or state intentionally restricts another person's movement within any area with legal authority but without justification or due process of law. [11] A person who is wrongfully detained is confined to a specific place, but may not necessarily be imprisoned. Wrongful detentions can include travel bans or ...
Pages in category "Latin legal terminology" The following 200 pages are in this category, out of approximately 315 total. This list may not reflect recent changes .
The following pages contain lists of legal terms: List of Latin legal terms; List of legal abbreviations; List of legal abbreviations (canon law) on Wiktionary: Appendix: English legal terms; Appendix: Glossary of legal terms
Virtually all individuals who are arbitrarily arrested are given no explanation as to why they are being arrested, and they are not shown any arrest warrant. [4] Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held incommunicado and their whereabouts can be concealed from their family, associates, the public population and open trial courts.
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
The interdictum de homine libero exhibendo was a form of interdictum in Roman law ordering a man who unlawfully holds a free man as a slave to produce this man in court. In modern Roman-Dutch law it has been developed into a mechanism to challenge unlawful detention, equivalent to the writ of habeas corpus in English common law.
In classical Latin, posse is a contraction of potesse, an irregular Latin verb meaning "to be able". [ 6 ] [ 7 ] [ 8 ] The unusual genitive in " -ūs " is a feature of the fourth declension . In its earliest days, the posse comitatus was subordinate to the king, country, and local authority.