P. 1
Actus Reus

Actus Reus

|Views: 11|Likes:
Published by El-Seti Anu Ali El

More info:

Published by: El-Seti Anu Ali El on Nov 02, 2013
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as DOCX, PDF, TXT or read online from Scribd
See more
See less





Actus reus: is Latin for "guilty act" and is the physical element of committing a crime.

It may be accomplished by an action, by threat of action, or exceptionally, by an omission to act. Admiralty law: (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans. is armed enforcement of the laws of commerce(the law merchant) a court that exercises jurisdiction over all maritime contracts, torts, injuries ,or offenses Affidavit: A voluntary declaration of facts written down and sworn to by the declarant before an officer authorized to administer oaths, such as a notary public. Allodial: Free; not holden of any lord or superior; owned without obligation of vassalage or fealty; the opposite of feudal. Allodium: Land held absolutely in one's own right, and not of any lord or superior; land not subject to feudal duties or burdens. An estate held by absolute ownership, without recognizing any superior to whom any duty is due on account thereof. Amend: to change the wording of, to formally alter by striking out, inserting or substituting words Anarchy: a sociopolitical theory holding that the only legitimate form of government is one under which individuals govern themselves free from any collective power structure enforcing compliance with social order. {No Rule or Law} Appear/Appearance: A coming into court as a party or interested person or as a lawyer on behalf of a party or interested person. Artificial person: An entity such as a corporation, created by lawand given certain legal rights and duties of a human being. Also termed ficitious, juristic, legal, moral persons Autocracy: Government by one person with unlimited power and authority unlimited monarchy. BLACK PERSON: "Black person," occurring in Constitution and laws, must be taken in its generic sense as contradistinguished from white. Rice v. Gong Lum, 139 Miss. 760, 104 So. 105, 109.Brief: A written statement setting out the legal contentions of a party in litigation, a document prepared by counsel as the basis for arguing a case, consisting of legal and factual arguments and the authorities in support of them. CESTUI QUE TRUST: He who has a right to a beneficial interest in and out of an estate the legal title to which is vested in another.2 Washb. Real Prop. 163. The person who

Citizen: for diversity-jurisdiction purposes.271. 'color of'. and far better adapted to the genius of our' language. 7. pertaining or appropriate to a member of acivitas or free political community.) 118 . Y. Color of Law: Color of law refers to an appearance of legal power to act but which may actually operate in violation of law. 608. means the thing colors (or adjusts) the law. as distinguished from such as belong to the army and navy or (in England) the church. 96 A. Also a private citizen. or student of the civil law. in other words. Ch. 616. it cant be changed. Moore v. For an action to be brought there must be a breach of contract and damages. though still far from universally adopted. 4 Johns. one of two prominent legal systems in the western world. Constitutor: One who by simple agreement. or to the policy and government of the citizens and subjects of a state. Color of: A legal term meaning the “pretense or appearance of "some right. Sherwood. however the adjustment made may either be lawful or it may merely appear to be lawful. 207 Ala. W. Conversion: the wrongful possession or disposition of another‟s property as if it were one‟s own. of Alabama. J. It is equal in precision to the antiquated and unwieldy Norman phrase. 92 So. 376. 85 N. becomes responsible for the payment of another‟s debt . the legal estate of which is vested in a trustee. It is the idea that if you don‟t injure anyone. (N.possesses the equitable right to property and receives the rents. sees and the head places of large districts. and profits thereof.)228 . a private contract is or agreement is involved. A doctor. Ch. in the view of the law. Civil Law: Jus civile. professor. Also. 388. and is accounted dead in law. "and the latter. it stems from Magna Carta. Platner v. Western Ry. C I V I L: Originally. Eq. issues. Bernardsville Methodist Episcopal Church v. Troup v. Seney. has come to be quite frequently used. Common Law: In Equity common law isnt written law. Wood. a corporation that was incorporated within a state or has its principal place or business there. 216 S. The body of law imposed by the state as opposed to moral law. then there is no crime. The condition of one who has lost his civil rights and capacities. natural or proper to a citizen. Y. CIVILITER MORTUUS: Civilly dead. CIVILIAN: One who is skilled or versed in the civil law. relating to the community. 389. Quick v. as in 'color of law'. Shifflett. 187 Ky. 6 Johns. (N.614. A person by birth or naturalization is a member of a political community. It has been proposed to substitute for this uncouth term the English word "beneficiary.

the latter sitting. The ceremony was as follows: The tenant. of life and limb and earthly honor. duties and obligations involved. Commonsense Emend: to correct or revise to edit or change FEALTY: In feudal law. or succeeding to it as heir. Holder in Due Course: A person who in good faith has given value for a negotiable instrument that is complete and regular on its face. and bear you faith. General Appearance: a general-purpose appearance that waives a party‟s ability later to dispute the court‟s authority to enter a binding judgment against him or her. being ungirt and with bare head. and to you will be faithful and loyal. Joint resolution to assure uniform value to the coins & currencies of the United States. and held his hands extended and joined between the hands of the lord. the feudal obligation resting upon the tenant or vassal by which he was bound to be faithful and true to his lord. Fidelity. and said: "I become your man [homo] from this day forward. knelt before the lord. in violation of a public law De facto Judge: A judge operating under color of law but whose authority is procedurally defective . allegiance to the feudal lord of the manor. {Rule by Majority or Mob Rule} Divine Law: God‟s law as distinguished from human law. It is described by Littleton as the most honorable service of reverence that a free tenant might do to his lord. in acknowledgment of the tenure. People or community as an organized whole wield sovereignty. such as a judge appointed under an unconstitutional statute. Feudal: A landholding system in which all are bound by status in a hierarchy of reciprocal obligations of service and defense Fraud in the inducement: Fraud occurring when a misrepresentation leads another to enter into a transaction with a false impression of the risks. Democracy: Government by the people either directly or by representative.Creditor: A person to whom a debt is owing by another person (debtor)Crime: An act committed or emitted. A service (or the ceremony of render ingit) which a tenant was bound to perform to his lord on receiving investiture of a fee. using the words „to hold‟ HJR 192: House Joint Resolution (HJR) 192: Joint Resolution To Suspend The Gold Standard & Abrogate The Gold Clause. Habendum: a section of a conveyance which gives details of how the property is to be assigned to the purchaser. saving the faith that . and render him obedience and service. is not overdue and to the possessor‟s knowledge has not been dishonored. HOMAGE: In feudal law. for the tenements that I claim to hold of you.

designated by the rules of conflict of laws. Lex fori:The lex fori is a specific concept of private international law and refers to the law of the court in which the action is brought. pro per." The tenant then received a kiss from the lord. neither actually dead nor c-iviliter mortuus. which admits the jurisdiction. Traditionally the lex fori governs questions of procedure. of right Jurisdiction: A government‟s general power to exercise authority over all persons and things within its territory especially a state‟s power to create interests that will be recognized under common law in other states. propria persona. in propria persona. in person. Appearing for oneself. IN FULL LIFE: Continuing in both physical and civil existence. See applicable law. because if pleaded by attorney they admit the jurisdiction. the court must consider the law applicableto the case.I owe unto our sovereign lord the king. Law: a system of principles and rules of human conduct Lex causae: The lex causae is a specific concept of private international lawand refers to the law governing the substance of the case. In one's own proper person. so help me God. and he is presumed to plead after having obtained leave (permission). Homage could be done only to the lord himself . in pro per. Lex loci delicti: The lex loci delicti is a specific concept of private international lawand refers to the law of the country where. the harmful . regardless of the lex causae. It was formerly a rule of pleading that pleas to the jurisdiction of the court must be plead in propria persona. In Pro Se: For himself. taking on all or some of the responsibilities of a parent. in his own behalf. Appearing "pro se" is not the same as appearing "in propria persona" as one appearing "pro se" is serving as his own attorney and thereby granting the court jurisdiction (personam jurisdiction) as all attorneys are officers of the court. sanctioned. In certain circumstances. as an attorney is an officer of the court. Frequently written in abbreviated form. Where an action is brought in a court and has an international dimension. that is. Jura: rights. embraced or covered by positive law Juris: of law. the lex fori will apply. interms of non-contractual obligations. In Propria Persona: In one's own proper person. laws Jural: pertaining to natural or positive right Recognized. as in the case of one who does not retain a lawyer and appears for himself in court. In Loco Parentis: of relating to or acting as a temporary guardianor caretaker of a child.

insurrection. Nation: A people or aggregation of men. who summons the courts for the several sheadings. meaning "guilty mind". or illegal application of income. Naturalized: One clothed with certain rights and privileges of a citizen ship Natural Person: Positive legal status In Propria Persona latin “In One‟s own person” Netocracy: A perceived global class that bases its power on a technological advantage and networking skills. and disguises that income to make it appear legitimate. . Nihil dicit: Latin for "he says nothing".event occurred. Intention under criminal law is separate from a person's motive. National: of or related to a nation. Moral Law: A collection of principles defining right and wrong conduct. a judgment for want of a plea Non-Assumpsit: “He did not undertake” I do not agree to this contract. existing in the form of an organize jural society. A member of a nation. economic collapse. Motion: A written or oral application requesting a court to makea specified ruling or order. A guilty mind means an intention to commit some wrongful act. usu. License: A permission. illegal source. revocable.{Rule by One} Money laundering: is "the process by which one conceals the existence. The highest ranking citizen. a standard to which an action must conform to be right and virtuous. Minor: Not of age.MCO: manufacturer's certificate of origin Mens rea: is another Latin phrase. aboriginal and indigenous inhabitants of the land. The office is similar to the English bailiff of a hundred. instead of the civil authority governs the country usually imposed when rulers think Civil law has failed. Status in court is not sovereign such as pro se Monarchy: Government in which a single person rules with powers varying from absolute dictatorship to merely ceremonial. going to fail or foresee an invasion. to commit some act that would otherwise be unlawful Manumit: to free( a slave) Martial Law: the law by which the army. these are the natural. or other breakdowns in the the ruler‟s desired social order. MOOR: An officer in the Isle of Man.

by which the tenant was admitted into the feud. Seisin: Possession of real property under claim of free hold estate. Special Appearance: A defendant‟s pleading that either claims the court lacks jurisdiction over the defendant or objects to improper service of process. to prosecute.body or state vested with independent and supreme authority. Quality of Products Legislation: A statute designed to protect a consumer who buys a substandard automobile usually by requiring the manufacturer or dealer to replace the vehicle or to refund full purchase price. UCC 1-201b37 3-401b Sovereign:Person. to try. powers of free action Securitization: to convert (assest) into negotiable securities for resale in the financial market. to proceed with. Elite group {Rule by a few}Paren Patriae: The state in its capacity as provider of protection to those unable to care for themselves. exemption. The equivalent of "seis in" under the feudal system. ethical correctness or consonance with the rules of law or principles of morals. Commercial law. or immunity granted to a person or class of persons. Appearance de bene esse . while a thing is the object over which Rights may be exercised Prefer: To bring before. Signature: a person‟s name or mark written by that person or at the person‟s direction. Republic: Government in which the people hold sovereign power and elect representatives who exercise that power.Oligarchy: Government in which a small group of persons exercise control. To give advantage. {Rule bylaw}Right: justice. allowing the issuing financial institution to remove assets from its books and thereby improveits capital ratio and liquidity and to make new loans with the security proceeds. priority or privilege Privilege: A Special legal right. any name or writing used with the intention of authenticating a document. The completion of the feudal investiture. 2 A defendant‟s showing up in court for the sole purpose of contesting the court‟s assertion of personal jurisdiction. A nation in its collective and political capacity Person: A human being considered as capable of having rights and of being charged with duties. Attorney General as legal guardian People: A state. and performed the rights of homage and fealty. Black's: Feudal possession.

” Williams. his heirs and assigns forever.Unalienable Rights: A right that can not be transferred orsurrendered. the tenendum is of no further use even in England. the grant is to “A. and is therefore joined to the habendum in this manner.Com. This is a Latin word. i. which signifies to hold.” the latter.. in conveyance of land in fee-simple. for which aremedy must be found usually in the form of damages. by way of tenure.) The former clause is called the “habendum.e.v. a third party who is put up in name only to take part in a transaction. 6a. "to have and to hold. . $1.000. UCC: Uniform Commercial Code .000 in the case of a married individual filing a separate return). establish or decree.."The words "to hold" have now no meaning in our deeds. Litt. Sui Juris: “of one‟s own right” of Full age and capacity. securedtransactions and negotiable instruments. Possessing full social and civil rights TDA: Treasury Direct Account.Something that is due by just claim. to have and to hold the said [land] unto and to the use of the said A.000 ($500. 2 Bl. one of no substance. a uniform law that governscommercial transactions. but since all freehold tenures were converted into so cage. It was formerly that part of a deed which was used to express the tenure by which the estate granted was holden. however.” Co.000. Tort: A civil wrong other than a breach of contract. An act of the legislature STRAMINEUS HOMO: A man of straw. Vide Habendum.000 limitation: "The aggregate amount treated as acquisition indebtedness for any period shall not exceed $1. To Have And To Hold: The words in a conveyance which show the estate intended to be conveyed. while the words “to hold” signify that it is to be held of some superior lord. or moralprinciple. the “tenendum. one who acts as an agent for another for the purposes of taking title to real property & executing whatever documents & instruments the principal may direct. STRAWMAN: A front.Statute: to ordain. and his heirs. Person who purchases property for another to conceal identity of real purchaser or to accomplish some purpose otherwise not allowed. the words “to have” denote the estate to be taken. A natural right. legal gurantee. Real Prop. put forward as bail or surety. including sales of goods. "Tenendum: conveyancing. 298.(q. 198 Strictly speaking. Nominal party to a transaction. go to Title 26 USC & take a look at section 163(h)(3)(B)(ii). Thus.

United States Notes: Promissory notes. WARDEN: A guardian . issued by the government of the United States Void Ab Initio: Void from the beginning. especially an infant. If a contract lacks legalmerit from the beginning it is null and void. placed 'by authority of lawunder the care of a guardian. This is the name given tovarious officers. . WARD: A person. a keeper. resembling bank-notes.

You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->