Search Results for: UNLAWFUL

quasi offense

Civil law. A negligent unlawful act that causes injury or loss to another and that gives rise to a claim for damages. • This is equivalent to the common-law tort of negligence. — Also termed quasi-delict. [Cases: Torts 1. C.J.S. Torts §§ 2–7.]

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illegitimacy

illegitimacy. 1. Unlawfulness. 2. The status of a person who is born outside a lawful marriage and who is not later legitimated by the parents. — Also termed bastardy. Cf. LEGITIMACY. [Cases: Children Out-of-Wedlock 1. C.J.S. Children Out-of-Wedlock §§ 2–11.]

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illegal entry

illegal entry. 1. Criminal law. The unlawful act of going into a building with the intent to commit a crime. • In some jurisdictions, illegal entry is a lesser included offense of burglary. [Cases: Burglary 9. C.J.S. Burglary §§ 11–12, 16, 21–22.] 2. Immigration. The unauthorized entrance of an alien into the United States by

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right of assembly

right of assembly. The constitutional right — guaranteed by the First Amendment — of the people to gather peacefully for public expression of religion, politics, or grievances. — Also termed freedom of assembly; right to assemble. Cf. FREEDOM OF ASSOCIATION; unlawful assembly under ASSEMBLY. [Cases: Constitutional Law 91. C.J.S. Constitutional Law §§ 461–462, 466, 612–629.]

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dram shop act

dram-shop act. A statute allowing a plaintiff to recover damages from a commercial seller of alcoholic beverages for the plaintiff’s injuries caused by a customer’s intoxication. — Also termed civil-liability act; civil-damage law. [Cases: Intoxicating Liquors 282–324. C.J.S. Intoxicating Liquors §§ 428–463.] “Largely at the behest of the temperance movement, statutes (called ‘dram shop acts’)

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seduction

seduction. The offense that occurs when a man entices a woman of previously chaste character to have unlawful intercourse with him by means of persuasion, solicitation, promises, or bribes, or other means not involving force. • Many states have abolished this offense for persons over the age of legal consent. Traditionally, the parent of a

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liberty of assembly

liberty of assembly 〈英〉集会自由 公民自由之一,指两人或多人在公共场所、或经主人同意在私人场所,进行——除破坏治安、从事其他犯罪或侵权行为以外的——任何目的的集会的自由。由政治演说家或工会领导人所召集的集会同居民为打牌和听音乐的聚会具有同样的表面合法性。在英格兰,1935年的托马斯诉索金斯案〔Thomas v. Sawkins〕的判决认为:如果警察有充分的理由认为在私人住宅举行的集会将有煽动性的演讲,或将会发生破坏治安的行为,则可迳行进入参与该集会。在公共场所举行集会或公共会议的自由不应妨碍他人使用街道、广场、公园和公共会议经常举行地的自由,也不应妨碍公共秩序。普通法不允许在特拉法尔加广场〔Trafalgar Square〕、海德公园〔Hyde Park〕、其它公地和海滩举行公共集会。与集会自由紧密相连的是在公共街道上组织游行的自由。 (→unlawful assembly)

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usurpation

usurpation (yoo-s[schwa]r-pay-sh[schwa]n or yoo-z[schwa]r-pay-sh[schwa]n), n. The unlawful seizure and assumption of another’s position, office, or authority. [Cases: Officers and Public Employees 86. C.J.S. Officers and Public Employees § 114.] — usurp (yoo-s[schwa]rpor yoo-z[ schwa]rp), vb. usurpation of advowson (ad-vow-z[schwa]n). Hist. An injury consisting in the absolute ouster or dispossession of the patron from the advowson.

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