military government. Int’l law. The control of all or most public functions within a country, or the assumption and exercise of governmental functions, by military forces or individual members of those forces; government exercised by a military commander under the direction of the executive or sovereign, either externally during a foreign war or internally during […]
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Mathews v. Eldridge test. Constitutional law. The principle for determining whether an administrative procedure provides due-process protection, by analyzing (1) the nature of the private interest that will be affected by the governmental action, (2) the risk of an erroneous deprivation through the procedure used, (3) the probable value of additional or substitute procedural safeguards,
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Distribution of power between the federal government and the states in which each recognizes the powers of the other while jointly engaging in certain governmental functions. [Cases: States 4.19. C.J.S. States § 28.]
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federalism. The legal relationship and distribution of power between the national and regional governments within a federal system of government. cooperative federalism. Distribution of power between the federal government and the states in which each recognizes the powers of the other while jointly engaging in certain governmental functions. [Cases: States 4.19. C.J.S. States § 28.]
minister, n. 1. A person acting under another’s authority; an agent. 2. A prominent government officer appointed to manage an executive or administrative department. 3. A diplomatic representative, esp. one ranking below an ambassador. [Cases: Ambassadors and Consuls 1–5. C.J.S. Ambassadors and Consuls §§ 2–13, 15–30.] foreign minister. 1. A minister of foreign affairs, who
obsolescence (ob-s[schwa]-les-[schwa]nts). 1. The process or state of falling into disuse or becoming obsolete. 2. A diminution in the value or usefulness of property, esp. as a result of technological advances. • For tax purposes, obsolescence is usu. distinguished from physical deterioration. Cf. DEPRECIATION. [Cases: Taxation 348(4).] economic obsolescence. Obsolescence that results from external economic
justiciary (j[schwa]-stish-ee-er-ee), adj. Of or relating to the administration of justice; pertaining to the law. See HIGH COURT OF JUSTICIARY . justiciary (j[schwa]-stish-ee-er-ee), n. 1. A justice or judge. 2. Hist. The chief administrator of both government and justice. • From the time of the Norman Conquest in 1066 until the reign of Henry III
checks and balances. The theory of governmental power and functions whereby each branch of government has the ability to counter the actions of any other branch, so that no single branch can control the entire government. • For example, the executive branch can check the legislature by exercising its veto power, but the legislature can,
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utility. 1. The quality of serving some function that benefits society; meritoriousness. 2. Patents. Capacity to perform a function or attain a result claimed for protection as intellectual property. • In patent law, utility is one of the three basic requirements of patentability, the others being nonobviousness and novelty. In the calculation of damages for
prohibition. 1. A law or order that forbids a certain action. 2. An extraordinary writ issued by an appellate court to prevent a lower court from exceeding its jurisdiction or to prevent a nonjudicial officer or entity from exercising a power. — Also termed (in sense 2) writ of prohibition; (in Scots law) inhibition. Cf.