Category:1848 in law
This category has the following 7 subcategories, out of 7 total.
Pages in category "1848 in law"
The following 9 pages are in this category, out of 9 total. This list may not reflect recent changes (learn more).
This category has the following 7 subcategories, out of 7 total.
The following 9 pages are in this category, out of 9 total. This list may not reflect recent changes (learn more).
1. Constitution – A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i. e. constitute, some constitutions are uncodified, but written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from states to companies. A treaty which establishes an international organization is also its constitution, within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a states rulers cannot cross, the term constitution comes through French from the Latin word constitutio, used for regulations and orders, such as the imperial enactments. Later, the term was used in canon law for an important determination, especially a decree issued by the Pope. The Latin term ultra vires describes activities of officials within an organization or polity that fall outside the constitutional or statutory authority of those officials. Ultra vires gives a justification for the forced cessation of such action. A violation of rights by an official would be ultra vires because a right is a restriction on the powers of government, and therefore that official would be exercising powers they do not have. It was never law, even though, if it had been a statute or statutory provision, in such a case, only the application may be ruled unconstitutional. Historically, the remedy for such violations have been petitions for common law writs, excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice, issued by the Sumerian king Urukagina of Lagash ca 2300 BC. Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered, for example, it is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich. After that, many governments ruled by codes of written laws. The oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur, some of the better-known ancient law codes include the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code and Mosaic law. In 621 BC a scribe named Draco codified the cruel oral laws of the city-state of Athens, in 594 BC Solon, the ruler of Athens, created the new Solonian Constitution. It eased the burden of the workers, and determined that membership of the class was to be based on wealth. Cleisthenes again reformed the Athenian constitution and set it on a footing in 508 BC. The most basic definition he used to describe a constitution in general terms was the arrangement of the offices in a state
2. Court case – A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be civil or criminal. In each legal case there is an accuser and one or more defendants, the remedy will be prescribed by the court if the plaintiff wins the case. A civil case can also be arbitrated through arbitration, which may result in a settlement, with lower costs. Cases involving separation including asset division, support, and matters related to children are handled differently in different jurisdictions, often, the courts procedure for dealing with family cases is very similar to that of a civil case. A criminal case may in some jurisdictions be settled before a trial through a plea bargain, typically, in a plea bargain, the defendant agrees to plead guilty to a lesser charge than that which was originally brought by the grand jury or prosecuter. A defendant who goes to trial risks greater penalties than would normally be imposed through a plea bargain. Details of the procedure may depend on both the kind of case and the kind of system in which the case is brought - whether, for example, it is an inquisitorial system or an adversarial system. The outcome of the case is recorded, and can later be reviewed by obtaining a copy of the associated with the designation previously assigned to the case. However, it is more convenient to refer to cases – particularly landmark. Where a legal proceeding does not have formally designated adverse parties, the v separating the parties is an abbreviation of the Latin versus, but, when spoken in Commonwealth countries, it is normally rendered as and or against. Where it is considered necessary to protect the anonymity of a natural person, in titles such as R v Adams, however, the initial R is usually an abbreviation for the Latin Rex or Regina, i. e. for the Crown. Case law early case assessment lists of case law
3. Crime – In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in criminal law, have any simple and universally accepted definition. The most popular view is that crime is a created by law, in other words, something is a crime if declared as such by the relevant. One proposed definition is that a crime or offence is an act not only to some individual. Such acts are forbidden and punishable by law, the notion that acts such as murder, rape and theft are to be prohibited exists worldwide. What precisely is an offence is defined by criminal law of each country. While many have a catalogue of crimes called the criminal code, the state has the power to severely restrict ones liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must adhere, usually, to be classified as a crime, the act of doing something criminal must – with certain exceptions – be accompanied by the intention to do something criminal. While every crime violates the law, not every violation of the law counts as a crime, breaches of private law are not automatically punished by the state, but can be enforced through civil procedure. With institutional and legal machinery at their disposal, agents of the State can compel populations to conform to codes, authorities employ various mechanisms to regulate certain behaviors in general. In addition, authorities provide remedies and sanctions, and collectively these constitute a criminal justice system, Legal sanctions vary widely in their severity, they may include incarceration of temporary character aimed at reforming the convict. Some jurisdictions have penal codes written to inflict permanent harsh punishments, legal mutilation, usually a natural person perpetrates a crime, but legal persons may also commit crimes. Conversely, at least under U. S. law, nonpersons such as animals cannot commit crimes, the sociologist Richard Quinney has written about the relationship between society and crime. When Quinney states crime is a phenomenon he envisages both how individuals conceive crime and how populations perceive it, based on societal norms. The word crime is derived from the Latin root cernō, meaning I decide, originally the Latin word crīmen meant charge or cry of distress. The Ancient Greek word krima, from which the Latin cognate derives, typically referred to a mistake or an offense against the community. In 13th century English crime meant sinfulness, according to etymonline. com and it was probably brought to England as Old French crimne, from Latin crimen. In Latin, crimen could have signified any one of the following, charge, indictment, accusation, crime, fault, the word may derive from the Latin cernere – to decide, to sift
4. Treaty – A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention, pact, or exchange of letters, regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same. A treaty is an official, express written agreement that states use to bind themselves. Since the late 19th century, most treaties have followed a consistent format. A treaty typically begins with a preamble describing the parties and their joint objectives in executing the treaty. Modern preambles are sometimes structured as a very long sentence formatted into multiple paragraphs for readability. The end of the preamble and the start of the agreement is often signaled by the words have agreed as follows. After the preamble comes numbered articles, which contain the substance of the actual agreement. Each article heading usually encompasses a paragraph, a long treaty may further group articles under chapter headings. The date is written in its most formal, longest possible form. For example, the Charter of the United Nations was DONE at the city of San Francisco the twenty-sixth day of June, one nine hundred. If the treaty is executed in multiple copies in different languages, that fact is always noted, the signatures of the parties representatives follow at the very end. Bilateral treaties are concluded between two states or entities, each of these treaties has seventeen parties. These however are still bilateral, not multilateral, treaties, the parties are divided into two groups, the Swiss and the EU and its member states. The treaty establishes rights and obligations between the Swiss and the EU and the member states severally—it does not establish any rights and obligations amongst the EU, a multilateral treaty is concluded among several countries. The agreement establishes rights and obligations between each party and every other party, Treaties of mutual guarantee are international compacts, e. g. the Treaty of Locarno which guarantees each signatory against attack from another. Reservations are essentially caveats to an acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify the legal obligation and these must be included at the time of signing or ratification, i. e. a party cannot add a reservation after it has already joined a treaty
5. 1848 – As of the start of 1848, the Gregorian calendar was 12 days ahead of the Julian calendar, which remained in localized use until 1923. January 3 – Joseph Jenkins Roberts is sworn in as the first president of the independent African Republic of Liberia, January 12 – The Palermo rising erupts in Sicily, against the Bourbon Kingdom of the Two Sicilies. January 24 – California Gold Rush, James W. Marshall finds gold at Sutters Mill, in Coloma, January 31 Construction of the Washington Monument begins in Washington, D. C. Frémont is court-martialed on grounds of mutiny and disobeying orders, the verdict is set aside by United States President James K. Polk, but Frémont retires to California Territory. February 21 – Karl Marx and Friedrich Engels publish The Communist Manifesto in London, february 23 – François Guizot, Prime Minister of France, resigns. 52 people from the Paris mob are killed by soldiers guarding public buildings, february 24 – Louis Philippe I, King of the French, abdicates in favour of his grandson, Prince Philippe, Count of Paris, and flees to England after days of revolution in Paris. The French Second Republic is later proclaimed by Alphonse de Lamartine in the name of the government elected by the Chamber under the pressure of the mob. March 2 – The March Disturbances in Sweden, March 11 – Louis-Hippolyte Lafontaine and Robert Baldwin became the first Joint Premiers of the Province of Canada to be democratically elected under a system of responsible government. March 13 – Prince Klemens von Metternich gives up office as State Chancellor, March 15 – Start of the Hungarian Revolution of 1848. The Hungarian young revolutionary intellectuals led by Sándor Petőfi, Mór Jókai, March 18 – In Berlin barricade fighting between revolutionaries and royalist forces marks the culmination of the German revolutions of 1848–49. Hundreds are killed in the clashes but king Frederick William IV of Prussia is forced to honour the dead, March 22 – Republic of San Marco comes into existence in Venice. March 23 – Founding of the New Zealand city of Dunedin, April 10 A Chartist Monster Rally is held in Kennington Park London, headed by Feargus OConnor. A petition demanding the franchise is presented to the Parliament of the United Kingdom, the Illinois and Michigan Canal is completed. April 11 – The first Hungarian national government is formed, under the leadership of Lajos Batthyány, the April Laws, the first democratic revolutionary laws in Hungary are promulgated. The Habsburg emperor, and Hungarian king Ferdinand I of Austria, ratifies these laws, April 18 – Second Anglo-Sikh War breaks out in the Punjab. The allocution, by which Pius is seen to withdraw his support for the Italian unification movement, is a key first step in the soon-to-be crushing reaction against the revolutions of 1848. May 15 Radicals invade the French Chamber of Deputies,40,000 Romanians meet at Blaj to protest Transylvania becoming a part of Hungary. May 18 – The first German National Assembly opens in Frankfurt, may 19 – The Treaty of Guadalupe Hidalgo, ending the Mexican–American War, is ratified by the Mexican government
6. Proclamation of Islaz – The Proclamation of Islaz was the program adopted on June 9,1848 by Romanian revolutionaries. It was written by Ion Heliade Rădulescu, on June 11, under pressure from the masses, Domnitor Gheorghe Bibescu was forced to accept the terms of the proclamation and recognise the provisional revolutionary government. The Proclamation of Islaz has the form and value of a constitutional act, between these 22 provisions are notably, The independence of the administration and legisalature. The election of a responsible domnitor for a period of 5 years, reduction of the civil lists of the domnitor. Emancipation of the Jews and all other compatriots belonging to other rites, creation of a system of prisons. The location of Islaz was a port on the Danube with some commercial significance
7. Statuto Albertino – The Statuto Albertino, was the constitution that Charles Albert of Sardinia conceded to the Kingdom of Sardinia in Italy on 4 March 1848. The Statute later became the constitution of the unified Kingdom of Italy and remained in force, with changes, the Statute was proclaimed only because of concern at the revolutionary insurrection then agitating Italy. Charles Albert was only following the example of other Italian rulers, the Statute remained the basis of the legal system even after Italian unification was achieved in 1861 and the Kingdom of Sardinia became the Kingdom of Italy. Even though it suffered deep modifications, especially during the fascist dictatorship of Benito Mussolini, freedom of religion was granted for all existing forms of worship, in conformity with the law. The Kingdom of Italy was a monarchy, with an hereditary crown, in accordance with the Salic law. Legislative power was exercised collectively by the King, the Senate, executive power was vested in the King alone, who was declared to be sacred and inviolable. Among the powers of the King were the capacity to declare war, conclude treaties of peace, of alliance, of commerce and others. He was required to notify the Chambers of these treaties except in circumstances where vital state interests, however, treaties entailing either a financial burden or changes in the territories of the State had to be ratified by the Chambers. Sign bills into law and promulgate them, as well as issue the decrees, propose new legislation, a power shared with the Chambers. However, taxation and appropriations bills were required to originate in the Chamber of Deputies, annually convene the Chambers, prorogue them and dissolve the Chamber of Deputies, with the proviso that a new Chamber must be convened within four months of its dissolution. The King reached majority at the age of eighteen, if that prince was younger than 21, these duties passed to the next in line, until the King reached majority. In the absence of relatives, the Queen Mother served as regent. If there was no Queen Mother, the ministers were required to convene the Chambers within ten days to name a regent. The same procedures applied in the event of incapacity of the reigning King. Of these assets the Statute mandated an inventory to be compiled, during the coronation, the King was required to swear before both Chambers to act in accordance with the Statute, while the regent was required to swear loyalty to the King and the Statute. All citizens were required to pay taxes in proportion to their possessions, the Statute granted the rights of habeas corpus, guaranteeing personal liberty and inviolability of the residence. Nobody could be arrested or brought to trial, or have his home searched, except in those cases, however, if public interest mandated it, citizens could be required to give up all or part of their property with due compensation and in accordance with the law. Freedom of the press was granted, but the government was empowered to punish abuses of this freedom, moreover the Statute granted the Bishops the sole authority to grant permission to print bibles, catechisms, liturgical and prayer books
8. Treason Felony Act 1848 – The Treason Felony Act 1848 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. Parts of the Act are still in force and it is a law which protects the Queen and the Crown. The offences in the Act were originally high treason under the Sedition Act 1661, consequently, in 1848 three categories of treason were reduced to felonies. The Act does not prevent prosecutors from charging somebody with treason instead of treason if the same conduct amounts to both offences. Treason felony is an indictable-only offence and it is punishable with imprisonment for life or any shorter term. In Northern Ireland, a person charged with treason felony may not be admitted to bail except by order of the High Court or of the Secretary of State, Treason felony is a reserved matter on which the Scottish Parliament cannot legislate. The full text of the Act is available online, the wording of section 3 of the Act is, Penal transportation was abolished in 1868, leaving life imprisonment as the maximum sentence. Section 4 of the Act contained strict rules about treason felony when committed only by speaking, a conviction required a confession in open court, or the evidence of two witnesses to prove the words spoken. Also a prosecution had to be brought within six days of the offence, section 4 was repealed by the Statute Law Revision Act 1891. They sought a declaration that the Human Rights Act 1998 had altered its meaning so that only violent conduct was criminal, the court held that this was a hypothetical question that did not deserve an answer, since The Guardian was not being prosecuted. The case eventually went to the House of Lords on appeal in 2003, the idea that section 3 could survive scrutiny under the Human Rights Act is unreal. However, the Government later stated that the announcement that it had been repealed was wrong, N. S.599 R v. Cuffey 7 State Tr. 98, col.20 -59 Hansard,10 April 1848,98, col.74 -135 Hansard,11 April 1848, vol. 98, col.153 -175 Hansard,12 April 1848,98, col.223 -259 Hansard,14 April 1848, vol. 98, col.341 -379 Hansard,17 April 1848,98, col.417 -431 Hansard,18 April 1848, vol. 98, col.453 -479 Hansard,18 April 1848,98, col.447 Hansard,19 April 1848, vol. 98, col.486 -507 Hansard,20 April 1848,98, col.534 -537 Hansard,22 April 1848, vol