The law has been perverted, and the powers of the state have become perverted along with it. The law has not only been turned from its proper function, but made to follow an entirely contrary purpose. The law has become a tool for every kind of greed. Instead of preventing crime, the law itself is guilty of the abuses it is supposed to punish.
Frederick Bastiat, The Law, 1853
Sunday, April 17, 2011
Define: demurrer
demurrer is a formal objection to the legal sufficiency of an opponent's pleading. It asks for a judgment in the demurring party's favor due to a failure to state a cause of action.
Define: writ of mandate
A petition for writ of mandate, also commonly known as a petition for a writ of mandamus, is a document filed with a court that requests an order directing a governmental agency or representative to perform a required function. In the alternative, a petition for writ of mandate can be filed seeking a court to order a governmental agency or representative to stop doing something that it has no legal authority to do in the first instance.
Sunday, April 3, 2011
Define: appurtenant
appurtenant adj. pertaining to something that attaches. In real property law this describes any right or restriction which goes with that property, such as an easement to gain access across the neighbor's parcel, or a covenant (agreement) against blocking the neighbor's view.
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