Legal Term Dictionary

A people, or aggregation of men, existing in the form of an organized jural society, inhabiting a distinct portion of the earth, speaking the same language, using the same'customs, possessing historic continuity, and distinguished from other like groups by their racial origin* and characteristics, and generally, but not necessarily, living More...

A people, or aggregation of men, existing in the form of an organized jural society, inhabiting a distinct portion of the earth, speaking the same language, using the same'customs, possessing historic continuity, and distinguished from other like groups by their racial origin* and characteristics, and generally, but not necessarily, living under the same government and sovereignty. See Montoya v. TJ. S., 180 U. S. 261, 21 Sup. Ct 358, 45 L. Ed. 521; Worcester v. Georgia, 6 Pet 539, 8 L. Ed. 483; Republic of Honduras v. Soto, 112 N. Y. 310, 10 N. E. 845, 2 L. R. A. 042, 8 Am. St Rep. 744. Besides the element of autonomy or self-government, that is, the independence of the community as a whole from the interference of any foreign power in its affairs or any subjection to such power, it is further necessary to the constitution of a nation that it should be an organized jural society, that is, both governing its own members by regular laws, and defining and protecting their rights, and respecting the rights and duties which attach to it as a constituent member of the family of nations. Such a society, says Vattel, has her affairs and her interests; she deliberates and takes resolutions in common; thus becoming a moral person, who possesses an understanding and will peculiar to herself, and is susceptible of obligations and rights. Vattel, ?? 1, 2.The words "nation" and "people" are frequently used as synonyms, but there is a great ifference between them. A nation is an aggregation of men speaking the same language, having the same customs, and endowed with certain moral qualities which distinguish them from other groups of a like nature. It would follow from this definition that a nation is destined to form only one state, and that it constitutes one indivisible whole. Nevertheless, the history of every age presents us with nations divided into several states. Thus, Italy was for centuries divided among several different governments. The people is the collection of all citizens without distinction of rank or order. All men living under the same government compose the people of the state. In relation to the state, the citisens constitute the people; in relation to the human race, they constitute the nation. A free nation is one not subject to a foreign government whatever be the constitution of the state; a people is free when all the citisens can participate in a certain measure in the direction and in the examination of public affairs. The people is the political body brought into existence by community of laws, and the people may perish with these laws. The nation is the moral body, independent of political revolutions, because it is constituted by inborn qualities which render it indissoluble. The state is the people organized into a political body. Lalor, ol. Enc ". v. In American constitutional law the word "state" is applied to the several members of the American Union, while the word "nation" is applied to the whole body of the people embraced within the jurisdiction of the federal government. Cooley, Const. Llm. 1. See Texas v. White, 7 Wall. 720, 19 L. Ed. 227. Less...

Pertaining or relating to a nation as a whole; commonly applied in American law to Institutions, laws, or affairs of the United States or its government, as opposed to those of the several states. -National bank. A bank incorporated and doing business under the laws of the United States, as More...

Pertaining or relating to a nation as a whole; commonly applied in American law to Institutions, laws, or affairs of the United States or its government, as opposed to those of the several states. -National bank. A bank incorporated and doing business under the laws of the United States, as distinguished from a state bank, which derives its powers from the authority of a particular state.-National currency. Notes issued by national banks, and by the United States government.-National debt. The money owing by government to some of the public, the interest of which is paid out of the taxes raised by the whole of the public-National domain. See DOMAIN. National domicile. See DOMICILE.-National government. The government of a whole nation, as distinguished from that of a local or territorial division of the nation, and also as distinguished from that of a league or confederation. "A national government is a government of the people of a single state or nation, united as a community by what is termed the 'social compact' and possessing complete and perfect supremacy over persons and things, so far as they can be made the lawful objects of civil government A federal government is distinguished from a national government by its being the government of a community of independent and sovereign states, united by compact." Piqua Branch Bank v. Knoup, 6 Ohio St. 393, Less...

That quality or character which arises from the fact of a person's belonging to a nation or state. Nationality determines the political status of the individual, especially with reference to allegiance; while domicile determines his civil status. Nationality arises either by birth or by naturalization. According to Savigny, i4nationallty" is More...

That quality or character which arises from the fact of a person's belonging to a nation or state. Nationality determines the political status of the individual, especially with reference to allegiance; while domicile determines his civil status. Nationality arises either by birth or by naturalization. According to Savigny, i4nationallty" is also used as opposed to "territoriality," for the purpose of distinguishing the case of a nation having no national territory; e. p., the Jews. 8 Sav. Syst f 346: Westl. Priv. Int. Law, 5. Less...

In Spanish and Mexican' law. Nationalization. "The nationalization of property is an act which denotes that it has become that of the nation by some process of law, whereby private individuals or corporations have been for specified reasons deprived thereof." Hall, Mex. Law, | 749.

In Spanish and Mexican' law. Nationalization. "The nationalization of property is an act which denotes that it has become that of the nation by some process of law, whereby private individuals or corporations have been for specified reasons deprived thereof." Hall, Mex. Law, | 749. Less...

See INTERNATIONAL LAW

See INTERNATIONAL LAW Less...

A natural-born subject or citizen ; a denizen by birth; one who owes his domicile or citizenship to the fact of his birth within the country referred to. The term may also include one born abroad, if his parents were then citizens of the country, and not permanently residing in More...

A natural-born subject or citizen ; a denizen by birth; one who owes his domicile or citizenship to the fact of his birth within the country referred to. The term may also include one born abroad, if his parents were then citizens of the country, and not permanently residing in foreign parts. See U. S. v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct 456, 42 I* Ed. 890; New Hartford v. Canaan, 54 Conn. 39, 5 Atl. 360. Less...

Lat In old English law, a native; specifically, one born into a condition of servitude; a born serf or villein. -Nativa, A niefe or female villein. So called because for the most part bond by nativity. Co. Litt 1226.-Nativi conventional. Villeins or bondmen by contract or agreement- Nativi de stipite. More...

Lat In old English law, a native; specifically, one born into a condition of servitude; a born serf or villein. -Nativa, A niefe or female villein. So called because for the most part bond by nativity. Co. Litt 1226.-Nativi conventional. Villeins or bondmen by contract or agreement- Nativi de stipite. Villeins or bondmen by birth or stock. Cowell.-Nativitas. Villenage ; that state in which men were born slaves. 2 Mon. Angl. 643.-Nativo habendo. A writ which lay for a lord when his villein had run away from him. It was directed to the sheriff; and commanded him to apprehend the villein, and to restore him together with his goods to the lord. Brown. Natura appetit perf actum; ita et lex. Nature covets perfection; so does law also. Hob. 144. Less...

The name of an ancient collection of original writs, accompanied with brief comments and explanations, compiled in the time of Edward IIL This is commonly called "Old Natura Brevium," (or "O. N. B.,") to distinguish it from Fitzher-bert's Natura Brevium, a later work, cited as "P. N. B.," or "Fitzh. More...

The name of an ancient collection of original writs, accompanied with brief comments and explanations, compiled in the time of Edward IIL This is commonly called "Old Natura Brevium," (or "O. N. B.,") to distinguish it from Fitzher-bert's Natura Brevium, a later work, cited as "P. N. B.," or "Fitzh. Nat Brev." Natura fide jussionis sit strietissimi juris et non dnrat vel extendatur da re ad rem, da persona ad personam, de tempore ad tempns. The nature of the contract of suretyship is strictissimi juris. and cannot endure nor be extended from thing to thing, from person to person, or from time to time. Burge, Sur. 40. Natura non faoit saltnm; ita neo lea. Nature makes no leap, [no sudden or irregular movement;] so neither does law. Co. Litt 23a Applied in old practice to the regular observance of the degrees in writs of entry, which could not be passed over per saltum. Natura non faoit vaennm, nee lea sn-pervaennm. Nature makes no vacuum, the law nothing purposeless. Co. Litt 79. Natura vis maxima; natnra bis maxima. The force of nature is greatest; nature is doubly great 2 Inst. 564. Less...

The juristic meaning of this term- does not differ from the vernacular, except in the cases where it is used in opposition to the term "legal;" and then it means proceeding from or determined - by physical causes or conditions, as distinguished from positive enactments of law, or attributable to More...

The juristic meaning of this term- does not differ from the vernacular, except in the cases where it is used in opposition to the term "legal;" and then it means proceeding from or determined - by physical causes or conditions, as distinguished from positive enactments of law, or attributable to the nature of man rather than to the commands of law, or based upon moral rather than legal considerations or sanctions. -Natural affection. Such as naturally sub* sists between .near relatives, as a father and child, brother and sister, husband and wife. This is regarded in law as a good consideration.-Natural-born subject. In English law. One born within the dominions, or rather within the allegiance, of the king of England.- Natural fool. A person born without understanding; a born fool or idiot Sometimes called, in the old books, a "natural." In re Anderson, 132 N. C 243, 43 S. E. 649.-Natural life. The period between birth and natural death, as distinguished from civil death, (q. v.) As to natural "Allegiance," "Boundary," "Channel," "Child," "Day," "Death," "Domicile," "Equity," "Fruits," "Guardian," "Heir," "Infancy," "Liberty," "Obligation," "Person," "Possession," "Presumption," "Rights," "Succession," "Water-course," and "Year," see those titles Less...

In Spanish law. The state, of a natural-born subject White, New Recop. b. 1, tit. 5, c. 2.

In Spanish law. The state, of a natural-born subject White, New Recop. b. 1, tit. 5, c. 2. Less...