KFLCC Kingdom Law 2nd Ed.

702

LAW

LAW

fully warrant the appellation, but at the time of its introduction it was, as has been observ ed, the best form of the language spoken in Normandy. Burrill.—Law Latin. The cor rupt form of the Latin language employed in the old English law-books and legal proceed ings. It contained many barbarous words and combinations.—Law list. An annual English publication of a quasi official character, com prising various statistics of interest in connec tion with the legal profession. It includes (among other information) the following mat ters: A list of judges, queen's counsel, and Serjeants at law; the judges of the county courts; benchers of the inns of court; bar risters, in alphabetical order; the names of counsel practicing in the several circuits of England and Wales; London attorneys; coun try attorneys; officers of the courts of chan cery and common law; the magistrates and law officers of the city of London; the metro politan magistrates and police; recorders; coun" ty court officers and circuits; lord lieutenants and sheriffs; colonial judges and officers; pub lic notaries. Mozley & Whitley.—Law lords. Peers in the British parliament who have held high judicial office, or have been distinguished in the legal profession. Mozley & Whitley.— Law martial. See MARTIAL, LAW.—Law merchant. See MERCANTILE LAW.—Law of nat ions . See INTERNATIONAL LAW.—Law of nature. See NATURAL LAW.—Law of arms. That law which gives precepts and rules concerning war; how to make and ob serve leagues and truce, to punish offenders in the camp, and such like. Cowell; Blount. Now more commonly called the "law of war." —Law of citations. In Roman law. An act of Valentimanj passed A. D. 426, providing that the writings of only five jurists, viz., Pa pinian, Paul, Gaius, Ulpian, and Modestinus, should be quoted as authorities. The major ity was binding on the judge. If they were equally divided the opinion of Papinian was to prevail; and in such a case, if Papinian was silent upon the matter, then the judge was free to follow his own view of the matter. Brown. —Law of evidence. The aggregate of rules and principles regulating the admissibility, relevancy, and weight and sufficiency of evi dence in legal proceedings. See Ballinger's Ann. Codes & St. Or. 1901, § 678.—Law of marque. A sort of law of reprisal, which en titles him who has received any wrong from another and cannot get ordinary justice to take the shipping or goods of the wrong-doer, where he can find them within his own bounds or precincts, in satisfaction of the wrong. Cow ell ; Brown.—Laws of Oleron. See OLERON, LAWS OF.—Law of the case. A ruling or decision once made in a particular case by an appellate court, while it may be overruled in other cases, is binding and conclusive both up on the inferior court in any further steps or proceedings in the same litigation and upon ihe appellate court itself in any subsequent ap yeal or other proceeding for review. A ruling or decision so ma'de is said to be "the law of the case." See Hastings v. Foxworthy, 45 Neb, 676, 63 N. W. 955, 34 L. R. A. 321; Stan dard Sewing Mach. Co. v. Leslie, 118 Fed. 559, 55 C. C. A. 323; McKinney v. State, 117 Ind. 26. 19 N. E. 613; Wilson v. Binford, 81 Ind. 591.—Law of the flag. In maritime law. The law of that nation or country whose flag is flown by a particular vessel. A ship owner who sends his vessel into a foreign port gives notice by his flag to all who enter into contracts with the master that he intends the law of that flag to regulate such contracts, and that they must either submit to its operation or not contract with him. Ruhstrat v. People, 185 111. 133, 57 N. EL 41, 49 L. R. A. 181, 76 Am. St. Rep. 30.—Law of the land. Due pitocess of law, (g. v.) By the law of the land is most clearly intended the general law which

hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial. The meaning is that every citizen shall hold his life, liberty, property, and immunities under the protection of general rules which govern society. Everything which may pass under the form of an enactment is not the law of the land. Sedg. St. & Const Law, (2d Ed.) 475. When first used in Magna Charta, the phrase "the law of the land" probably meant the established law of the kingdom, in opposition to the civil or Roman law, which was about being introduced. It is now generally regard ed as meaning general public laws binding on all members of the community, in contra distinction from partial or private laws. Janes v. Reynolds, 2 Tex. 251; State v. Burnett, 6 Heisk. (Tenn.) 186. It means due process of law warranted by the constitution, by the com mon law adopted by the constitution, or by statutes passed in pursuance of the constitu tion. Mayo v. Wilson, 1 N. H. 53.—Law of the road. A general custom in America (made obligatory by statute in some states) for pedestrians and vehicles, when meeting in a street or road, to turn to the right in order to avoid danger of collision. See Riepe v. Elt ing, 89 Iowa, 82, 56 N. W. 285, 26 L. R. A. 769, 48 Am. St. Rep. 356; Wright v. Fleisch man, 41 Misc. Rep 533, 85 N. Y. Supp. 62; Decatur v. Stoops, 21 Ind. App. 397, 52 N. E. 623.—Law of the staple. Law administered in the court of the mayor of the staple; the law-merchant. 4 Inst. 235. See STAPLE.— Laws of war. This term denotes a branch or public international law, and comprises the body of rules and principles observed by civiliz ed nations for the regulation of matters in herent in, or incidental to, the conduct of a public war; such, for example, as the relations of neutrals and belligerents, blockades, cap tures, prizes, truces and armistices, capitula tions, prisoners, and declarations of war and peace.—Laws of Wishy. See WISBT, LAWS OF.—Law reports. Published volumes con taining the reports of cases argued and adjudg ed in the courts of law.—Law spiritual. The ecclesiastical law, or law Christian. Co. Litt 344.—Law worthy. Being entitled to, or hav ing the benefit and protection of, the law.— Local law. A law which, instead of relating to and binding all persons, corporations, or in stitutions to which it may be applicable, within the whole territorial jurisdiction of the law making power, is limited in its operation to certain districts of such territory or to certain individual persons or corporatioiis. See GENER AL LAW.—Personal law, as opposed to terri torial law, is the law applicable to persons not subject to the law of the territory in which they reside. It is only by permission of the territorial law that personal law can exist at the present day; e. g., it applies to British subjects resident in the Levant and in other Mohammedan and barbarous countries. Un der the Roman Empire, it had a very wide ap plication. Brown. As to the different kinds of law, or law regarded In its different aspects, see ADJEC TIVE LAW; ADMINISTRATIVE LAW; BANK RUPTCY LAW; CANON LAW; CASE LAW; CIV IL LAW; COMMERCIAL LAW; COMMON LAW; CONSTITUTIONAL LAW; CRIMINAL LAW; FOREST LAW; INTERNATIONAL LAW; MARI TIME LAW; MARTIAL LAW; MERCANTILE LAW; MILITARY LAW; MORAL LAW; MU NICIPAL LAW; NATURAL LAW; ORGANIC LAW; PARLIAMENTARY LAW; PENAL LAW; POSITIVE LAW; PRIVATE LAW; PUBLIC LAW; RETRO SPECTIVE LAW; REVENUE LAW; ROMAN LAW; SUBSTANTIVE LAW; WRITTEN LAW.