Showing posts with label Legal Definitions. Show all posts
Showing posts with label Legal Definitions. Show all posts

Saturday, April 7, 2007

Primer of Necessary Definitions--of me and of Law

Unless otherwise stated, all definitions are from Black's Law Dictionary, Eighth Edition, edited by Bryan A. Garner.

That opening line should tell you something about me.

Most people own a Webster's Dictionary. I own a well-used, often-referred-to Black's Law Dictionary. No, I'm not an attorney.

I am, however, a paralegal with a certification equal to a Master's Degree, will be starting on my certification equal to a Ph.D in two weeks (by the way, our certification classes last 5 months, in which we cram six years of study--definitely not for the faint-hearted; further, only 10% pass their certifications on the first try--I am part of that 10%).

I am also the niece of a retired Federal Judge and a cousin to a Brig. General (Army, Ret.).

I have hung up on judges who copped an attitude, usually after laughing at them. I have stood toe to toe with armed officers and told them to get the hell out of my way and change their attitude or they will not receive the information they need. I have looked down the barrel of a .38 loaded with wadcutters, lived to tell about it and prosecuted that criminal to a term of four consecutive life terms. I also drove a cab in Vegas for close to four years, had gang members as regular passengers--gang members who operated by MY rules in MY cab--and earned their respect and free passage through their territory.

I have suffered radiation poisoning while working for my father--after he ticked off the government. That radiation poisoning took years from my life, but I'm here. My father is not.

Threats don't work with me; nor do orders. If you want something from me, you ASK me--NICELY.

In short, I don't tolerate fools, imbeciles, idiots, boneheads, milquetoasts, lunatics, moonbats, or blathering, slavering, rabid dogs (leftists).

I don't tolerate those that cannot make a point, argue in a circular fashion with no sense of logic, or blindly repeat propaganda they've been brainwashed with. They are beneath me in the food chain and in life. Nor will I rise to any bait they may throw in my path.

They aren't worth my time, my energy or my superior intellect.

People who suffer from delusions, whether it be of purple skys with cotton candy pink clouds, utopian societies based on Marx, Stalin or Lenin, delusions that terrorists are our friends and we can talk to them and negotiate peacefully or delusions they are God, ruler of all, need to be locked up for their own safety and that of society.

Their particular brand of poison is akin to a festering pustule on the ass of society, just waiting to burst and spread their infection in all directions. Such is the current state of the RNC/GOP Blog.

Which brings me to these interesting definitions derived from Black's (17 words, not such big words, after all). All--ALL--well versed, true blue, Patriotic Americans should KNOW these terms, backward and forward. For the sake of brevity, these definitions have been confined to the main definition. For those that don't and want to have them on hand, feel free to cut and paste.

1). Accessory: n. 1. Something of secondary or subordinate importance. 2. Criminal Law. A person who aids or contributes in the commission or concealment of a crime. An accessory is usually liable only if the crime is a felony. Cf. PRINCIPAL (2). [Cases: Criminal Law key 68-77; Homicide key 573. C.J.S. Criminal Law sections 137-142]--accessory, adj; accessoryship, n.

2). Ambassador: 1. A diplomatic officer of the highest rank, usually designated by a government as its resident representative in a foreign state. Ambassadors represent the sovereign as well as the nation and enjoy many privileges while abroad in their official capacity, including immunity. Ambassadors are distinguished from ministers and envoys, who represent only the state where they are from and not the sovereign. Ambassadors are also generally distinguished from certain legates who have only ecclesiastical authority. But the papal nuncio and some legates, such as the legate a latere, bear the rank of ambassador. See NUNCIO; LEGATE. [Cases: Ambassadors and Consuls sections 2-32.] 2. A representative appointed by another. 3. An unofficial or nonappointed representative.

3). Bribery: n. The corrupt payment, receipt or solicitation of a private favor for official action. Bribery is a felony in most jurisdictions. See Model Penal Code Section 240.1. Cf. KICKBACK. [Cases: Bribery key 1. C.J.S. Bribery sections 2-3, 5-8, 10-11.]--bribe, vb.

4). Constitution: 1. The fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties. [Cases: Constitutional Law key 1.1.] 2. The written instrument embodying this fundamental law, together with any formal amendments.

5). Diplomacy: n. Int'l law. 1. The art and practice of conducting negotiations between national governments.
Open Diplomacy: Diplomacy carried on with free access to interested observers and members of the press.

Parliamentary Diplomacy: The negotiations and discussions carried out in international organizations according to their rules of procedure.

Secret Diplomacy: Diplomacy carried on behind closed doors. Also termed quiet diplomacy.

Shuttle Diplomacy: Diplomatic negotiations assisted by emissaries, who travel back and forth between negotiating countries. In legal contexts, the term usually refers to a similar approach used by a mediator in negotiating the settlement of a lawsuit. The mediator travels back and forth between different rooms, one of which is assigned to each side's decision-makers and counsel. The mediator relays offers and demands between the rooms and, by conferring with the parties about their positions and about the uncertainty of litigation, seeks to reach an agreed resolution of the case. The mediator does not bring the parties together in the same room.

2. Loosely, foreign policy. 3. The collective functions performed by a diplomat. diplomatic, adj; diplomat, n.

6). Hudna: Arabic word often translated as "cease-fire.- Historically used as a tactic aimed at allowing the party declaring the hudna to regroup while tricking an enemy into lowering its guard. When the hudna expires, the party that declared it is stronger and the enemy weaker. The term comes from the story of the Muslim conquest of Mecca. Instead of a rapid victory, Muhammad made a ten-year treaty with the Kuraysh tribe. In 628 AD, after only two years of the ten-year treaty, Muhammad and his forces concluded that the Kuraysh were too weak to resist. The Muslims broke the treaty and took over all of Mecca without opposition. (Definition provided by The Israel Project; http://www.theisraelproject.org/site/apps/nl/content2.asp?c=hsJPK0PIJpH&b=886017&ct=1181591)

7). Injurious Falsehood: 1. DISPARAGEMENT (3). 2. TRADE DISPARAGEMENT.

8). Libel: vb. 1. To defame (someone) in a permanent medium, especially in writing. [Cases: Libel and Slander key 1, 25 C.J.S. Libel and Slander; Injurious Falsehood sections 2, 5-6, 10, 47-52.] 2. History Maritime Law. To sue in admiralty or ecclesiastical court. This use of the term was eliminated with the merging of the Admiralty Rules into the Federal Rules of Civil Procedure in 1986.

9). Misprision of Treason: Concealment or nondisclosure of someone else's treason.

10). Positive Misprision: The active commission of a wrongful act .

11). President: n. 1. The chief political executive of a government; the head of state. [Cases: United States key 26. C.J.S. United States sections 45-47.] 2. The chief executive officer of a corporation or other organization. 3. CHAIR (1) 4. See CHAIR (3). See (in senses 3 & 4) presiding officer (3) under OFFICER (2); presidential, adj.

12). Secretary of State: 1. The member of the President's cabinet who heads the U.S. Department of State. The Secretary is the first-ranking member of the cabinet and is also a member of the National Security Council. He or she is fourth in line of succession to the presidency after the Vice President, the Speaker of the House, and the President pro tempore of the Senate. [Cases: United States key 40. C.J.S. United States sections 58-60.] 2. A state government official who is responsible for the licensing and incorporation of businesses, the administration of elections, and other formal duties. The secretary of state is elected in some states and appointed in others.

13). Sedition: n. 1. An agreement, communication, or other preliminary activity aimed at inciting treason or some lesser commotion against the public authority. 2. Advocacy aimed at inciting or producing--and likely to incite or produce--imminent lawless action. At common law, sedition included defaming a member of the royal family or the government. The difference between sedition and treason is that the former is committed by preliminary steps, while the latter entails some overt act for carrying out the plan. But of course, if the plan is merely for some small commotion, even accomplishing the plan does not amount to treason. Cf. TREASON. [Cases: Insurrection and Sedition key 1. C.J.S. Riot; Insurrection section 29.]; seditious, adj.

14). Slander: n. 1. A defamatory assertion expressed in a transitory form, especially speech. Damages for slander--unlike those for libel--are not presumed and thus must be proved by the plaintiff (unless the defamation is slander per se). [Cases: Libel and Slander key 1, 24. C.J.S. Libel and Slander; Injurious Falsehood sections 2, 5-6, 10, 47.] 2. The act of making such a statement. See DEFAMATION. Cf. LIBEL--slander, vb.; slanderous, adj.

15). Speaker of House: [Speaker] 1. One who makes a speech . 2. The presiding officer of a large deliberative assembly, especially a legislature's more numerous house, such as the House of Representatives . See CHAIR (1). [Cases: United States key 7.1. C.J.S. United States section 16.]

16). Subversion: The process of overthrowing, destroying or corrupting .

17). Treason: n. The offense of attempting to overthrow the government of the state to which one owes allegiance, either by making war against the state or by materially supporting its enemies.--Also termed high treason; alto proditio. Cf. SEDITION. [Cases: Treason key 1. C.J.S. Treason sections 2-3, 5.]--treasonable, treasonous, adj.

Jimmy Carter; Howard Dean; Bob Jefferson; John Kerry; John Murtha; Nancy Pelosi --ALL are guilty of one or more, or a combination thereof, of the above definitions.

RNC/GOP Blog--guilty as an accessory of allowing slander upon their blog without monitoring their site. Good thing we have records of it.

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My Favorite Speeches and Other Items of Interest

  • George Bush's March 28, 2007 Discusses Economy, War on Terror During Remarks to the National Cattlemen's Beef Association;http://www.whitehouse.gov/news/releases/2007/03/20070328-2.html
  • Mitch McConnell's March 15, 2007 Funding For Troops, Not Timelines for Retreat; http://mcconnell.senate.gov/record.cfm?id=270747&start=1
  • Ronald Reagan's June 12, 1987 Tear Down This Wall Speech; http://www.reaganfoundation.org/reagan/speeches/wall.asp
  • Vice President Cheney's March 12, 2007 Remarks at the AIPAC 2007 Policy Conference; http://www.whitehouse.gov/news/releases/2007/03/20070312.html

Winston Churchill Quotes

  • A prisoner of war is a man who tries to kill you and fails, and then asks you not to kill him.
  • Although personally I am quite content with existing explosives, I feel we must not stand in the path of improvement.
  • Although prepared for martyrdom, I preferred that it be postponed.
  • Attitude is a little thing that makes a big difference.
  • Battles are won by slaughter and maneuver. The greater the general, the more he contributes in maneuver, the less he demands in slaughter.
  • Danger - if you meet it promptly and without flinching - you will reduce the danger by half. Never run away from anything. Never!
  • I always seem to get inspiration and renewed vitality by contact with this great novel land of yours which sticks up out of the Atlantic.
  • I am an optimist. It does not seem too much use being anything else.
  • I have nothing to offer but blood, toil, tears and sweat.
  • I like a man who grins when he fights.
  • I was only the servant of my country and had I, at any moment, failed to express her unflinching resolve to fight and conquer, I should at once have been rightly cast aside.
  • If you have an important point to make, don't try to be subtle or clever. Use a pile driver. Hit the point once. Then come back and hit it again. Then hit it a third time-a tremendous whack.
  • In war as in life, it is often necessary when some cherished scheme has failed, to take up the best alternative open, and if so, it is folly not to work for it with all your might.
  • It is no use saying, 'We are doing our best.' You have got to succeed in doing what is necessary.
  • Moral of the Work. In war: resolution. In defeat: defiance. In victory: magnanimity. In peace: goodwill.
  • Never in the field of human conflict was so much owed by so many to so few.
  • Never, never, never give up.
  • No folly is more costly than the folly of intolerant idealism.
  • One ought never to turn one's back on a threatened danger and try to run away from it. If you do that, you will double the danger. But if you meet it promptly and without flinching, you will reduce the danger by half. Never run away from anything. Never!
  • Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.
  • Success is not final, failure is not fatal: it is the courage to continue that counts.
  • The first quality that is needed is audacity.
  • The nose of the bulldog has been slanted backwards so that he can breathe without letting go.
  • The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.
  • There is no such thing as public opinion. There is only published opinion.
  • These are not dark days: these are great days - the greatest days our country has ever lived.
  • They are decided only to be undecided, resolved to be irresolute, adamant for drift, solid for fluidity, all-powerful to be impotent.
  • True genius resides in the capacity for evaluation of uncertain, hazardous, and conflicting information.
  • Victory at all costs, victory in spite of all terror, victory however long and hard the road may be; for without victory, there is no survival.
  • War is a game that is played with a smile. If you can't smile, grin. If you can't grin, keep out of the way till you can.
  • War is mainly a catalogue of blunders.
  • We shall defend our island, whatever the cost may be, we shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender.
  • We shall draw from the heart of suffering itself the means of inspiration and survival.
  • When the eagles are silent the parrots begin to jabber.
  • When you are winning a war almost everything that happens can be claimed to be right and wise.
  • You have enemies? Good. That means you've stood up for something, sometime in your life.

Ronald Reagan Quotes

  • "The trouble with our liberal friends is not that they're ignorant: It's just that they know so much that isn't so."
  • Above all, we must realize that no arsenal, or no weapon in the arsenals of the world, is so formidable as the will and moral courage of free men and women. It is a weapon our adversaries in today's world do not have.
  • All the waste in a year from a nuclear power plant can be stored under a desk.
  • Approximately 80% of our air pollution stems from hydrocarbons released by vegetation, so let's not go overboard in setting and enforcing tough emission standards from man-made sources
  • Come here to this gate! Mr. Gorbachev, open this gate! Mr. Gorbachev, tear down this wall!
  • Concentrated power has always been the enemy of liberty.
  • Double, no triple, our troubles and we'd still be better off than any other people on earth. It is time that we recognized that ours was, in truth, a noble cause.
  • Facts are stupid things.
  • Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.
  • Freedom prospers when religion is vibrant and the rule of law under God is acknowledged.
  • Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves.
  • Governments tend not to solve problems, only to rearrange them.
  • History teaches that war begins when governments believe the price of aggression is cheap.
  • How can a president not be an actor?
  • How do you tell a communist? Well, it's someone who reads Marx and Lenin. And how do you tell an anti-Communist? It's someone who understands Marx and Lenin.
  • I have wondered at times what the Ten Commandments would have looked like if Moses had run them through the US Congress.
  • I will stand on, and continue to use, the figures I have used, because I believe they are correct. Now, I'm not going to deny that you don't now and then slip up on something; no one bats a thousand.
  • In Israel, free men and women are every day demonstrating the power of courage and faith. Back in 1948 when Israel was founded, pundits claimed the new country could never survive. Today, no one questions that. Israel is a land of stability and democracy in a region of tryanny and unrest.
  • Let us ask ourselves; "What kind of people do we think we are?".
  • Man is not free unless government is limited.
  • My philosophy of life is that if we make up our mind what we are going to make of our lives, then work hard toward that goal, we never lose - somehow we win out.
  • No mother would ever willingly sacrifice her sons for territorial gain, for economic advantage, for ideology.
  • Of the four wars in my lifetime, none came about because the U.S. was too strong.
  • Our forbearance should never be misunderstood. Our reluctance for conflict should not be misjudged as a failure of will. When action is required to preserve our national security, we will act.
  • Protecting the rights of even the least individual among us is basically the only excuse the government has for even existing.
  • Some people wonder all their lives if they've made a difference. The Marines don't have that problem.
  • The ultimate determinant in the struggle now going on for the world will not be bombs and rockets but a test of wills and ideas - a trial of spiritual resolve: the values we hold, the beliefs we cherish and the ideals to which we are dedicated.
  • The United Sates has much to offer the third world war.
  • There are no easy answers' but there are simple answers. We must have the courage to do what we know is morally right.
  • To paraphrase Winston Churchill, I did not take the oath I have just taken with the intention of presiding over the dissolution of the world's strongest economy.
  • Today we did what we had to do. They counted on America to be passive. They counted wrong.
  • We are never defeated unless we give up on God.
  • We have the duty to protect the life of an unborn child.
  • We must reject the idea that every time a law's broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.
  • We will always remember. We will always be proud. We will always be prepared, so we will always be free.
  • Within the covers of the Bible are the answers for all the problems men face.
  • You know, if I listened to Michael Dukakis long enough, I would be convinced we're in an economic downturn and people are homeless and going without food and medical attention and that we've got to do something about the unemployed.

Eleanor Roosevelt Quotes

  • No one can make you feel inferior without your consent

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