Philosophy

My philosophy is simple, its somewhere in here:

Abate. To quash, beat down, destroy. That of abating a writ or action - its overthrow or defeat by some fatal exception to it. Abatement. Demolition, destruction, diminution, removal, suspension. In equity practice, a suspension of proceedings in a suit from want of parties capable of proceeding therein. Abatement of a writ. Quashing or setting it aside on account of some fatal defect in it.1 A plea in abatement is one mode. Sometimes it is the duty of the court to abate a writ ex oficio. Where the writ is a nullity, so that judgment thereon would be incurably erroneous, it is de facto abated.2 Plea in abatement. Matter of defense which defeats an action for the present, because of a defect in the writ or declaration.3 Because they are dilatory, pleas in abatement are not favored. Each plea must give a better writ, i.e., show how the writ may be amended. 1 3 Blackstone's Commentaries 168, 302. 2 Case v. Humphrey, 6 Conn. 140 (1826) 3 3 Bl. Com. 302, See also Steph. Plead. 47; Gould Plead. 235. Ab initio. From the beginning. From the inception. Act of God. Such inevitable accident as cannot be prevented by human care, skill or foresight; but results from natural causes, such as lightning and tempest, floods and foundation. Something superhuman, or something in opposition to the act of man. Actio. Latin. A doing, performing: an action, or right of action. Non oritur actio, ex dolo malo. A right of action does not arise out of a fraud. Non oritur actio, ex nudo pacto. A right of action does not arise out of an engagement without a consideration. Non oritur actio, ex pacto illicito. A right of action does not arise upon an unlawful agreement. Non oritur actio, ex turpi causa. A right of action does not arise out of an immoral cause. Non oritur actio, ex turpi contractu. A right of action does not arise out of an immoral contract. Action. 2. "The lawful demand of one's right"1 - in a court of justice.2 Common law action. An action maintainable at common law. Statutory action. Such form of action as is given by legislative enactment. 1 3 Bl. Com. 116. 2 McBride's Appeal, 72 Pa. 483 (1873). Action in personam. An action against the person. Action in rem. An action against a thing - an inanimate object out of which satisfaction is sought. See Res, 2. Actori incumbit probatio. On the plaintiff rests the proving - the "burden of proof". Actus Doi nomini facit injuriam. An act of God does wrong to no one. No one is responsible in damages for the result of an inevitable accident. Actus logis nomini faeit injuriam. An act of the law wrongs no man. An act of the law is to be so limited in its operations that no right shall be prejudiced.1 1 2 Bl. Com. 123; 69 Ga. 400; Broom, Max. 127, 409. Actus non facit reum, nisi mens sit rea. An act does not make a man a criminal, unless his intention be criminal. To constitute a crime the intent and the act must concur; a mere overt act, without wrongful intention, does not make guilt.1 1 4 Bl. Com. 2, 21; 4 N.Y. 159, 163,195; Broom Max. 307. Address. 2. The name and residence of the drawee in a bill of exchange. See Protest, 2. Ad pios usus. For religious purposes. Adult. Latin adultus, grown up. A person twenty-one or more years of age. Affiliation. Judicial determination of paternity - that a man is the father of a bastard. See Filius. Alien. Latin alienus, strange, a stranger. 1, noun. One born in a strange country under obedience to a strange prince, or out of the liegeance of the king. One born out of the king's dominion or allegiance.1 In California a "non-resident alien" who may take by succession is one who is neither a citizen of the United States nor a resident of that State. [Editor's note: A Christian is born of the King of Kings and of His dominion and allegiance; not owing any allegiance to the 'prince' of this world, or to the United States, or to any State unless he voluntarily revokes his allegiance to God. Concurrently, all Christians are 'non- resident aliens' to each State (not state) and to the United States (not the united states) which are public corporations conceived under corporate laws made by man. A Christian pays no 'homage' nor is He 'tied' or 'bound' to any man; but only to Jesus, the Christ, and His Law and His government.] 1 1 Bl. Com. 373. Allegiance. French a-legiance, homage. Latin ad-ligare, to tie, bind. The tie, or ligamen, which binds the subject to the king in return for that protection which the king affords the subject.1 Natural allegiance. Such allegiance as is due from all men born within the king's dominions, immediately upon their birth. Also called absolute or permanent allegiance. At common law natural allegiance could not be removed except by permission of the sovereign to whom it was due.2 This was changed by the act of Congress of July 27, 1868,3 and I bet your not reading this by statute of 33 Viet. c. 14, May 10, 1870. 1 1 Bl. Com. 366-69; 20 Johns 191-92. 2 1 Bl. Com. 369; 2 Kent 419; 8 Op. Att.-Gen. 139; 9 id. 356. 3 Revised Statutes � 1999. Allodial.6 From the low Latin allodium: every man's own land, which he possesses in his own right, without owing any rent or service to a superior - property, in the highest degree. Opposed, feodum, a fee.7 Wholly independent, and held of no superior.8 Held in free and absolute ownership.9 "All lands . . are declared to be allodial, and feudal tenures are prohibited" - constitution of Wisconsin. This means little more than if the framers had said "free" or "held in free and absolute ownership", as contradistinguished from feudal tenures, the prohibition of which, with their servitudes and attendant hindrances to free and ready transfer of realty, constituted the chief object of the provision.10 See Fee, 1(1); Tenure, 1. 6 Ger. al-�d, all one's own: the whole estate. -Skeat. 7 2 Blackstone's Commentaries 105. 8 2 Bl. Comm. 47, 60. 9 3 Kent, 485, 488, 498. 10 Barker v. Dayton, 28 Wis. 384 (1871), Dixon, C.J. See 1 Washb. R. P. 16, 41; 9 Cow. 513. Ambassador. See Minister, 3. Amicus curi�. A friend of the court. Imports friendly intervention of counsel to remind the court of some matter of law which has escaped its notice and in regard to which it appears to be in danger of going wrong. It is not his function to take upon himself the management of a cause.1 1 Taft v. Northern Transp. Co., 56 N.H. 416 (1876), Cushing, C.J. Anno Domini. In the year of our Lord. Abbreviated A. D. See Abbreviations; Year. Atheist. One who disbelieves in the existance of a God who is the rewarder of truth and the avenger of falsehood.4 See infidel; Oath; Religion. 4 Commonwealth v. Hills, 10 Cush. 532 (1852), Dewey, J.