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Dereliction of duty is a specific offense under United States Code Title 10, Section 892, Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties (or follow a given order) or has incapacitated himself in such a way that he cannot perform his duties. Such ...
Derogation is a legal term of art, [1] [2] which allows for part or all of a provision in a legal measure to be applied differently, or not at all, in certain cases. [3] The term is also used in Catholic canon law, [4] [full citation needed] and in this context differs from dispensation in that it applies to the law, whereas dispensation applies to specific people affected by the law.
In public law, abrogation is the proposing away of a right, power or value, by a public body in delegating power or failing to carry out a responsibility or duty. [1] [2] The abrogation of such a responsibility or duty, unless required by primary legislation [3] would amount to an unconstitutional delegation of power to a foreign government or other sovereign power.
In civil law, obrogation (Latin: obrogat [1] from obrogare [2]) is the modification or repeal of a law in whole or in part by issuing a new law. [3] [4] [5]In canon law, of the Catholic Church, obrogation is the enacting of a contrary law that is a revocation of a previous law; [6] it may also be the partial cancellation or amendment of a law, decree, or legal regulation by the imposition of a ...
There is a wide range of legal immunities that may be invoked in the name of the right to rule. In international law, immunities may be created when states assert powers of derogation, as is permitted, for example, from the European Convention on Human Rights "in times of war or other public emergency." Equally familiar examples include the ...
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. [2] Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.
A writ of mandamus (/ m æ n ˈ d eɪ m ə s /; lit. ' 'we command' ') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing.
Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the court to follow it.