1 color of law"LAW.COM Dictionary":
n. the appearance of an act being performed based upon legal right or enforcement of statute, when in reality no such right exists. An outstanding example is found in the civil rights acts which penalize law enforcement officers for violating civil rights by making arrests "under color of law" of peaceful protesters or to disrupt voter registration. It could apply to phony traffic arrests in order to raise revenue from fines or extort payoffs to forget the ticket.
2 color of law
3 color of lawЮридический термин: видимость наличия законного права
5 Color"Legal Lexicon":
COLOR - A wrong committed by an officer under the pretended authority of his office; in some cases the act amounts to a misdemeanor, and the party may then be indicted. In other cases, the remedy to redress the wrong is by an action. For example Section 1983, et sec. civil rights actions often include allegations that the defendants were acting under color of state law.
Pleading. It is of two kinds, namely, express color and implied color.
Express Color. This is defined to be a feigned matter, pleaded by the defendant, in an action of trespass, from which the plaintiff seems to have a good cause of action, whereas he has in truth only an appearance or color of cause. The practice of giving express color in pleas, obtained in the mixed actions of assize, the writ of entry in the nature of assize, as well as in the personal action of trespass.
It is a general rule in pleading that no man shall be allowed to plead specially such plea as amounts to the general issue, or a total denial of the charges contained in the declaration and must in such cases plead the general issue in terms by which the whole question is referred to the jury; yet, if the defendant in an action of trespass be desirous to refer the validity of his title to the court, rather than to the jury, he may in his plea stated his title specially, by expressly giving color of title to the plaintiff, or supposing him to have an appearance of title had indeed in point of law, but of which the jury are not competent judges.
Suppose, for example, that the plaintiff was in wrongful possession of the close, without any further appearance of title than the possession itself, at the time of the trespass alleged, and that the defendants entered upon him in assertion of their title; but being unable to set forth this title in the pleading in consequence of the objection that would arise for want of color, are driven to plead the general issue of not guilty.
By this plea an issue is produced whether the defendants are guilty or not of the trespass; but upon the trial of the issue, it will be found that the question turns entirely upon a construction of law. The defendants say they are not guilty of the trespasses because they are not guilty of breaking the close of the plaintiff as alleged in the declaration; and that they are not guilty of breaking the close of the plaintiff because they themselves had the property in that close; and their title is this; that the father of one of the defendants being seised of the close in fee, gave it in tail to his eldest son, remainder in tail to one of the defendants; the eldest son was disseised, but made continual claim till the death of the disseisor; after whose death, the descent being cast upon the heir, the disseisee entered upon the heir and afterwards died, when the remainder took effect in the said defendant who demised to the other defendant.
Now, this title involves a legal question; namely, whether continual claim will no preserve the right of entry in the disseisee, notwithstanding a descent cast on the heir of the disseisor. The issue however is merely not guilty, and this is triable by jury; and the effect, therefore, would be that a jury would have to decide this question of law, subject to the direction upon it which they would receive from the court. But let it be supposed that the defendants, in a view to the more satisfactory decision of the question, wish to bring it under the consideration of the court in bank rather than have it referred to a jury. If they have any means of setting forth their title specially in the plea the object will be attained; for then the plaintiff, if disposed to question the sufficiently of the title, may demur to the plea and thus refer the question to the decision of the judges. But such plea if pleaded simply, according to the state of the fact, would be informal for want of color and hence arises a difficulty.
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6 colorоманна зовнішність; видимість; видимість наявності права; привід; симуляціяcolor of authority
- color of law
- color of office
- color of title
7 color of title"LAW.COM Dictionary":
n. the appearance of having title to personal or real property by some evidence, but in reality there is either no title or a vital defect in the title. One might show a title document to real property, but in reality he/she may have deeded the property to another; a patent to an invention may have passed to the inventor's widow, who sells the rights to one party and then, using the original patent documents, sells the patent to a second party based on this "color of title."
8 color barрасовий бар'єр, дискримінація за кольором шкіри
9 color of authority
10 color of office
11 color of titleвидимість наявності правового титулу; мнима правопідстава; уявність правопідстави
12 colour= color
Look at other dictionaries:
color of law — n. The appearance of legal authority without the substance; something that appears to have the authority of law but in fact does not. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.… … Law dictionary
color of law — The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under color of state law. Atkins v … Black's law dictionary
color of law — noun a mere semblance of legal right; something done with the apparent authority of law but actually in contravention of law the plaintiff claimed that under color of law the officer had deprived him of his civil rights • Syn: ↑colour of law •… … Useful english dictionary
color of law — Mere semblance of a legal right. State ex rel. West v Des Moines, 96 Iowa 521, 65 NW 818 … Ballentine's law dictionary
under color of law — >> color of law Webster s New World Law Dictionary. Susan Ellis Wild. 2000 … Law dictionary
under color of law — See color of law … Black's law dictionary
color — col·or n: a legal claim to or appearance of a right or authority threats that gave color to an act of self defense usu. used in the phrase under color of a police officer held liable for violating the plaintiff s civil rights under color of state … Law dictionary
color of title — 1: an apparent but invalid title based upon a written instrument or record; also: the instrument itself 2: an apparent ownership claimed by adverse possession Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary
law — / lȯ/ n [Old English lagu, of Scandinavian origin] 1: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority: as a: a command or provision enacted by a legislature see also statute 1 b:… … Law dictionary
color of office — color of of·fice: the pretense or appearance of official authority in one who is without the authority claimed Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. color of office … Law dictionary
color of authority — That semblance or presumption of authority sustaining the acts of a public officer which is derived from his apparent title to the office or from a writ or other process in his hands apparently valid and regular. See color of law color of office … Black's law dictionary