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Rights

legal, law, remedy and action

RIGHTS, LegaL Bouvier says legal rights 'are those where the party has the legal title to a thing; and in that case his remedy for an infringement of it is by an action in a court of law. Although the person holding the legal' title may have no actual interest, but hold only' as trustee, the suit may be in his name, and not, in general, in that of the testa'. vie trust." Legal rights are those which permit a capacity to reside in one man to control 'with the assistance of the State, the action of others." They are the. rights which can be enforced in a civil action. A universally accepted judicial decision says: (The very idea of legal right is, that it is one which is enforced and protected by the law, and as this can only be done by the remedy, the coercive means, whatever they may be, which the law affords for that purpose, it is plain that no one can have a legal right in that which another may take and apply to his use, and for doing so the law will find no redress." The term 'remedy,' in its comprehensive mean.' ing, is the "means employed to enforce a right or redress an injury, including not only alsm Son to court, but any other lawful mode of obtaining satisfaction.' A legal proverb rims 'no wrong without a remedy.* Thl assertion has been long held by jurists as nonimpugnable, and the claim remains that 'where the law recognizes a right it gives a remedy to enforce it or redress its violation.' By extension the

courts hold that 'right and remedy are re ciprocal.* And whether by common law or by statute such a right obtains it makes no thf ference. A distinguished authority says: 'When there is an invasion of primary rights, then and not till then, 'the adjective or remedial law becomes operative and under it arise rights of action.' The legal right to an action at law does not exist until there has been a wrong, a violation of a legal right.

Riolits OP MAN, Declaration of a famous statement of the constitution and principles of civil society and government adopted by the French National Assembly in August 1789. It suggested the title for Paine's defense of the French Revolution against Burke (1791-92) ; which was followed by Mary Woll stonecraft Godwin's (Vindication of the Rights of Women' (1798). In 1832 the Society of the Rights of Man was founded in Paris. Consult Aot, L, 'Rights of Man' (Boston 1901) ; and for the text of the French declaration, Robinson, J. H., in European Ifis (2 vols., New York 1903),