Laurel

law, statute and pa

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Municipal law is a system of law proper to any single state, nation, or community. See MUNICIPAL LAW.

A penal law is one which inflicts a penalty for its violation.

Positive law is the system naturally es tablished by a community, ih distinction from natural law. See POSITIVE LAW.

Private law is a term used to indicate a statute which relates to private matters which do not concern the public at large.

A prospective law or statute is one which applies only to cases arising after its enact ment, and does not affect that which is al ready past.

A public law is one which affects the pub lic, either generally or in some classes.

A retrospective law or statute is one that turns backward to alter that which is past or to affect men in relation to their conduct before its enactment. These are also called retroactive laws. In general, whenever a re troactive statute would take away vested rights or impair the obligation of contracts, it is in so far void, because opposed to the constitution of the United. States ; Calder v. Bull, 3 Dail. (U. S.) 391, 1 L. Ed. 648. But laws which only vary the remedies, or mere ly cure a defect in proceedings otherwise fair; are valid; Underwood v. Lilly, 10 S. &

R. (Pa.) 102 ; Wilkinson v. Leland, 2 Pet. (U. S.) 627, 7 L. Ed. 542; Charles. River Bridge v. Warren Bridge, 11 Pet. (U. S.) 420, 9 L. Ed. 773.

As used in the 5th amendment to the con stitution, it embraces all legal and equitable rules defining human rights and duties, and providing for their enforcement ; not only as between man and man, but also between the state and its citizens ; Jenkins v. Ballantyne, 8 Utah 245, 30 Pac. 760, 16 L. R. A. 689.

There is said to be a theory that the law on any question is always fixed and that it is not changed when a former case is over ruled by a later case ; Hood v. Society to Protect Children, 221 Pa. 474, 70 Atl. 845 ; the reversal of a rule of law does not change the law ; the earlier court was mistaken ; Ray v. Gas Co., 138 Pa. 590, 20 Atl. 1065, 12 L. R. A. 290, 21 Am. St. Rep. 922.

The doctrines and procedure of the com mon law of England and America, as dis tinguished from those of equity.

An oath. So used in the old English prac tice, by which wager of law was allowed. See WAGER OF LAW.

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