Parenspatriae is Latin for parent of the nation. In law , it refers to the public policy law public policy power of the state polity state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, requiring state intervention. In U.S. litigation, parenspatriae can be invoked by the state to create its Standing law standing to sue the state declares itself to be suing on behalf of its people. For example, the Hart Scott Rodino Antitrust Improvements Act Hart Scott Rodino Antitrust Improvement Act of 1976 http www.law.cornell.edu uscode html uscode15 usc sec 15 00000015 c000 .html 15 USC 15 c , through Section 4C of the Clayton Act , permits state attorneys general to bring parenspatriae suits on behalf of those injured by violations of the Sherman Act Sherman Antitrust Act . Discussion Parenspatriae relates to a notion initially invoked by the King s Bench in the sixteenth century in cases of non compos mentis adults Lat not having control over the mind or intellect. Not of sound mind insane. See 108 A. 2d 820, 822. In certain ... firefox a&pg PA21 v onepage&q &f false ref The parenspatriae doctrine was gradually applied to children ... interests and welfare of the children. Courts are not obliged to invoke the parenspatriae ... Family Court est 1975 , have specific parenspatriae jurisdiction. In the United States, invocation of the ParensPatriae Doctrine is constrained by the constitutional Parental Liberty Doctrine. ref http www.quaqua.org parenspatriae.htm ParensPatriae Quaqua Society Bot generated title ref ... the supervisory power of the court in the exercise of its parenspatriae function to the child. To the extent ... 0 472 11714 7 References reflist 1 DEFAULTSORT ParensPatriae Category Latin legal terms Category ... more details
Parens scientiarum Latin The Mother of Sciences is the incipit designating a papal bull issued by Pope Gregory IX on April 13, 1231. The bull assured the independence and self governance of the University of Paris , where the pope had studied theology ref BBKL g gregor ix band 2 autor Friedrich Wilhelm Bautz artikel Gregor IX., Papst spalten 317 320 ref . Notes reflist Category 13th century papal bulls RC stub de Parens scientiarum es Parens scientiarum fr Parens scientiarum ... more details
This article was auto generated by User Polbot . taxobox status VU status system IUCN2.3 regnum Plantae unranked divisio Angiosperms unranked classis Monocots unranked ordo Commelinids ordo Arecales familia Arecaceae genus Areca species A. parens binomial Areca parens binomial authority Odoardo Beccari Becc. Areca parens is a species of flowering plant in the Arecaceae family. It is found only in the Philippines . It is threatened by habitat loss and listed on the IUCN Red List as Vulnerable species Vulnerable . References Madulid, D. 1998. http www.iucnredlist.org search details.php 39028 all Areca parens . http www.iucnredlist.org 2006 IUCN Red List of Threatened Species. Downloaded on 20 July 2007. Category Areca Category Flora of the Philippines Category Vulnerable plants Areceae stub az Areca parens vi Areca parens ... more details
distinguish List of national founders Refimprove date June 2006 RomanMilitary Pater Patriae plural Patres Patriae , also seen as ParensPatriae , is a Latin language Latin honorific meaning Father of the Country , or more literally, Father of the Fatherland . Roman history The honor of being called pater patriae was conferred by the Roman Senate . It was first awarded to Roman general Marcus Furius Camillus in 386 BC, who for his role in the aftermath of the Battle of the Allia Gallic siege of Rome was considered a second founder of the city, in succession to Romulus . Three centuries later, it was awarded to the orator and statesman Marcus Tullius Cicero for his part in the suppression of the Catiline Catilinarian conspiracy during his consul ate in 63 BC. It was next awarded to Julius Caesar , who as Roman dictator dictator became the de facto ruler of the Roman republic and its imperium , for having ended the civil wars. The Senate voted the title to Caesar Augustus in 2 BC, but being neither important for the ruler s legitimacy nor for his legal powers, it did not become a regular part of the imperial honors, contrary to Imperator , Caesar title Caesar , Augustus , princeps senatus , pontifex maximus and tribune tribunicia potestas . According to the historian Suetonius , Augustus successor, Tiberius , was offered this title, but refused it. ref http penelope.uchicago.edu Thayer E Roman Texts Suetonius 12Caesars Tiberius .html 26 Suetonius Life of Tiberius Bot generated title ref The Senate eventually conferred the title on many Roman emperor s, often only after many years ..., 1987, p. 57. ref Chronological list of Patres Patriae Romulus , 753 BC as the legendary founder of Rome ... Pater Patriae cs Otec vlasti de Pater patriae es Padre de la Patria fr Pater patriae it Pater Patriae ml nl Vader des vaderlands ja no Landsfader nn Landsfader pl Pater patriae pt Pai da P tria ru sh Pater Patriae fi Pater patriae sv Landsfader zh ... more details
Taxobox image image width 240px image caption regnum Fungus Fungi divisio Basidiomycota classis Agaricomycetes ordo Agaricales familia Cortinariaceae genus Gymnopilus species G. patriae binomial Gymnopilus patriae binomial authority B.J. Rees synonyms mycomorphbox name Gymnopilus patriae whichGills adnexed whichGills2 adnate capShape convex hymeniumType gills stipeCharacter ecologicalType saprotrophic sporePrintColor howEdible Gymnopilus patriae is a species of mushroom in the Cortinariaceae family. See also Portal Fungi List of Gymnopilus species List of Gymnopilus species External links http www.indexfungorum.org Names NamesRecord.asp?RecordID 459678 Gymnopilus patriae at Index Fungorum DEFAULTSORT Gymnopilus patriae Category Gymnopilus patriae Category Fungi of North America cortinariaceae stub vi Gymnopilus patriae ... more details
Unreferenced date December 2007 Conflict of laws The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which law is selected. Explanation When a case comes before a court and all the main features of the case are local, the court will apply the lex fori , the prevailing municipal law , to decide the case. But if there are foreign elements to the case, the forum court may be obliged under the Conflict of Laws system to consider whether the forum court has jurisdiction to hear the case see the problem of forum shopping it must then characterisation conflict characterise the issues, i.e. allocate the factual basis of the case to its relevant legal classes and then apply the choice of law rules to decide the lex causae , i.e. which law is to be applied to each class. The lex patriae is a civil law legal system civil law choice of law rule in some Jurisdiction area states , the law of habitual residence is used to test the status law status and capacity law capacity of the party law parties to the case. For example, suppose a person with a nationality in Denmark decides to take a round the world trip. It would be inconvenient if this person s legal status and capacities changed every time they entered a new state, that they might be considered an minor law infant or an adult, marriage conflict married or free to marry, bankrupt or creditworthy, etc., depending on the laws ... under the relevant lex fori , the lex patriae should apply to define all major issues, and so produce ... patriae choice of law rule may select the law of a country that contains more than one legal system ... commissi Lex loci solutionis Category Conflict of laws Category Latin legal terms ca Lex patriae es Lex patriae pl Prawo ojczyste ... more details
Image 2010 01 24 17 37 Navy insignia on south wall of old warehouse on Cantonment Hill, Fremantle.jpg thumb 300px Non sibi sed patriae in concrete relief on a warehouse in Fremantle, Western Australia. Non sibi sed patriae is a Latin phrase meaning Not for self, but for country. The phrase is inscribed over the chapel doors at the United States Naval Academy . External links reflist Krulak, C. C. 1998, 16 May 1998 . http www.s2company.com files readings krulak.htm Non Sibi Sed Patriae General Charles C. Krulak, USMC. Commandant of the Marine Corps, Commencement Remarks for the Uniformed Services University at the DAR Constitution Hall. General Charles C. Krulak, USMC Commandant of the Marine Corps. USNA. 2009 . United States Naval Academy Official U.S. Navy Web Site. http www.usna.edu VirtualTour 150years 1950.htm Brief History United States Naval Academy, 2009 Category Latin words and phrases ... more details
Father of the Country could mean Pater Patriae or Father of the Nation, a Roman honorific Father of the Nation List of national founders disambig ... more details
Infobox SCOTUS case Litigants Hawaii v. Standard Oil Co. of Cal. ArgueDate October 21 ArgueYear 1971 DecideDate March 1 DecideYear 1972 FullName Hawaii v. Standard Oil Company of California, et al. USVol 405 USPage 251 Citation 92 S.Ct. 885 31 L.Ed.2d 184 Prior Certiorari to the United States Court of Appeals for the Ninth Circuit Subsequent Holding Section 4 of the Clayton Act does not authorize a State to sue for damages for an injury to its general economy allegedly attributable to a violation of the antitrust laws. SCOTUS 1972 1975 Majority Marshall JoinMajority Burger, Stewart, White, Blackmun Dissent Douglas Dissent2 Brennan NotParticipating Powell, Rehnquist LawsApplied Hawaii v. Standard Oil Co. of Cal. , Case citation 405 U.S. 251 1972 , was a decision by the United States Supreme Court which held that Section 4 of the Clayton Antitrust Act does not authorize a U.S. state to sue for damages for an injury to its general economy allegedly attributable to a violation of the United States antitrust law . See also List of United States Supreme Court cases, volume 405 Further reading cite journal last Blechman first Michael D. authorlink coauthors year 1972 month title Class Actions A Reappraisal in Light of Hawaii v. Standard Oil journal Journal of Air Law and Commerce volume 38 issue pages 389 issn 00218642 url accessdate quote cite journal last Fuller first D. M. authorlink coauthors Condo, J. A. year 1972 month title Hawaii v. Standard Oil Co. Aloha to Parens Patriae? journal Catholic University Law Review volume 22 issue pages 156 issn 00088390 url accessdate quote External links caselaw source case Hawaii v. Standard Oil Co. of California , 405 U.S. 251 1972 findlaw http laws.findlaw.com us 405 251.html justia http supreme.justia.com us 405 251 case.html Category United States Supreme Court cases Category United States antitrust case law Category Court cases involving Hawaii Category 1972 in United States case law SCOTUS case stub ... more details
Taxobox name Shade Bush Warbler status LC status system IUCN3.1 regnum Animalia phylum Chordata classis Aves ordo Passeriformes familia Cettiidae genus Cettia species C. parens binomial Cettia parens binomial authority Mayr, 1935 synonyms The Shade Bush Warbler Cettia parens is a species of Old World warbler in the Cettiidae family. It is found only in Solomon Islands , where it is endemism endemic to the island of Makira formerly San Cristobal Island . Its natural habitat s are tropical moist lowland forest s and tropical moist montane forest above 600m. It feeds on insects in the undergrowth and on the ground. References BirdLife International 2004. http www.iucnredlist.org search details.php 4295 all Cettia parens . http www.iucnredlist.org 2006 IUCN Red List of Threatened Species. Downloaded on 10 July 2007. OldWorldwarbler stub eo Makira etio ... more details
whether or not the government itself could make the decision, using parenspatriae jurisdiction. Parenspatriae allows the government to make authorizations in the best interests where ... sterilization via parenspatriae jurisdiction, since a surgical sterilization is an irreversible ... more details
The Children s Court of New South Wales is a court which deals with criminal offences committed by children over 10 and under 18 as well as with proceedings relating to the care and protection of children. The court commenced on 18 January 1988. Colonial times The treatment of juvenile offenders in the colony of New South Wales reflected the system of criminal law inherited from England . There was nothing unusual in that as the law of Australia at that time was heavily influenced by the social norms of English society. As a result, children criminals were treated no differently than adult criminals. They were liable to the same harsh penalties. The Judicial Commission cites an example of one English judge who, after condemning a 10 year old boy to death, described the boy as a proper subject for capital punishment . The commission also noted that on one day in 1815, five children aged between eight and 12 years were hanged for petty larceny in England. History The first children s court was established under the Neglected Children and Juvenile Offenders Act 1905 . The Judicial Commission of New South Wales states the first court was set up in the spirit of parens patriae , a jurisdiction that was exercised by the superior courts of the United Kingdom and as a consequence, of the Supreme Court of New South Wales . The court was set up in light of the widespread poverty and child neglect at that time. The courts had to assume the role of parent, protector and ultimate punisher. Current court The present children s court is constituted under the Children s Court Act 1987. It is an inferior court and is effectively a court of record . The court was established on 18 January 1988. Composition The court is composed of magistrates of the Local Court of New South Wales who are appointed by the Chief Magistrate of the Local Court of New South Wales . A magistrate so appointed is called a Children s Magistrate. The chief magistrate may with concurrence of the New South Wales ... more details
to warrant the sterilization of Eve, and that the parenspatriae powers of the court allowed ... stated that the parents patriae powers of the court were to be used for the benefit of the incompetent ... more details
request process. Parenspatriae actions Title III of the Act allows U.S. states states to sue companies in United States district court Federal court for monetary damages under antitrust laws in parenspatriae , on behalf of their citizens previously, only the persons harmed by anticompetitive ... more details
and were made by a lower court therefore, they are not legally binding. However, the parenspatriae ... courts will make decisions in the parenspatriae jurisdiction regardless of Gillick competence. In South ... more details
of public policy law public policy , the courts have always operated under the doctrine of parenspatriae to make the best interests of any children their first and paramount concern. From time to time ... more details
italic title Infobox SCOTUS case Litigants The Late Corporation of the Church of Jesus Christ of Latter Day Saints v. United States ArgueDateA January 16 ArgueDateB 18 ArgueYear 1889 DecideDate May 19 DecideYear 1890 FullName The Late Corporation of the Church of Jesus Christ of Latter Day Saints et al. v. United States Romney et al. v. United States Citation 10 S. Ct. 792 34 L. Ed. 478 1890 U.S. LEXIS 2199 USVol 136 USPage 1 Prior Edmunds Tucker Act provisions authorizing disincorporation of LDS Church upheld in U.S. v. Church of Jesus Christ of Latter Day Saints . 5 Utah 361, 15 P. 473 Utah.Terr. 1887 . Appeal from the Supreme Court of the Utah Territory Holding Congress has supreme authority over territories, including power to dissolve the LDS Church s corporation and seize its property. Under parens patriae principals, congress may redirect assets to charitable purposes within Utah Territory. Property was properly not transferred to church members because they were using it to further outlawed polygamy. SCOTUS 1890 1891 Majority Bradley JoinMajority Harlan, Gray, Blatchford, Brewer Dissent Fuller JoinDissent Lamar, Field LawsApplied Free Exercise Clause of the First Amendment U.S. Const. amend. I Edmunds Tucker Act The Late Corporation of the Church of Jesus Christ of Latter Day Saints v. United States , ussc 136 1 1890 was a Supreme Court of the United States Supreme Court case that upheld the Edmunds Tucker Act on May 19, 1890. Among other things, the act disincorporated The Church of Jesus Christ of Latter day Saints LDS Church . Melville Fuller Chief Justice Fuller s dissent asserted that though Congress has the power to criminalize polygamy , it is not authorized under the cover of that power to seize and confiscate the property of persons, individuals, or corporations, without office found, because they may have been guilty of criminal practices. ref ussc 136 67 1890 ref The ruling in Late Corporation would have directed federal escheat of substantially a ... more details
The Youth Justice Court of the Northern Territory is an Australia n court which hears and determines cases concerning crimes committed by children under the age of 18 years in the Northern Territory . Colonial times The treatment of juvenile offenders in the colonies of Australia , eg. New South Wales , Van Diemen s Land , Victoria Australia Victoria and Queensland reflected the system of criminal law inherited from England . There was nothing unusual in that as the law of Australia at that time was heavily influenced by the social norms of English society. As a result, children criminals were treated no differently than adult criminals. They were liable to the same harsh penalties. The Judicial Commission of New South Wales cites an example of one English judge who, after condemning a 10 year old boy to death, described the boy as a proper subject for capital punishment . The commission also noted that on one day in 1815, five children aged between eight and 12 years were hanged for petty larceny in England. Children s court began to be set up in Australia in the early 1900s. The Judicial Commission of New South Wales states the first court in New South Wales was set up in the spirit of parens patriae , a jurisdiction that was exercised by the superior courts of the United Kingdom and, as a consequence, of the Supreme Court of New South Wales . Children s courts were set up in light of the widespread poverty and child neglect at that time. The courts had to assume the role of parent, protector and ultimate punisher. Current court The present court is actually a continuation of the Juvenile Court of the Northern Territory constituted under the repealed Juvenile Justice Act 1983 NT under a different name. Extensive changes were made to the criminal law relating to children following a discussion paper on a review of the Juvenile Justice Act publicly released in March 2004. The changes envisaged that the justice system would encourage children to be accountable for th ... more details
scripta Lex patriae Lex rei sitae Lex scripta Lex situs Lex specialis Eye for an eye Lex talionis Law ... occurrit regi Nunc pro tunc O Obiter dictum Opinio juris sive necessitatis P Pacta sunt servanda Parenspatriae Pari passu Partus sequitur ventrem Pedis possessio Pendente lite Per incuriam Per minas ... more details
, the policy of parenspatriae entitles the state to defend the interests of child ren until ... and capacity, courts tend to look to the antenuptual lex domicilii , lex patriae or the law of habitual ... patriae , or law of habitual residence to apply as an aspect of capacity. To allow the lex fori to apply ... views within each society, the right of the lex domicilii , lex patriae or habitual residence to apply ... more details
Cosimo di Giovanni de Medici may refer to Cosimo de Medici the Elder , Pater Patriae 1389 1464 , first Medici ruler of Florence Cosimo I de Medici 1519 1574 , his distant relative, the first Grand Duke of Tuscany hndis Medici, Cosimo di Giovanni de ... more details
. Policy background As a specific application of parenspatriae see public policy law public policy ... and under the parenspatriae power . If the parenting plan agreed by parties before the court hearing ... more details
care costs of smokers. Ieyoub took a leading role in the formulation of the theory of parenspatriae ... of ParensPatriae Working abstract by Theodore Eisenburg and Richard Ieyoub http capitolwatch.reallouisiana.com ... more details
12Caesars Julius .html 76 76 the neuter variant ParensPatriae is also known from a statue of Caesar ... se untranslatable. ref Suetonius also speaks of the additional cognomen Pater Patriae , ref Suetonius ... Patriae Divus . The praenomen Gaius Gaius name Gaius is an archaic Latin name and one of the earliest ... more details
Encyclopedia
top
