{"id":8676,"date":"2017-11-20T03:01:35","date_gmt":"2017-11-20T03:01:35","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8676"},"modified":"2017-11-26T07:18:42","modified_gmt":"2017-11-26T07:18:42","slug":"the-body-of-law-in-a-state","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8676","title":{"rendered":"State – a system of relations by which jurisdiction and authority are devised and maintained by a community of politically organized people aiming to secure the prevalence of justice via self-imposed law"},"content":{"rendered":"

\u00a0 \u00a0 This page is continued from\u00a0Law<\/a>\u00a0>>>>\u00a0Litigation Terms for\u00a0Types of Persons<\/em><\/a>\u00a0>>>>\u00a0Types of\u00a0Parties<\/em><\/a>\u00a0>>>>\u00a0Artificial Persons<\/a> >>>><\/strong><\/span><\/p>\n

Note:\u00a0<\/span> This page primarily deals the with body politic known as a state (noun) \u2014\u00a0not<\/em><\/span> the adjective, as in:<\/strong><\/span>
\n<\/span><\/p>\n

state<\/span>:<\/strong><\/span>
\nadjective<\/span><\/em><\/p>\n

1. Pertaining to a State of the United States. <\/span><\/strong><\/p>\n

2. Pertaining to government generally.<\/strong> [1]<\/span><\/p>\n

state<\/span>:<\/strong><\/span>
\nn<\/em>. (16c)<\/span><\/p>\n

l. The political system of a body of people who are politically organized; the system of rules by which jurisdiction and authority are exercised over such a body of people.<\/strong> <separation of church and state>. \u2014 aka political society<\/strong><\/em>;<\/span>\u00a0nonsovereign state<\/em><\/strong><\/span>;\u00a0dependent state<\/span><\/strong>.<\/em> \u00a0Cf. NATION. [2]<\/span><\/p>\n

1. A body politic or society of women and men united for the purpose of promoting their mutual safety through their combined strength, occupying a definite territory, and organized under one government; people, territory, and government considered in combination; a nation.\u00a0\u00a0<\/strong>
\n<\/span>\u00a0 \u00a0 \u00a0See sovereign state.<\/em><\/span><\/p>\n

2. A state of the United States.\u00a0<\/span><\/strong>[1]<\/span><\/p>\n

\n

1. A body politic or society of men united together for the purpose of promoting their mutual safety and advantage by their combined strength, occupying a definite territory, and politically organized under one government.\u00a0 McLaughlin y Poucher<\/em>, 127 Conn 441, 17 A2d 767<\/span>. <\/span><\/strong><\/p>\n

People, territory, and government considered in combination. Texas v White<\/em> (US) 7 Wall 700, 19 L Ed 227, ovrld on other grounds 113 US 476, 28 L Ed 1044, 5 S Ct 588<\/span>. <\/span><\/strong><\/p>\n

A complete body of free persons united together for their common benefit, to enjoy peaceably what is their own, and to do justice to others.\u00a0\u00a0<\/span>Chisholm v Georgia<\/em> (US) 2 Dall 419, 1 L Ed 440<\/span>.<\/span><\/strong><\/p>\n

Under the United States Constitution: \u2014 a political community of free citizens, occupying a territory of defined boundaries, and organized under a government sanction and limited by a written constitution, and established by the consent of the governed. Coyle v Smith<\/em>, 221 US 559, 55 L Ed 853, 31 S Ct 688<\/span>. <\/span><\/strong><\/p>\n

For the purposes of the Fair Labor Standards Act, any state of the United States, the District of Columbia, or any territory or possession of the United States, 29 USC \u00a7203(c)<\/span>.<\/strong>
\n<\/span>\u00a0 \u00a0 \u00a0See sovereign state<\/em>.<\/span>\u00a0[3]<\/span><\/p>\n<\/div>\n

\u00a0 \u00a0 \u00a0Excerpt from Theodore D. Woolsey’s\u00a0Introduction to the Study of International Law<\/em><\/a>\u00a0(5th ed. 1878):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cA STATE is a community of persons living within certain limits of territory, under a permanent organization which aims to secure the prevalence of justice by self-imposed law.\u00a0 The organ of the state by which its relations with other states are managed is the government.<\/span>\u201d<\/strong> [2]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from John Salmond’s\u00a0Jurisprudence<\/em><\/a>\u00a0(Glanville L. Williams ed., 10th ed. 1947):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cA state or political society is an association of human\u00a0<\/span><\/span>beings established for the attainment of certain ends by\u00a0<\/span>certain means.\u00a0 It is the most important of all the various\u00a0<\/span>kinds of society in which men unite, being indeed the nec<\/span>essary basis and condition of peace, order, and civilization.\u00a0\u00a0<\/span><\/span><\/strong>What then is the difference between this and other forms of association?\u00a0 In what does the state differ from such other societies as a church, a university, a joint-stock company, or a trade union?\u00a0 The difference is clearly one of function.\u00a0 The state must be defined by reference to such of its activities and purposes as are essential and characteristic.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from J.L. Brierly’s\u00a0The Law of Nations<\/em><\/a>\u00a0(5th ed. 1955):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cA state is an institution, that is to say, it is a system of relations which men establish among themselves as a means of securing certain objects, of which the most fundamental\u00a0<\/span><\/span><\/strong>is a system of order within which their activities can be carried on.\u00a0 Modern states are territorial; their governments exercise control over persons and things within their frontiers, and today the whole of the habitable world is divided between about seventy of these territorial states.\u00a0 A state should not be confuse with the whole community of persons living on its territory; it is only one among a multitude of other institutions, such as churches and corporations, which a community establishes for securing different objects, though obviously it is one of tremendous importance; none the less it is not, except in the ideology of totalitarianism, an all-embracing institution, not something from which, or within which, all other institutions and associations have their being; many institutions, e.g. the Roman Catholic Church, an many associations, e.g. federations of employers and of workers, transcend the boundaries of any single state.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

state law<\/span>:<\/span><\/strong>
\n (18c)<\/span><\/p>\n

1. A body of law in a particular state consisting of the state’s constitution, statutes, regulations, and common law.<\/span><\/strong><\/p>\n

State Law Consists of Two Parts:<\/span><\/strong><\/p>\n

\u00a0 \u00a0Excerpt from Edwin E. Bryant’s\u00a0The Law of Pleading Under the Codes of Civil Procedure<\/em><\/a>\u00a0(2d ed. 1899):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0“The body of law in a State consists of two parts,\u00a0<\/span><\/span>substantive<\/span>\u00a0<\/span><\/em>and\u00a0<\/span>adjective\u00a0<\/em>law.\u00a0 The former prescribes those rules of civil conduct which declare the rights and duties of all who are subject to the law.\u00a0 The latter relates to the remedial agencies and procedure by which rights are maintained\u00a0<\/span><\/span><\/strong>their invasion redressed, and the methods by which such results are accomplished in judicial tribunals.<\/span>“<\/strong> [6]<\/span><\/p>\n

Adjective Law<\/span><\/a> – the body of rules governing procedure and practice (“procedural law”).<\/span><\/strong><\/p>\n

Substantive Law<\/span><\/a> –\u00a0creates, defines, and regulates the rights, duties, and powers of parties.\u00a0<\/strong>[1]<\/span><\/p>\n

Political Status of States:<\/span><\/strong><\/span><\/p>\n

Client State<\/span><\/a> – a country that is obliged to cede some control of its external relations to some foreign power or powers.<\/span><\/strong><\/p>\n

Code State<\/span><\/a> – a state that has procedurally merged law and equity into one system, and having only one form of civil action<\/a>.<\/span><\/strong><\/p>\n

Composite State<\/span><\/a> – a state that comprises an aggregate or group of constituent states.<\/span><\/strong><\/p>\n