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
itself could make the decision, using parenspatriae jurisdiction. Parenspatriae allows ... deemed too high and the benefits too obscure to authorize a nontherapeutic sterilization via parenspatriae jurisdiction, since a surgical sterilization is an irreversible procedure ref E. Mrs. v. Eve ... 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
Best interests or best interests of the child is the doctrine used by most court s to determine a wide range of issues relating to the well being of child ren. The most important of these issues concern questions that arise upon the divorce or separation of the children s parents. Here are some examples With whom will the children live? How much contact law contact previously termed access or, in some jurisdictions, contact law visitation will the parents, legal guardian , or other parties be allowed or required to have? To whom and by whom will child support be paid and in what amount? History The use of the best interests doctrine represented a 20th century shift in public policy law public policy . The best interests doctrine is an aspect of parens patriae , and in the United States it has replaced the Tender Years Doctrine , which rested on the basis that children are not resilient, and almost any change in a child s living situation would be detrimental to their well being. Until the early 1900s, fathers were given custody of the children in case of divorce. Many U.S. state s then shifted from this standard to one that completely favored the mother as the primary caregiver. In the 1970s, the Tender Years Doctrine was replaced by the best interests of the child as determined by family courts. Because many family courts continued to give great weight to the traditional role of the mother as the primary caregiver, application of this standard in custody historically tended to favor the mother of the children. The best interests of the child doctrine is sometimes used in cases where non parents, such as grandparents, ask a court to order non parent visitation with a child. Some parents, usually those who are not awarded custody, say that using the best interests of the child doctrine in non parent visitation cases fails to protect a fit parent s fundamental right to raise their child in the manner they see fit. Troxel v. Granville Troxel v Granville, 530 US 57 120 ... 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
dictum Opinio juris sive necessitatis P Pacta sunt servanda Parenspatriae Pari passu Partus sequitur ... delicti commissi Lex loci rei sitae Lex loci solutionis Lex non scripta Lex patriae Lex rei sitae ... 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
Taxobox name Tentaxinae image image width 250px image caption regnum Animal ia phylum Arthropod a classis Insect a ordo Lepidoptera subordo Ditrysia unranked superfamilia Macrolepidoptera superfamilia Noctuoidea familia Micronoctuidae subfamilia Tentaxinae subfamilia authority Fibiger, 2011 type species type species authority diversity diversity link Lepidopteran diversity subdivision ranks Genera subdivision The Tentaxinae are a subfamily of moth s of the Micronoctuidae family. Genera Acusa small Fibiger, 2011 small Tentasetae small Fibiger, 2011 small Pseudobscura small Fibiger, 2011 small Parens moth Parens small Fibiger, 2011 small Alienia small Fibiger, 2011 small Tentaspina small Fibiger, 2011 small Tentax small Fibiger, 2011 small Flax moth Flax small Fibiger, 2011 small References aut Fibiger, M. 2011 Revision of the Micronoctuidae Lepidoptera Noctuoidea . Part 4, Taxonomy of the subfamilies Tentaxinae and Micronoctuinae. ISSN 1175 5326 Zootaxa , 2842 1 188. http mapress.com zootaxa 2011 f z02842p188f.pdf Preview Category Micronoctuidae ... more details
. Rather, the beneficiaries are represented by the Attorney General for England and Wales as a parenspatriae , who appears on the part of The Crown . ref Edwards 2007 p. 233 ref Jurisdiction ... more details
for the My Family episode List of My Family episodes Series Four 2003 My Family series 4 Childcare globalize USA date December 2010 The term in loco parentis , Latin for in the place of a parent ref name law.com cite web url http dictionary.law.com default2.asp?typed in loco parentis&type 1&submit1.x 86&submit1.y 20&submit1 Look up title Law.com Law Dictionary in loco parentis accessdate 2008 09 03 work publisher Law.com date ref refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent . Originally derived from English common law , it is applied in two separate areas of the law. First, it allows institutions such as colleges and schools to act in the best interests of the student s as they see fit, although not allowing what would be considered violations of the students civil liberties . ref name law.com Second, this doctrine can provide a non biological parent to be given the legal rights and responsibilities of a biological parent if they have held themselves out as the parent. ref http jurist.law.pitt.edu paperchase 2007 02 utah high court denies parental rights.php An example of family law in loco parentis ref The in loco parentis doctrine is distinct from the doctrine of parens patriae , the psychological parent doctrine, and adoption. ref name In Loco Parentis Quaqua Society http www.quaqua.org inlocoparentis.htm In Loco Parentis Quaqua Society Bot generated title ref In the United States, the parental liberty doctrine imposes constraints upon the operation of the in loco parentis doctrine. ref name In Loco Parentis Quaqua Society Primary and secondary education Cheadle Hulme School , founded in Manchester, England, in 1855 adopted in loco parentis as its motto, well before the world s first Public Education Act of 1870. The school was established to educate and care for orphans and children of distressed parents during times when the average longevity of Manchester factory workers was tw ... more details
periods of time. Policy background As a specific application of parenspatriae see public policy ... have under statute and under the parenspatriae power . If the parenting plan agreed by parties ... more details
. Ieyoub took a leading role in the formulation of the theory of parenspatriae , which allows the state ...?abstract id 238828 State Attorney General Actions, the Tobacco Litigation, and the Doctrine of ParensPatriae Working abstract by Theodore Eisenburg and Richard Ieyoub http capitolwatch.reallouisiana.com ... more details
The Octave is one of Luxembourg s major annual religious celebrations. ref http knol.google.com k luxembourg s religious traditions part 2 LUXEMBOURG S RELIGIOUS TRADITIONS ref It takes starts on the 3rd Sunday after Easter and closes with the Octave Procession on the 5th Sunday after Easter. It honours Our Lady of Luxembourg, Maria Mater Jesu, Consolatrix Afflictorum, Patrona Civitatis et Patriae Luxemburgensis . References Reflist Luxembourg stub Category Luxembourgian culture Category Religion in Luxembourg Category Festivals in Luxembourg ... more details
provisions of law or it is not in the best interests of any children see parenspatriae . If the characterization ... the status of the parties, the standard choice of law rules would be either the lex patriae the law ... in a common law state, and under the lex patriae the law of the nationality or habitual ... more details
Texts Suetonius 12Caesars Julius .html 76 76 the neuter variant ParensPatriae is also known from ... of his name per se untranslatable. ref Suetonius also speaks of the additional cognomen Pater Patriae ... Caesar Pater Patriae Divus . The praenomen Gaius Gaius name Gaius is an archaic Latin name and one ... more details
Taxobox image regnum Animal ia phylum Arthropod a classis Insect a ordo Lepidoptera familia Micronoctuidae subfamilia Micronoctuinae genus Micronoctua genus authority Fibiger, 1997 Micronoctua is a genus of moth s of the Micronoctuidae family. Species Micronoctua karsholti small Fibiger, 1997 small Former species Micronoctua occi is now Parens occi small Fibiger & Kononenko, 2008 small References aut Fibiger, M. 1997 Micronoctua karsholti gen. et sp. n. an astonishing small noctuid moth Noctuidae . Nota lepidopterologica , 20 23 30. Category Micronoctuidae Micronoctuidae stub ... more details
Almighty A more direct translation would be Omnipotence omnipotent father . Pater Patriae father of the nation Also rendered with the gender neutral parenspatriae parent of the nation . anchor pater ... more details
align right Conflict of laws Contract law The capacity of both natural person natural and legal person legal persons determines whether they may make binding amendments to their right s, duty duties and obligation s, such as getting marriage married or Mergers and acquisitions merging , entering into contract s, making gift law gifts , or writing a valid will law will . Capacity is an aspect of status law status and both are defined by a person s personal law for natural persons, the law of domicile law domicile or lex domicilii in common law jurisdiction area jurisdiction s, and either the law of nationality or lex patriae , or of habitual residence in civil law legal system civil law states for legal persons, the law of the place of Incorporation business incorporation , the lex incorporationis for company law companies while other forms of business entity derive their capacity either from the law of the place in which they were formed or the laws of the states in which they establish a presence for trading purposes depending on the nature of the entity and the transactions entered into. When the law limits or bars a person from engaging in specified activities, any Contract agreements or contract s to do so are either voidable or void for incapacity . Sometimes such legal incapacity is referred to as incompetence . For comparison, see Competence law . Discussion As an aspect of the social contract between a state and its citizen s, the state adopts a role of protector to the weaker and more vulnerable members of society. In public policy law public policy terms, this is the policy of parens patriae . Similarly, the state has a direct social and economic interest in promoting trade, so it will define the forms of business enterprise that may operate within its territory, and lay down rules that will allow both the businesses and those that wish to contract with them a fair opportunity to gain value. This system worked well until social and commercial mobility incr ... more details
or it is not in the best interests of any children see parenspatriae . If the characterisation ... in a common law state, and under the lex patriae the law of the nationality or habitual residence ... more details
specific to all the main branches of law. Hence, one of the policies in family law is parenspatriae , i.e. that the state is the default parent for all those child ren within its jurisdiction ... more details
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