Natural Versus Legal
Rights are authorized, social, or moral ideas of freedom or entitlement; that is, rights are the basic normative guidelines about what is allowed of individuals or owed to individuals according to some authorized system, social convention, or moral theory. Rights are of essential importance in such disciplines as legislation and ethics, especially theories of justice and deontology. Each authorized proper that an individual possesses relates to a corresponding authorized obligation imposed on another.
221; 11 East, R; 124; and on by-laws. The significance of selecting a proper treatment is made strikingly evident by tho following statement. The courts of law and the courts of equity have merged, however the distinction nonetheless has some importance because in a variety of courts, a trial by jury is both granted or refused, based on whether the remedy sought is legal or equitable. When a authorized treatment is sought, the plaintiff is entitled to a jury trial, however this is not true when an equitable treatment is requested.
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Nuisance, A; 9 Conn. 350; or a harmful animal, known to be such, and suffering him to go at massive, as a big bull-dog accustomed to chunk individuals; four Burn’s, Just. 678; or exposing a person having a contagious illness, because the small-pox, in public; four M. 73, 272; and the like.
& Rawle, 302. In felony and another cases, the private damage is so far merged in the public crime that no motion could be maintained for it, a minimum of till after the general public prosecution shall have been ended. Vide Civil treatment. The preventive, or removing, or abating cures, are these which may be by acts of the celebration aggrieved, or by the intervention of authorized proceedings; as, within the case of injuries to the. individual, or to non-public or real property, defence, resistance, recaption, abatement of nuisance, and surety of the peace, or injunction in equity and perhaps some others. The breach of parol or easy contracts, whether or not verbal or written, categorical or implied, for the payment of money, or for the efficiency or omission of another act, is remediable by motion of assumpsit.
Remedies which have for their object punishments, or compensation and punishments, are either summary proceedings before magistrates, or indictment, &c. The party injured in lots of circumstances of personal injuries, which are also a public offence, as, batteries and libels, could have both treatments, a public indictment for the felony offence, and a civil motion for the personal wrong. When the law provides a number of treatments, the celebration entitled to them could choose that finest calculated to reply his ends. 344; four Johns. one hundred forty; 6 Johns. Rep. seventy eight; 2 Conn. 353; 10 Johns.