Color in Legal Terms
@Vincenzo – There is no problem with an agent who solves this fight in your scenario. However, that`s not exactly what this article discusses. The term “color of the law” usually comes into play when someone does something wrong. “Office colour” refers to an act that is usually committed by a public servant under the guise of authority, but which exceeds that power. A confirmatory act or omission committed under the office`s colour is sometimes necessary to prove wrongdoing within the Office. In its most basic definition, any official law enforcement activity is considered to have been carried out under the cover of the law. Law enforcement officers largely carry out their day-to-day duties in a legal manner. The term takes on a negative connotation if the activity is illegal or if the person acting does not have the power to act on behalf of law enforcement. Any person who, by virtue of the color of a law, ordinance, ordinance, gepfit, or use of a state or territory, subjects or causes to a citizen of the United States or any other person subject to its jurisdiction the deprivation of rights, privileges, or immunities guaranteed by the Constitution and laws, is liable to the Party: that has been violated in the course of an action, equitable action or any other due process of reparation. This term is used in the United States in the Federal Civil Rights Act. The law allows citizens to prosecute law enforcement officers for violating their rights, as permitted by the Constitution and federal law. Many cases occur because law enforcement officers act outside of their authority and interfere with the civil rights of individuals.
COLOR, advocacy. It is of two types, namely express color and implicit color. 2. Express color. This is a feigned issue raised by the defendant in a personal injury action in which the plaintiff appears to have a valid cause of action, when in reality he has only a semblance or color of a case. The practice of explicit coloring in the grounds of complaint obtained in the mixed acts of the seat, the inscription in the manner of the seat, as well as in the personal act of intrusion. Steph. on advocacy.
230; Ferry. Intrusion, 14.3. It is general practice that no one may be allowed to invoke such a particular plea, which amounts to the general question or an outright rejection of the charges contained in the statement, and in such cases must plead the general question so as to refer the whole matter to the jury; However, if the defendant in an trespassing lawsuit wishes to present the validity of his title to the court and not to the jury; In his plea, he may specify his title in particular by expressly giving the applicant the color of the title or by assuming that he has the appearance of a title which, although having the force of law, whose jurors are not competent judges. 3 Bl. Com. 309. Suppose, for example, that at the time of the alleged intrusion, the plaintiff is agitating the unlawful possession of the relative, with no other appearance of ownership than the possession itself, and the defendants have entered it to assert their title: but are not in a position to state this title in the brief, following the objection, which would result from a lack of painting, are pushed to invoke the general question of innocence. This plea raises the question of whether or not the defendants are guilty of trespassing; But when negotiating the issue, it will turn out that the question refers entirely to a construction of the law. The defendants say that they are not guilty of trespassing because they are not guilty of breaking the plaintiff`s closure, as the statement claims; and that they were not guilty of breaking the applicant`s closure because they themselves had ownership in that environment; and its title.
that the father of one of the accused, who were confiscated by the Close in Fee, gave them to his eldest son in the tail, rests in the tail to one of the accused; the eldest son was disseminated, but made uninterrupted claims until the death of the disseminator; After his death, the descendants returning to the heir, the Disseisee entered on the heir and subsequently died when the rest became effective with the said defendant, who was a victim of the other defendant. Well, that title includes a legal question; namely, if a permanent claim does not respect the right of entry into the Dissemisse, regardless of any filiation launched to the heir of the Disseminator. (See on this point, Continual Claim.) However, the issue is simply not guilty, and that is being considered by the jury; and the consequence would be that a jury would have to decide this legal question, subject to the appropriate direction it would receive from the court. However, it is assumed that, in order to make the issue more satisfactory, the defendants intend to refer it to the bank court instead of referring it to a jury. If they have the possibility to indicate their title in particular in the application, the subject matter is reached; In this case, if the applicant is willing to sufficiently question the title, he may yield to the plea and thus refer the matter to the decision of the judges. But such a plea, if it were simply pleaded, would be informal according to the state of the facts for lack of color; and from there arises a difficulty. 4. The pleadings of the early days were designed to overcome this difficulty in the following unique way. In such a case, as the latter suspected, the means wanted an implicit color, they gave it an explicit color by inserting a fictitious assertion of a colorable title in the plaintiff, which they avoided at the same time by the preferred title of the defendant. S step. Pl.
225 Enter. of Brown 343, in support of one plea. Plows. Rep. 22 b. 5. Previously, various proposals of apparent law could be adopted according to the imagination of the means; And although the same room for maneuver may still be available, in practice it is unusual to resort to other well-known fictions that have long applied to the particular case, such as intrusion, the color usually given is that of an imperfect charter of misfortune. See in general 2 Saund. 410; 10 Co.
88; Cro. Eliz. 76; 1 East, 215; Doctor. p. 17; Doctor. & Stud farm. free. 2, c. 53; Ferry. Abr.
Means, I 8; Intrusion, I 4; 1 chit. Pl. 500 Steph. on Pl. 220. 6. Implicit color. This implicitly allows an apparent right in the opposing party and avoids it by invoking a new question by which this apparent right is defeated. Steph. P. 225. 7.
It is a rule that every plea must give color through confession and avoidance; That is, he must admit an apparent right in the opposing party and therefore rely on a new question by which this apparent right is defeated. For example, if the defendant invokes an exemption from an action for failure to fulfil obligations, the tendency of the plea is to admit a manifest right of the plaintiff, namely that, as the statement claims, the defendant performed the act and breached the agreement contained therein and would therefore be prima facie responsible for that ground; shows, however, a new case that has not yet been revealed, which removes this apparent right, namely that the applicant has granted him release. Once again, when the applicant replies that such release was obtained by coercion in its replication, he implicitly admits that the defendant has prima facie a good defence, namely that such a release was made as alleged in the plea; and that the defendant would therefore be dismissed; is, however, based on new facts that avoid the objection that release was obtained through coercion. The means therefore give colour to the presentation and reproduction of the plea in the present case. But suppose the plaintiff replied that the release was made by him, but by another person and not by the defendant; It would be an informal replication that wants color; If the waiver were not addressed to the defendant, there would not even be an obvious defence requiring the assertion of a new case in order to avoid it, and the plea could be sufficiently answered by a crossing denying that the document indicated in the plea is the plaintiff`s document. See Steph. p. 220; 1 chit. Pl. 498; Lawes, Civ. Pl. 126; Arch.
Pl. 211; Doctor. p. 17; 4 Wine. Abr. 552; Ferry. Abr. Advocacy, &e. I 8; Com. Dig. Pleader, 3 M 40, 3-M 41.
See an example of coloring in the composition in Roman law, Inst. lib. 4, meise 14, De replicantionibus. The color of the law refers to the appearance of a power of legal action that may violate the law. For example, if a police officer acts with the authority “color of the law” to arrest someone, the arrest, if it occurs without probable reason, may actually violate the law. In other words, just because something is done with the “color of the law” doesn`t mean the act was legal.