Color (law)

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Color of is a legal term meaning "pretense or appearance of" some right; in other words, 'color of', as in 'color of law', means the thing colors (or adjusts) the law; however the adjustment made may either be lawful or it may merely appear to be lawful.

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[edit] Color of law

Color of law refers to an appearance of legal power to act but which may actually operate in violation of law. For example, though a police officer acts with the color of law authority to arrest someone, if such an arrest is made without probable cause the arrest may actually be in violation of law. In other words, just because something is done with the 'color of law', that does not mean that the action was actually lawful.

The Supreme Court has interpreted the United States Constitution to construct laws regulating the actions of the law enforcement community. Under 'color of law', it is a crime for one or more persons using power given to him or her by a governmental agency (local, state or federal), to willfully deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. Enforcement of 'color of law' does not require that any racial, religious, or other discriminatory motive existed. Criminal acts under color of law include acts within and beyond the bounds or limits of lawful authority. Off-duty conduct may also be covered if official status is asserted in some manner. Color of law may include public officials and non-governmental employees who are not law enforcement officers such as judges, prosecutors, and private security guards.[1] Furthermore, in many states it is unlawful to falsely impersonate a police officer, a federal officer or employee, or any other public official or to use equipment used by law enforcement officers, such as flashing lights or a fake police badge. "Possession of a firearm also can enhance the penalty for false impersonation of a police officer."[2]

[edit] Color of office

Color of office refers to an act usually committed by a public official under the appearance of authority, but which exceeds such authority. An act committed under color of office is sometimes required to prove malfeasance in office.

[edit] Color of title

In property law, color of title refers to a claim to title which appears valid, but may be legally defective. Color of title may arise when there is evidence, such as a writing, suggesting valid legal title. The courts have ruled that Deeds are mere color of title; the actual title to Land is secured with an irrefutable instrument like a Land Patent, then when that Land is subsequently conveyed to another owner by a Deed, the Deed colors the Title to show the new owner. Thus, the chain of title from the Land Patent to the present may include many deeds, the actual Title remains with the Land Patent and lawful deeds show the chain of title to the present landowner. Because the ownership in land is a very specific thing requiring precise and proper transfers of ownership, in times past, people always required a certified abstract be provided with a deed to insure the deed was not merely a color of title fiction. Today, title companies offer 'title insurance' to secure such documents. Still, only a proper an lawful Title, like the Land Patent, provides actual Title to Land; and, only a proper and lawful chain of title (deeds etc.) from such a patent to the present can secure Land rights to the landowner.

[edit] Appropriation of name or likeness

Although this is a common-law tort, most states have enacted statutes that prohibit the use of a person’s name or image if used without consent for the commercial benefit of another person. A person's exclusive rights to control his or her name and likeness to prevent others from exploiting personal information without permission is protected in similar manner to a title or trademark action with the person's likeness and personal information, rather than the trademark or title, being the subject of the protection. [3]

The tort of false light involves a misappropriation or "major misrepresentation" of a person's "character, history, activities or belief."[4] In the United States, one who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability for invasion of privacy, if:

  1. The false light would be highly offensive to a reasonable person; and
  2. The actor acted with malice -- had reason to know of or acted with reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.

See Section 652E of the Restatement (Second) of Torts.

Public disclosure of private facts arises where one person reveals information which is not of public concern, and the release of which would offend a reasonable person[5].

[edit] References

  1. ^ Hate Crimes [1]
  2. ^ Impersonating a Police Officer [2]
  3. ^ Invasion of Privacy, Appropriation of Name or Likeness [3]
  4. ^ Gannett Co., Inc. v. Anderson, 2006 WL 2986459 at 3 (Fla. 1st DCA Oct. 20, 2006).
  5. ^ Common Law Privacy Torts