Color (law)
Encyclopedia
In U.S. law, the term color of denotes the “mere semblance of legal right”, the “pretense or appearance of” right; hence, an action done under color of law colors (adjusts) the law to the circumstance, yet said apparently legal action contravenes the law.
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 lawful. When police act outside their lawful authority and violate the civil rights of a citizen, the FBI
is tasked with investigating.
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 forced vaccinations for school aged children under threat of expulsion or placing the child's parents under arrest where no law exists to do so. 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. 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."
.
, 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 and 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.
However, even with land secured by patent, the proper grant of title can be implied by adverse possession
, which is the basis for claims exemplified in Torrens title
. The Torrens system operates on the principle of "title by registration", in which the act of registering an interest in land in a state-operated registry
creates an indefeasible title in the registrant, which, like the land patent, can be challenged only in very limited circumstances.
or trademark
action with the person's likeness and personal information, rather than the trademark or title, being the subject of the protection.
The tort of false light
involves a misappropriation or "major misrepresentation" of a person's "character, history, activities or belief." Some bodies of law also explicitly mention the estate
of a person; false claims of nobility are most common. 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:
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.
Color of law
Color of law refers to an appearance of legal power to act but which may operate in violation of law. For example, though a police officerPolice officer
A police officer is a warranted employee of a police force...
acts with the "color of law" authority to arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
someone, if such an arrest is made without probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
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 lawful. When police act outside their lawful authority and violate the civil rights of a citizen, the FBI
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
is tasked with investigating.
The Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
has interpreted the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
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 forced vaccinations for school aged children under threat of expulsion or placing the child's parents under arrest where no law exists to do so. 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. 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."
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 serving as act committed under color of office is sometimes required to prove malfeasance in officeMalfeasance in office
Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election.An exact...
.
Color of title
In property lawProperty law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
, color of title refers to a claim to title
Title (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...
which appears valid, but may be legally defective. Color of title may arise when there is evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that 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
Land patent
A land patent is a land grant made patent by the sovereign lord over the land in question. To make a such a grant “patent”, such a sovereign lord must document the land grant, securely sign and seal the document and openly publish the same to the public for all to see...
, 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
Title insurance
Title insurance is a form of indemnity insurance predominantly found in the United States which insures against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage liens. Title insurance is principally a product developed and sold in the...
to secure such documents. Still, only a proper and 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.
However, even with land secured by patent, the proper grant of title can be implied by adverse possession
Adverse possession
Adverse possession is a process by which premises can change ownership. It is a common law concept concerning the title to real property . By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true...
, which is the basis for claims exemplified in Torrens title
Torrens title
Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register...
. The Torrens system operates on the principle of "title by registration", in which the act of registering an interest in land in a state-operated registry
Land registration
Land registration generally describes systems by which matters concerning ownership, possession or other rights in land can be recorded to provide evidence of title, facilitate transactions and to prevent unlawful disposal...
creates an indefeasible title in the registrant, which, like the land patent, can be challenged only in very limited circumstances.
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 titleTitle (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...
or trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
action with the person's likeness and personal information, rather than the trademark or title, being the subject of the protection.
The tort of false light
False light
False light is a legal term that refers to a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to privacy from publicity which puts them in a false light to the public; which is balanced against the First...
involves a misappropriation or "major misrepresentation" of a person's "character, history, activities or belief." Some bodies of law also explicitly mention the estate
Estates of the realm
The Estates of the realm were the broad social orders of the hierarchically conceived society, recognized in the Middle Ages and Early Modern period in Christian Europe; they are sometimes distinguished as the three estates: the clergy, the nobility, and commoners, and are often referred to by...
of a person; false claims of nobility are most common. 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:
- The false light would be highly offensive to a reasonable person; and
- The actor acted with maliceMalice (legal term)Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being...
—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
Restatement of the Law
In American jurisprudence, the Restatements of the Law are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law...
.
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.