We must start with this question first because this is the bases of all actions in life. Whether you are at home, at school at work or compelled to go to court to protect or defend your rights.
Many don't know the difference and they use these words very loosely. As much water as there is on this earth you would think you should [as a naturally born species on this planet] have a God given right to have access and drink as much water as you need. Should this be a right given to you by the Most High Creator? For those with Souls, this question may be rhetorical but in light of the subject everyone deserves to have rights. Even those imprisoned. Yes, and even those locked up behind the prison walls. Think about it. There are many men and women locked up for not harming or doing any type of offense against anyone. Many people are locked up because their rights were taken away before the actual reason, situation or cause that brought them in court. The majority of the people are only operating under privileges.
Black's Law Dictionary 4th Edition:
RIGHT- In a narrower signification, an interest or title in an object of property; a just and legal claim to hold, use, or enjoy it, or to convey or donate it, as he may please. See Co. Litt. 345a.
The term "right," in civil society, is defined to mean that which a man is entitled to have, or to do, or to receive from others within the limits prescribed by law. Atehison & N. R. Co. v. Baty, 6 Neb. 40, 29 Am.Rep. 356.
Constitutional Law
There is also a classification of rights, with respect to the constitution of civil society. Thus, according to Blackstone, "the rights of persons, considered in their natural capacities, are of two sorts,—absolute and relative; absolute, which
are such as appertain and belong to particular men, merely as individuals or single persons; relative, which are incident to them as members of society, and standing in various relations to each
other." 1 Bl. Comm. 123. Johnson v. Johnson, 32 Ala. 637; People v. Berberrich, 20 Barb, (N. Y.) 224.
Rights are also classified in constitutional law as natural, civil, and political, to which there is sometimes added the class of "personal rights."
Natural rights are those which grow out of the nature of man and depend upon personality, as distinguished from such as are created by law and depend upon civilized society; or they are those which are plainly assured by natural law (Borden v. State, 11 Ark. 519, 44 Am.Dec. 217) ; or those which, by fair deduction from the present physical, moral, social, and religious characteristics of man, he must be invested with, and which he ought to have realized for him in a jural society,
in order to fulfill the ends to which his nature calls him. 1 Woolsey, Polit. Science, p. 26. Such are the rights of life, liberty, privacy, and good reputation. See Black, Const. Law (3d Ed.) 523.
Civil rights are such as belong to every citizen of the state or country, or, in a wider sense, to all its inhabitants, and are not connected with the organization or administration of government.
They include the rights of property, marriage, protection by the laws, freedom of contract, trial by jury, etc. Winnett v. Adams, 71 Neb. 817, 99
N.W. 681. Or, as otherwise defined, civil rights are rights appertaining to a person in virtue of his citizenship in a state or community. Rights capable of being enforced or redressed in a civil action. Also a term applied to certain rights secured to citizens of the United States by the thirteenth and fourteenth amendments to the constitution, and by various acts of congress made in
pursuance thereof. State of Iowa v. Railroad Co., C.C.Iowa, 37 F. 498, 3 L.R.A. 554; State v. Powers, 51 N.J.L. 432, 17 A. 969.
Political rights consist in the power to participate, directly or indirectly, in the establishment or administration of government, such as the right of citizenship, that of suffrage, the right to hold public office, and the right of petition. Black Const. Law (3d Ed.) 524; Winnett v. Adams, 71 Neb. 817, 99 N.W. 681.
Personal rights is a term of rather vague import, but generally it may be said to mean the
right of personal security, comprising those of
life, limb, body, health, reputation, and the right
of personal liberty.
RIGHT OF ACTION. The right to bring suit; a legal right to maintain an action, growing out of a given transaction or state of facts and based thereon. Hibbard v. Clark, 56 N.H. 155, 22 Am.
Rep. 442; Webster v. County Com'rs, 63 Me. 29.
By the old writers the phrase is commonly used to denote that a person has lost a right of entry, and has nothing but a right of action left. Co.Litt. 363b.
RIGHT OF HABITATION. In Louisiana. The right to occupy another man's house as a dwelling, without paying rent or other compensation. Civ.Code La. art. 627
RIGHT OF LOCAL SELF–GOVERNMENT. Power of citizens to govern themselves, as to matters purely local in nature, through officers of their own selection. City of Ardmore v. Excise Board of Carter County, 155 Oki. 126, 8 P.2d 2, 11.
RIGHT OF POSSESSION. Which may reside in one man, while another has the actual possession, being the right to enter and turn out such actual occupant; e. g., the right of a disseisee. An apparent right of possession is one which may be defeated by a better; an actual right of possession, one which will stand the test against all opponents. 2 Bl. Comm. 196; Cahill v. Pine Creek Oil Co., 38 Okl. 568, 134 P. 64, 65
RIGHT OF PROPERTY. The mere right of property in land; the abstract right which remains to
the owner after he has lost the right of possession, and to recover which the writ of right was given. United with possession, and the right of
possession, this right constitutes a complete title
to lands, tenements, and hereditaments. 2 Bl.
Comm. 197
RIGHT TO TRAVEL
The Right or Power of Locomotion; of changing one’s situation; or moving one’s person to whatsoever place one's own inclination may direct without imprisonment or restraint unless by due course of law. The Right of a citizen to Travel upon the public highways and to transport one’s property thereon, either by carriage or automobile, is not a mere privilege which a city may prohibit or permit at will but a common right which he / she has under the right to life, liberty, and the pursuit of happiness. Thompson v. Smith 154SE 579:
“No state shall convert a liberty into a privilege, license it, and attach a fee to it.” Murdock v. Penn., 319 US 105
“If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.” Shuttlesworth v. Birmingham, 373 US 262
“Traffic infractions are not a crime.”
People v. Battle, 50 Cal. App. 3,step 1, 123 Cal.Rptr. 636,639.
“Speeding, driving without a license, wrong plates or no plates, no
registration, no tags, etc., have been held to be “non-arrestable
offenses” (Cal V. Farley, 98 Cal. Rep. 89, 20 CA 3d 1032.
"The Right to Travel; The Right to Mode of Conveyance; The Right to
Locomotion are all absolute rights, and the police cannot make void the
exercise of Rights." State v. Armstead, 60 s. 778, 779, and 781:
RIGHT OF REDEMPTION. The right to disencumber property or to free it from a claim or
lien; specifically, the right (granted by statute only) to free property from the incumbrance of a
foreclosure or other judicial sale, or to recover the title passing thereby, by paying what is due, with interest, costs, etc. Not to be confounded with the "equity of redemption," which exists independently of statute but must be exercised before sale. Mayer v. Farmers' Bank, 44 Iowa 216; Millett v. Mullen, 95 Me. 400, 49 A. 871. Western Land & Cattle Co. v. National Bank of Arizona at Phoenix, 28 Ariz. 270, 236 P. 725, 726
RIGHT OF PRIVACY- The right to be let alone, the right of a person to be free from unwarranted publicity. Holloman v. Life Ins. Co. of Virginia, 192 S.C. 454, 7 S.E.2d 169, 171, 127 A.L.R. 110. The right of an individual (or corporation) to withhold himself and his property from public scrutiny, if he so chooses. It is said to exist only so far as its assertion is consistent with law or public policy, and in a proper case equity will interfere, if there is no remedy at law, to prevent an injury threatened by the invasion of, or infringement upon, this right from motives of curiosity, gain, or malice. Federal Trade Commission v. American Tobacco Co., 44 S.Ct. 336, 264 U.S. 298, 68 L.Ed. 696, 32 A.L.R. 786.
FURTHER DEFINITIONS AFFILIATED WITH THE WORDS PRIVATE AND PRIVACY
PRIVATE. Affecting or belonging to private individuals, as distinct from the public generally. Not official; not clothed with office. People v. Powell, 280 Mich. 699, 274 N.W. 372, 373, 111 A.L. R. 721.
As to private "Act," "Agent," "Bill," "Boundary," "Bridge," "Business," "Carrier," "Chapel," "Corporation," "Detective," "Dwelling House," "Easement," "Examination," "Ferry," "Nuisance," "Pond," "Property," "Prosecutor," "Rights," "Road," "Sale," "School," "Seal," "Statute,' "Stream," "Trust," "Water," "War," "Way," `Wharf," and "Wrongs," see those titles.
PRIVATE BILL OFFICE. An office of the British parliament where the business of securing private acts of parliament is conducted.
PRIVATE INTERNATIONAL LAW. A name used by some writers to indicate that branch of the law which is now more commonly called "Conflict of Laws" (q. v.).
PRIVATE LAW. As used in contradistinction to public law, the term means all that part of the
law which is administered between citizen and citizen, or which is concerned with the definition, regulation, and enforcement of rights in cases where both the person in whom the right inheres and the person upon whom the obligation is incident are private individuals. See Public Law.
PRIVATE PERSON. An individual who is not the incumbent of an office.
PRIVATE STREET. Literally speaking, this is an impossibility, for no way can be both private and a street. It may be one or the other, but not both. Greil v. Stollenwerck, 201 Ala. 303, 78 So.
79, 82.
PRIVATEER. A vessel owned, equipped, and armed by one or more private individuals, and duly commissioned by a belligerent power to go on cruises and make war upon the enemy, usually
by preying on his commerce. A private vessel commissioned by the state by the issue of a letter of marque to its owner to carry on all hostilities by sea, presumably according to the laws of war.
Formerly a 'state issued letters of marque to its own subjects, and to those of neutral states as well, but a privateersman who accepted letters of marque from both belligerents was regarded as a pirate. By the Declaration of Paris (April, 1856), privateering was abolished, but the United States, Spain, Mexico, and Venezuela did not accede to this declaration. It has been thought that the constitutional provision empowering Congress to issue letters of marque deprives it of the power to join in a permanent treaty abolishing privateering. 28 Am.L.Rev. 615; 24 Am.L.Rev. 902; 19 Law Mag. & Rev. 35.
___________________________________________VS____________________________________________
PRIVILEGE. A particular and peculiar benefit or advantage enjoyed by a person, company, or class, beyond the common advantages of other citizens.
An exceptional or extraordinary power or exemption. A right, power, franchise, or immunity held by a person or class, against or beyond the course of the law. Waterloo Water Co. v. Village of Waterloo, 193 N.Y.S. 360, 362, 200 App.Div. 718; Colonial Motor Coach Corporation v. City of Oswego, 215 N.Y.S. 159, 163, 126 Misc. 829; Cope v. Flanery, 234 P. 845, 849, 70 Cal.App. 738; Bank of Commerce & Trust Co. v. Senter, 260 S.W. 144, 147, 149 Tenn. 569; State v. Betts, 24 N.J.L. 557.
An exemption from some burden or attendance, with which certain persons are indulged, from a supposition of law that the stations they fill, or the offices they are engaged in, are such as require
all their time and care, and that, therefore, without this indulgence, it would be impracticable to execute such offices to that advantage which the public good requires. Dike v. State, 38 Minn. 366, 38 N.W. 95; International Trust Co. v. American L. & T. Co., 62 Minn. 501, 65 N.W. 78. State v. Gilman, 33 W.Va. 146, 10 S.E. 283, 6 L.R.A. 847. That which releases one from the performance of a duty or obligation, or exempts one from a liability which he would otherwise be required to perform, or sustain in common with all other persons. State v. Grosnickle, 189 Wis. 17, 206 N.W. 895, 896. A peculiar advantage, exemption, or immunity. Sacramento Orphanage & Children's Home v. Chambers, 25 Cal.Ap.p. 536, 144 P. 317, 319.
FURTHER DEFINITIONS PERTAINING TO PRIVILEGE:
Civil Law
A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. Civil Code La. art. 3186. It is merely an accessory of the debt which it secures, and falls with the extinguishment of the debt. A. Baldwin & Co. v. McCain, 159 La. 966, 106 So. 459, 460. The civil-law privilege became, by adoption of the admiralty courts, the admiralty lien. Howe, Stud. Civ. L. 89; The J. E. Rumbell, 148 U.S. 1, 13 S.Ct. 498, 37 L.Ed. 345.
Law of Libel and Slander
An exemption from liability for the speaking or publishing of defamatory words concerning another, based on the fact that the statement was made in the performance of a duty, political, judicial, social, or personal. Privilege is either absolute or conditional. The former protects the speaker or publisher without reference to his motives or the truth or falsity of the statement. This may be claimed in respect, for instance, to statements made in legislative debates, in reports of military officers to their superiors in the line of their duty, and statements made by judges, witnesses, and jurors in trials in court. Conditional privilege (called also "qualified privilege") will protect the speaker or publisher unless actual malice and knowledge of the falsity of the statement is shown. This may be claimed where the communication related to a matter of public interest, or where it was necessary to protect one's private interest and was made to a person having an interest in the same matter. Hill v. Drainage Co., 79 Hun, 335, 29 N.Y.S. 427; Cooley v. Galyon, 109 Tenn. 1, 70 S.W. 607, 60 L.R.A. 139, 97 Am.St.Rep. 823.
"Absolute privilege" is confined to cases in which the public service or the administration of justice requires complete immunity from being called to account for language used. Taber v. Aransas Harbor Terminal Ry., Tex. Civ.App., 219 S.W. 860, 861. It is based upon the theory that the publication of defamatory matter must be protected in the interest of and for the necessities of society, even though it be both false and malicious. Light Pub. Co. v. Huntress, Tex.Civ.App., 199 S.W. 1168, 1171.
"Qualified privilege" extends to all communications made in good faith upon any subject-matter in which the party communicating has an interest or in reference to which he has a duty to a person having a corresponding interest or duty, although the duty be not a legal one, but of a moral or social character of imperfect obligation and it arises from the necessity of full and unrestricted communication concerning a matter in which the parties have an interest or duty. Southern Ice Co. v. Black, 136 Tenn. 391, 189 S.W. 861, 863, Ann.Cas.1917E, 695.
Maritime Law
An allowance to the master of a ship of the same general nature with primage, being compensation, or rather a gratuity, customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge of such usage by the parties. 3 Chit. Commer. Law, 431,
Parliamentary Law
The right of a particular question, motion, ar statement to take precedence over all other business before the house and to be considered immediately, notwithstanding any consequent interference with or setting aside the rules of procedure adopted by the house. The matter may be one of "personal privilege," where it concerns one member of the house in his capacity as a legislator, or of the "privilege of the house," where it concerns the rights, immunities, or dignity of the entire body, or of "constitutional privilege," where it relates to some action to be taken or some order of proceeding expressly enjoined by the constitution.
General
Privilege from arrest. A privilege extended to certain classes of persons, either by the rules of international law, the policy of the law, or the necessities of justice or of the administration of
government, whereby they are exempted from arrest on civil process, and, in some cases, on criminal charges, either permanently, as 4n the case of a foreign minister and his suite, or temporarily, as in the case of members of the legislature, parties and witnesses engaged in a particular suit, etc. 1 Kent 243; 8 R. I. 43; 2 Stra. 985; 1 M. & W. 488; Parker v. Marco, 136 N.Y. 585, 32 N.E. 989, 20 L.R.A. 45, 32 Am.St.Rep. 770.
Privilege of transit. In railroading, the right of a shipper to have a car stopped at some intermediate point, the commodity shipped unloaded and treated or changed into some other form, and then reloaded and shipped to its destination as though it had been a continuous shipment and at the same rate as originally billed. Chicago, M. &
St. P. Ry. Co. v. Board of Railroad Com'rs, 47 S.D. 395, 199 N.W. 453, 454.
Privilege tax. A tax on the privilege of carrying on a business for which a license or franchise is required. Southeastern Express Co. v. City of Charlotte, 186 N.C. 668, 120 S.E. 475, 477; Gulf & Ship Island R. Co. v. Hewes, 183 U.S. 66, 22 S. Ct. 26, 46 L.Ed. 86.
Privileges and immunities. Within the meaning of the 14th amendment of the United States constitution, such privileges as are fundamental, which belong to the citizens of all free governments and which have at all times been enjoyed by citizens of the United States. La Tourette v. McMaster, 104 S.C. 501, 89 S.E. 398, 399. They are only those which owe their existence to the federal government, its national character, its Constitution, or its laws. Ownbey v. Morgan, 256 U. S. 94, 41 S.Ct. 433, 65 L.Ed. 837, 17 A.L.R. 873; Prudential Ins. Co. of America v. Cheek, 25 U.S. 530, 42 S.Ct. 516, 520, 66 L.Ed. 1044, 27 A.L.R. 27; Rosenthal v. New York, 33 S.Ct. 27, 226 U.S. 260, 57 L.Ed. 212, Ann.Cas.1914B, 71.
Right to Reserve your Rights preserved under united states Constitution [Bill of Rights]
UNITED STATES CONSTITUTION [Corporate Bill of Rights] International law, Treaty's and Conventions, UCC 1-308 Reservation of Rights.
Uniform Commercial Code which each State have adopted in there legislature. Ex. Texas Business and Commerce Code- Negotiable Instruments.
YOU HAVE A PRIVILEGE TO DRIVE, A PRIVILEGE TO FISH BUT A RIGHT TO CONTRACT!
