Force Used to Protect Land
Matthew Martinez, mund over ancestral property, used reasonable force to stop trespassers from carrying away timber. The justification rested on the belief that the land remained in his protective custody.
Also known as: mundium · munds · mundium's · guardianship · protection · mundbyrd
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A historical right to protection or guardianship.
The guardian who holds that right.
Each sense below has its own examples, sources, and questions.
A historical right to protection or guardianship.
Select any source to read its text and confirm it supports the definition.
The guardian who holds that right.
Select any source to read its text and confirm it supports the definition.
Matthew Martinez, mund over ancestral property, used reasonable force to stop trespassers from carrying away timber. The justification rested on the belief that the land remained in his protective custody.
It denotes a right to protection or guardianship and can also refer to the person who holds that right.
Supporting sources
Mund originated in Old English law as a broad protective authority tied to feudal and familial structures rather than the statutory frameworks that govern contemporary guardianships.
Supporting sources
The term appears only in historical contexts and is no longer part of active American jurisprudence.
Supporting sources
Mason McCarthy, acting as mund for his minor ward, challenged a state law that denied the ward equal access to public benefits. The court applied the citizenship and equal protection guarantees to uphold the mund's authority to seek relief on the ward's behalf.
Marco Marquez, serving as mund for an incapacitated client, sought discovery of opposing counsel's notes. The court ordered limited production but required protection of the attorney's mental impressions under the work-product rule.
Miles Montgomery, mund for a protected heir, inadvertently produced privileged documents during discovery. Because reasonable steps had been taken to prevent disclosure, the court ruled the protection remained intact.
Maurice Marshall, mund for an elderly relative, failed to secure the ward's property against known hazards. The court measured his conduct against the legal standard for protecting others from unreasonable risk of harm.
Mariam Mansour, mund for a defendant facing trial, objected when the prosecutor struck jurors on racial grounds. The court required a race-neutral explanation and evaluated whether purposeful discrimination had occurred.
…violated do the laws afford him a remedy? The essence of civil liberty consists in the right of every individual to claim the protection of the laws whenever he receives an injury. It is a general rule that where there is a legal right there is also a legal remedy by suit or action at law. The government of the United States…