Usurpation definition
Usurpation means taking someone’s power or property by force.
Usurpation generally means the unlawful seizure and assumption of another‟s position, office or authority.30 By way of example, where an officer becomes disqualified to hold his or her office, he or she becomes a usurper of the office and the cause of action for ouster by quo warranto becomes appropriate.31 In this context, courts take the qualifications for office quite seriously and literally. Whether a candidate is qualified for office is determined as of the date of the election, and where there is a length of practice or licensure requirement, a deficiency of even a few short days may not be disregarded by a court as legally inconsequential.32 Another qualification — residency — generally is a matter to be judicially decided in a quo warranto suit, not by a political party‟s executive committee.33 Also, quo warranto is the proper remedy when a question arises about whether a candidate for office who received the majority of votes in the general election is eligible to be certified as winner of the election.34 It may apply on the back end of a term, as well. Quo warranto is the proper remedy to oust a “holdover”35 officer who fails to qualify for a successive term of office, but refuses to vacate the office because of his or her “holdover” status.36 Similarly, a quo warranto suit against a “holdover” officer may be maintained even if the officer resigns, since the “holdover” provision operates to keep the officer in place until his or her successor is elected or appointed, qualifies and takes office.37 Importantly, though, a “holdover” officer who does not refuse to leave office is not considered to be a usurper.38 This can be significant if judgment is entered, since a fine can be imposed on an officer for usurping, intruding into or unlawfully holding and executing an office.39 That an officer may escape “usurper” status doesn‟t necessarily mean he or she gets a pass to stay put, though. Quo warranto is available when a public officer forfeits or vacates his or her office.40 Those situations usually arise when an officer fails to comply with a self-executing constitutional or statutory provision, such as a residency or licensing requirement.41
Usurpation should be clearly defined in the Agreement, as the current wording of the Agreement does not provide effectively the scope of protection granted to the AO. We therefore believe that leaving the definition of these concepts to the national legislator / enforcer may lead to situations of unequal protection of the AO in different countries, a situation that we strongly believe should be avoided. We therefore require a definition of the scope of protection for AO, by means of defining these concepts or other means that shall be considered as appropriate. We therefore believe that the Portuguese legislation adequately establishes the protection granted to AO, so we transcribe the relevant articles so that they can serve as an example and basis for discussion on this point. Article 312: ”Rights granted by registration:
Examples of Usurpation in a sentence
Usurpation of another’s position shall only occur within an employer.