Public Rights
Public Rights:
- Mean rights which may be exercised EXCLUSIVELY by an officer or agency of the government
- Are legislatively created or granted by government and revocable at any time at the whim of the legislature.
- Attach to a “status” under a franchise agreement or the civil laws that implement it. Examples:
- Are protected by statutory law and NOT the common law.
- Are litigated usually in franchise courts rather than common law courts
Synonyms for Public rights
- “public office”
- “trade or business” : Defined in 16 U.S.C. 7701 (a)(26) as “the functions of a public office” for the purpose of income taxation.
- “publici juris”
- “privilege”
- “Excise taxable privilege”
- “Congressionally created right”
- “License”
- “Social Security Number” or “Taxpayer Identification Number”: A de facto license to represent a public office in the de facto government