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License OR Franchise
Is the government treating a license like a franchise? And if it is a license then canI act as a foreign jurisdiction and issue one to myself? Please read what is a license. They probably should be issuing fachises.
CALIFORNIA JURISPRUDENCE 3rd Ed. (Rev) Part 2 (2002), FRANCHISES FROM GOVERNMENT BODIES
"Although a franchise is a special privilege conferred by government, not every such privilege is a franchise, particularly where the governmental body conferring the privilege is acting in its proprietary, rather than its governmental capacity. A right or privilege that is essential to the performance of the general function or purpose of the grantee, and that can be granted by the sovereignty alone, is a franchise, whereas a right or privilege that is not essential to the general function or purpose of the grantee, and is of a nature that a private party might grant a like right or privilege on his or her property, namely, a temporary or revocable permission to occupy or use a portion of some public ground, is a license and not a franchise. A license is not regarded as property in the ordinary sense and is not a contract, whereas a franchise is both. Moreover, a franchise is assignable, whereas a license, being a personal privilege, ordinarily is not. That a privilege is revocable without cause tends to show that it is a license or permit rather than a franchise, since the concept of franchise, while not requiring continuance in perpetuity, involves some degree of permanence and stablity."
Also try applying this rule: "ejusdem generis" to bring back the original language in your vehicle code.
Last edited by Codee : 06-19-2006 at 05:34 PM.
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