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Born Alive Rule
The born alive rule is a common law legal principle that holds that various criminal laws, such as homicide and assault, apply only to a child that is " born alive". U.S. courts have overturned this rule, citing recent advances in science and medicine, and in several states feticide statutes have been explicitly framed or amended to include fetuses in utero. Abortion in Canada is still governed by the born alive rule, as courts continue to hold to its foundational principles. In 1996, the Law Lords confirmed that the rule applied in English law but that alternative charges existed in lieu, such as a charge of unlawful or negligent manslaughter instead of murder.''Attorney General's Reference No 3 of 1994'' History The born alive rule was originally a principle at common law in England that was carried to the United States and other former colonies of the British Empire. First formulated by William Staunford, it was later set down by Edward Coke in his Institutes of the Laws of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder In English Law
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the Intention in English law, intention to cause either death or serious injury unlawfully. The element of intentionality was originally termed malice aforethought, although it required neither Malice (legal term), malice nor premeditation. Baker (''Glanville Williams Textbook of Criminal Law''; London: Sweet & Maxwell, 2015), chapter 14 states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in ''DPP v Hyam''. Because murder is generally defined in law as an intent to cause serious harm or injury (alone or with others), combined with a death arising from that intention, there are certain circumstances where a death will be treated as murder even if the defendant did not wish to kill the actual victim. This is called "transfer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human
Humans (''Homo sapiens'') are the most abundant and widespread species of primate, characterized by bipedalism and exceptional cognitive skills due to a large and complex brain. This has enabled the development of advanced tools, culture, and language. Humans are highly social and tend to live in complex social structures composed of many cooperating and competing groups, from families and kinship networks to political states. Social interactions between humans have established a wide variety of values, social norms, and rituals, which bolster human society. Its intelligence and its desire to understand and influence the environment and to explain and manipulate phenomena have motivated humanity's development of science, philosophy, mythology, religion, and other fields of study. Although some scientists equate the term ''humans'' with all members of the genus ''Homo'', in common usage, it generally refers to ''Homo sapiens'', the only extant member. Anatomically moder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fetal Viability
Fetal viability is the ability of a human fetus to survive outside the uterus. Medical viability is generally considered to be between 23 and 24 weeks Gestational age (obstetrics), gestational age. Viability depends upon factors such as birth weight, gestational age, and the availability of advanced medical care. In Developing country, low-income countries, half of newborns born at or below 32 weeks gestational age died due to a lack of medical access; in World Bank high-income economy, high-income countries, the vast majority of newborns born above 24 weeks gestational age survive. As of 2022, the world record for the lowest gestational age newborn to survive is held by Curtis Zy-Keith Means, who was born on 5 July 2020 in the United States, at 21 weeks and 1 day gestational age, weighing 420 grams. Definitions ''Viability'', as the word has been used in the United States constitutional law since ''Roe v. Wade'', is the potential of the fetus to survive outside the uterus after bi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fetal Development
Prenatal development () includes the development of the embryo and of the fetus during a viviparous animal's gestation. Prenatal development starts with fertilization, in the germinal stage of embryonic development, and continues in fetal development until birth. In human pregnancy, prenatal development is also called antenatal development. The development of the human embryo follows fertilization, and continues as fetal development. By the end of the tenth week of gestational age the embryo has acquired its basic form and is referred to as a fetus. The next period is that of fetal development where many organs become fully developed. This fetal period is described both topically (by organ) and chronologically (by time) with major occurrences being listed by gestational age. The very early stages of embryonic development are the same in all mammals, but later stages of development, and the length of gestation varies. Terminology In the human: Different terms are used to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pregnancy
Pregnancy is the time during which one or more offspring develops ( gestates) inside a woman's uterus (womb). A multiple pregnancy involves more than one offspring, such as with twins. Pregnancy usually occurs by sexual intercourse, but can also occur through assisted reproductive technology procedures. A pregnancy may end in a live birth, a miscarriage, an induced abortion, or a stillbirth. Childbirth typically occurs around 40 weeks from the start of the last menstrual period (LMP), a span known as the gestational age. This is just over nine months. Counting by fertilization age, the length is about 38 weeks. Pregnancy is "the presence of an implanted human embryo or fetus in the uterus"; implantation occurs on average 8–9 days after fertilization. An '' embryo'' is the term for the developing offspring during the first seven weeks following implantation (i.e. ten weeks' gestational age), after which the term ''fetus'' is used until birth. Signs an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eliza Armstrong Case
The Eliza Armstrong case was a major scandal in the United Kingdom involving a child supposedly bought for prostitution for the purpose of exposing the evils of white slavery. While it achieved its purpose of helping to enable the passage of the Criminal Law Amendment Act 1885, it also brought unintended consequences to its chief perpetrator, W. T. Stead. Background Since the middle of the 19th century, efforts by the Social Purity movement, led by early feminists such as Josephine Butler and others, sought to improve the treatment of women and children in Victorian society. The movement scored a triumph when the Contagious Diseases Acts were repealed under pressure due to their double standard nature and ultimate ineffectiveness. At the same time, the campaign had also turned towards the problem of prostitution, and with male power over women. By the end of the 1870s, this had become particularly focused on fears that British women were being lured—or abducted—to brothel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offences Against The Person Act 1828
The Offences Against the Person Act 1828 (9 Geo. 4 c. 31) (also known as Lord Lansdowne's Act) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions in the law related to offences against the person (an expression which, in particular, includes offences of violence) from a number of earlier statutes into a single Act. It was part of the criminal law reforms known collectively as " Peel's Acts", passed with the objective of simplifying the law. Among the laws it replaced was clause XXVI of ''Magna Carta'', the first time any part of ''Magna Carta'' was repealed, and the Buggery Act 1533. It also abolished the crime of petty treason. The Act only applied to England and Wales (then described as England). A similar statute was passed for Ireland the following year (10 Geo. 4 c. 34). A number of the Act's provisions were repealed and replaced by the Offences against the Person Act 1837. The death penalty for shooting, stabbing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Venerable Bede
Bede ( ; ang, Bǣda , ; 672/326 May 735), also known as Saint Bede, The Venerable Bede, and Bede the Venerable ( la, Beda Venerabilis), was an English monk at the monastery of St Peter and its companion monastery of St Paul in the Kingdom of Northumbria of the Angles (contemporarily Monkwearmouth–Jarrow Abbey in Tyne and Wear, England). Born on lands belonging to the twin monastery of Monkwearmouth–Jarrow in present-day Tyne and Wear, Bede was sent to Monkwearmouth at the age of seven and later joined Abbot Ceolfrith at Jarrow. Both of them survived a plague that struck in 686 and killed a majority of the population there. While Bede spent most of his life in the monastery, he travelled to several abbeys and monasteries across the British Isles, even visiting the archbishop of York and King Ceolwulf of Northumbria. He was an author, teacher (Alcuin was a student of one of his pupils), and scholar, and his most famous work, ''Ecclesiastical History of the English People ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ecclesiastical Courts
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than before the development of nation states. They were experts in interpreting canon law, a basis of which was the ''Corpus Juris Civilis'' of Justinian, which is considered the source of the civil law legal tradition. Catholic Church The tribunals of the Catholic Church are governed by the 1983 Code of Canon Law in the case of the Western Church (Latin Church), and the Code of Canons of the Eastern Churches in the case of the Eastern Catholic Churches (Byzantine, Ukrainian, Maronite, Melkite, etc.). Both systems of canon law underwent general revisions in the late 20th century, resulting in the new code for the Latin Church in 1983, and the compilation for the first time of the Eastern Code in 1990. First instance Cases normally originate in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leges Henrici Primi
The ''Leges Henrici Primi'' or ''Laws of Henry I'' is a legal treatise, written in about 1115, that records the legal customs of medieval England in the reign of King Henry I of England. Although it is not an official document, it was written by someone apparently associated with the royal administration. It lists and explains the laws, and includes explanations of how to conduct legal proceedings. Although its title implies that these laws were issued by King Henry, it lists laws issued by earlier monarchs that were still in force in Henry's reign; the only law of Henry that is included is the coronation charter he issued at the start of his reign. It covers a diverse range of subjects, including ecclesiastical cases, treason, murder, theft, feuds, assessment of danegeld, and the amounts of judicial fines. The work survives in six manuscripts that range in date from about 1200 to around 1330, belonging to two different manuscript traditions. Besides the six surviving manuscrip ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quickening
In pregnancy terms, quickening is the moment in pregnancy when the pregnant woman starts to feel the fetus' movement in the uterus. Medical facts The first natural sensation of quickening may feel like a light tapping or fluttering. These sensations eventually become stronger and more regular as the pregnancy progresses. Sometimes, the first movements are mis-attributed to gas or hunger pangs. A woman's uterine muscles, rather than her abdominal muscles, are first to sense fetal motion. Therefore, her body weight usually does not have a substantial effect on when movements are initially perceived. Women who have previously given birth have more relaxed uterine muscles which are more sensitive to fetal motion during subsequent pregnancies. For them fetal motion can sometimes be felt as early as 14 weeks. Usually, quickening occurs naturally at about the middle of a pregnancy. A woman pregnant for the first time (i.e., a primigravida woman) typically feels fetal movements at ab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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