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Damnum Iniuria Datum
''Damnum iniuria datum'' was a delict of Roman law relating to the wrongful damage to property. It was created by the Lex Aquilia in the third century BC, and consisted of two parts: chapter one, which dealt with the killing of another's slave or certain types of animal; and chapter three which related to other types of property. It was widely extended both by reference to the words of the statute themselves and by the Praetor. Like similar concepts in the modern law, it had to deal with changes in the way negligence was dealt with, issues of omission, and those of causation. Basic form ''Damnum iniuria datum'' can be considered wrongful damage to property. The law of the Empire on this topic is mainly based on the Lex Aquilia, of which the date is uncertain, but earlier than the introduction of the contract of mandate. It does not seem that, as the Institutes rather suggest, and the Digest actually says, it superseded earlier provisions as matter of law, but it was of overwhel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delict
Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct. In Scots and Roman Dutch law, it always refers to a tort, which can be defined as a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (''culpa'') is the main element of liability. The term is similarly used in a handful of other English speaking jurisdictions which derive their private law from French or Spanish law, such as Louisiana and the Philippines, but ''tort'' is the equivalent legal term used in common law jurisdictions and in general discu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Aquilia
The ''lex Aquilia'' was a Roman law which provided compensation to the owners of property injured by someone's fault, set in the 3rd century BC, in the Roman Republic. This law protected Roman citizens from some forms of theft, vandalism, and destruction of property. The provisions of the Lex Aquilia The ''lex Aquilia'' (strictly, a plebiscite) was possibly enacted in 286 BC, or at some other point in the 3rd century BC. It was concerned with damage done from ''damnum iniuria datum'', "damage unlawfully inflicted", a kind of a delict (or tort), albeit with differences from tort as known in modern common law systems and the Scots Law of Delict. The most pertinent provisions were in the first and third chapters of the law. Only a limited subset of torts was included in the law as enacted. The first section stated that someone who unlawfully, or wrongfully as it later became known, killed another man's slaves or herd animal (''pecus'') should pay the owner the highest value that th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Praetor
Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge various duties. The functions of the magistracy, the ''praetura'' (praetorship), are described by the adjective: the ''praetoria potestas'' (praetorian power), the ''praetorium imperium'' (praetorian authority), and the ''praetorium ius'' (praetorian law), the legal precedents established by the ''praetores'' (praetors). ''Praetorium'', as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his '' castra'', the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship. History of the title The status of the ''praetor'' in the early republic is unclear. The traditional account from Livy claims that the praetorship was created by the Sextian-Licinian Rogatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Omission (criminal Law)
In law, an omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an '' actus reus'' and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. In tort law, similarly, liability will be imposed for an omission only exceptionally, when it can be established that the defendant was under a duty to act or duty of care. Criminal law In the criminal law, at common law, there was no general duty of care owed to fellow citizens. The traditional view was encapsulated in the example of watching a person drown in shallow water and making no rescue effort, where commentators borrowed the line, "Thou shalt not kill but needst not strive, officiously, to keep another alive." ( Arthur Hugh Clough (1819–1861)) in support of the proposition that the failure to act does not attract criminal liability. Nevertheless, such failures might be mora ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Causation (law)
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the '' actus reus'' (an action) from which the specific injury or other effect arose and is combined with '' mens rea'' (a state of mind) to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Background concepts Legal systems more or less try to uphold the notions of fairness and justice. If a state is going to penalize a person or require that person pay compensation to another for losses incurred, liability is imposed according to the idea that those who injure others should take responsibility for their actions. Although some parts of any legal system will have qualities of strict liability, in which the '' mens rea'' is immaterial to the result and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Empire
The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterranean Sea in Europe, North Africa, and Western Asia, and was ruled by emperors. From the accession of Caesar Augustus as the first Roman emperor to the military anarchy of the 3rd century, it was a Principate with Italia as the metropole of its provinces and the city of Rome as its sole capital. The Empire was later ruled by multiple emperors who shared control over the Western Roman Empire and the Eastern Roman Empire. The city of Rome remained the nominal capital of both parts until AD 476 when the imperial insignia were sent to Constantinople following the capture of the Western capital of Ravenna by the Germanic barbarians. The adoption of Christianity as the state church of the Roman Empire in AD 380 and the fall of the Western ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actio Doli
Pronuntiatio was the discipline of delivering speeches in Western classical rhetoric. It is one of the five canons of classical rhetoric (the others being inventio, dispositio, elocutio, and memoria) that concern the crafting and delivery of speeches. In literature the equivalent of ancient ''pronuntiatio'' is the recitation of epics (Aris. Po. 26.2.). As with ''memoria'', the canon that dealt with the memorization of speeches, ''pronuntiatio'' was not extensively written about in Classical texts on rhetoric. Its importance declined even more, once the written word became the focus of rhetoric, although after the eighteenth century it again saw more interest in the works of men such as Gilbert Austin. Rhetoricians laid down guidelines on the use of the voice and gestures (''actio'') in the delivery of oratory. There were instructions on the proper modulation of the voice (volume and pitch), as well as the phrasing, pace, and emphasis of speech. Also covered were the physical aspect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duplex Contra Infitiantem
Duplex (Latin, 'double') may refer to: Arts and entertainment * ''Duplex'' (film), or ''Our House'', a 2003 American black comedy film * Duplex (band), a Dutch electronic music duo * Duplex (Norwegian duo) * Duplex!, a Canadian children's music band * ''The Duplex'', an American comic strip by Glenn McCoy * ''The Duplex'' (film), a 2015 Nigerian film Places * Duplex, Tennessee, U.S. * Duplex, Texas, U.S. Science and technology * ''Duplex'' (moth), a genus of moths in the family Erebidae * Nucleic acid double helix, a double-stranded molecule of DNA or RNA * Duplex (telecommunications), communications in both directions simultaneously * Duplex (typography), a Linotype technique * Duplex ultrasonography, a medical imaging technique * Google Duplex, an extension of Google Assistant Transportation * Duplex (automobile), an early car built in Canada in 1923 * Duplex locomotive, a type of steam locomotive * TGV Duplex, a French high-speed train of the TGV family featuring bi-le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Praetor
Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge various duties. The functions of the magistracy, the ''praetura'' (praetorship), are described by the adjective: the ''praetoria potestas'' (praetorian power), the ''praetorium imperium'' (praetorian authority), and the ''praetorium ius'' (praetorian law), the legal precedents established by the ''praetores'' (praetors). ''Praetorium'', as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his '' castra'', the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship. History of the title The status of the ''praetor'' in the early republic is unclear. The traditional account from Livy claims that the praetorship was created by the Sextian-Licinian Rogatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usufruct
Usufruct () is a limited real right (or ''in rem'' right) found in civil-law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''use'') is the right to use or enjoy a thing possessed, directly and without altering it. * '' Fructus'' (''fruit'', in a figurative sense) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on. A usufruct is either granted in severalty or held in common ownership, as long as the property is not damaged or destroyed. The third civilian property interest is ''abusus'' (literally ''abuse''), the right to alienate the thing possessed, either by consuming or destroying it (e.g., for profit), or by transferring it to someone else (e.g., sale, exchange, gift). Someone enjoying all three rights has full ownership. Generally, a usufruct is a system in which a person or group of persons uses the real property ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
