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Deodand
A deodand is a thing forfeited or given to God, specifically, in law, an object or instrument that becomes forfeited because it has caused a person's death. The English common law of deodands traces back to the 11th century and was applied, on and off, until Parliament abolished it in 1846. Under this law, a chattel (i.e. some personal property, such as a horse or a haystack) was considered a deodand whenever a coroner's jury decided that it had caused the death of a human being. In theory, deodands were forfeited to the crown, which was supposed to sell the chattel and then apply the profits to some pious end.Sir Edward Coke (1669) The term deodand derives from the Latin phrase "deo dandum", which means "to be given to God." In reality, the juries who decided that a particular animal or object was a deodand also appraised its value, and the owners were expected to pay a fine equal to the value of the deodand. If the owner could not pay the deodand, his township was held respons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deodands Act 1846
The Deodands Act 1846 (9 & 10 Vict, c.62) was an Act of Parliament of the Parliament of the United Kingdom, that abolished the ancient remedy of deodands. Background By the early nineteenth century, the ancient remedy of deodands had largely fallen into desuetude. However, during the 1830s the rapid development of the railways led to increasing public hostility to the epidemic of railway deaths and the indifferent attitudes of the railway companies. Under the common law of England and Wales, the death of a person causes purely emotional and pure economic loss to their relatives. In general, damages cannot be recovered for either type of damage, only for physical damage to the claimant or their property, and families of fatal accident victims had no claim. This was the rule declared by the court in ''Baker v. Bolton'' (1808).(1808) 1 Camp 493. As a result, coroners' juries started to award deodands as a way of penalising the railways. The railway accident at Sonning Cutting ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fatal Accidents Act 1846
The Fatal Accidents Act 1846 (9 & 10 Vict. c.93), commonly known as Lord Campbell's Act, was an Act of the Parliament of the United Kingdom, that, for the first time in England and Wales, allowed relatives of people killed by the wrongdoing of others to recover damages. Background Under the common law of England and Wales, the death of a person causes solely emotional and pure economic loss to their relatives. In general, damages cannot be recovered for either type of damage, only for physical damage to the claimant or their property. This was the rule declared by the court in '' Baker v. Bolton'' (1808). Scottish law was different in that the court could grant a solatium in acknowledgment of the family's grief. Thus, if a person was injured through a tort, the wrongdoer would be liable for causing injury. If the person were killed, there would be no liability. Perversely, the wrongdoer had a financial interest in killing, rather than injuring, a victim. However, during th ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal (law)
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1847 In British Law
Events January–March * January 4 – Samuel Colt sells his first revolver pistol to the U.S. government. * January 13 – The Treaty of Cahuenga ends fighting in the Mexican–American War in California. * January 16 – John C. Frémont is appointed Governor of the new California Territory. * January 17 – St. Anthony Hall fraternity is founded at Columbia University, New York City. * January 30 – Yerba Buena, California, is renamed San Francisco. * February 5 – A rescue effort, called the First Relief, leaves Johnson's Ranch to save the ill-fated Donner Party (California-bound emigrants who became snowbound in the Sierra Nevada earlier this winter; some have resorted to survival by cannibalism). * February 22 – Mexican–American War: Battle of Buena Vista – 5,000 American troops under General Zachary Taylor use their superiority in artillery to drive off 15,000 Mexican troops under Antonio López de Santa Anna, defeating the Mexicans the next day. * Fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History Of England
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdiction ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christian Law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law. Etymology Greek / grc, κανών, Arabic / , Hebrew / , 'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the English wo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Legal Terminology
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Vermont
The Constitution of the State of Vermont is the fundamental body of law of the U.S. state of Vermont, describing and framing its government. It was adopted in 1793 following Vermont's admission to the Union in 1791 and is largely based upon the 1777 Constitution of the Vermont Republic which was drafted at Windsor in the Old Constitution House and amended in 1786. At 8,295 words, it is the shortest U.S. state constitution. History 1777 From 1777 to 1791, Vermont was an independent country, often referred to in the present day as the Vermont Republic. During that time it was usually called the State of Vermont but sometimes called the Commonwealth of Vermont or the Republic of Vermont. Its first constitution, drafted in 1777, was among the most far-reaching in guaranteeing personal freedoms and individual rights. In particular, it banned adult slavery, saying male slaves become free at the age of 21 and females at 18. The 1777 constitution's Declaration of Rights of the I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of New Hampshire
The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776. The constitution is divided into two parts: a Bill of Rights and a Form of Government. Subsections of each part are known as articles. For example, the subsection dealing with free speech and liberty of the press is cited as "Part I, Article 22" or "Pt. I, Art. 22." Part I – Bill of Rights Part First of the constitution is made up of 43 articles, codifying many of the same natural rights as does the United States Constitution, including free speech, freedom of the press, jury trials, freedom of religion, and the right to bear arms. It protects citizens against double jeopardy, unreasonable searches and seizures, and being required to quarter soldiers. In most cases, the state constitution affords more specific protections than the U.S. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Common Law (Holmes)
''The Common Law'' is a book that was written by Oliver Wendell Holmes Jr. in 1881, 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. It has gone out of copyright and is available in full on the web at Project Gutenberg. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience." Holmes's pronouncement is a subtle qualification of a dictum by the famous seventeenth-century English jurist Sir Edward Coke ''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as ...: "Reason is the life of the law."E Coke, ''Commentary Up ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Forfeiture
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This applies, but is not limited, to terrorist activities, drug-related crimes, and other criminal and even civil offenses. Some jurisdictions specifically use the term "confiscation" instead of forfeiture. The alleged purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization. Civil and criminal law Legal systems distinguish between criminal and civil proceedings. Criminal prosecutions regulate crimes against society as a whole or against the government. Penalties for conviction of a violation of a criminal law typically include being sent to prison, jail or some other form of incarceration. Civil litigation involves disputes either betw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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