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Make My Day Law
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws. Depending on the location, a person may have a duty to retreat to avoid violence if one can reasonably do so. Castle doctrines lessen the duty to retreat when an individual is assaulted within one's own home. Deadly force may either be justified, the burdens of production and proof for charges impeded, or an affirmative defense against criminal homicide applicable, in cases "when the actor reasonably fears ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intent (law)
In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing. Definitions Intent is defined in English law by the ruling in ''R v Mohan'' 976QB 1 as "the decision to bring about a prohibited consequence" (malum prohibitum). A range of words represents shades of ''intent'' in criminal laws around the world. The mental element, or ''mens rea'', of murder, for example, was historically called malice aforethought. In some jurisdictions transferred intent allows the prosecution for intentional murder if a death occurs in the course of committing an intentional felony. The intent for the felony is transferred to the killing in this type of situation. The language of "malice" is mostly abandoned and intent element of a crime, such as intent to kill, may exist without a malicious motive, or even with a benevolent motive, such as in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 part of "Monsieur", with the equivalent "My Lord" in English. Traditionally, as governed by law and custom, Sir is used for men titled as knights, often as members of orders of chivalry, as well as later applied to baronets and other offices. As the female equivalent for knighthood is damehood, the female equivalent term is typically Dame. The wife of a knight or baronet tends to be addressed as Lady, although a few exceptions and interchanges of these uses exist. Additionally, since the late modern period, Sir has been used as a respectful way to address a man of superior social status or military rank. Equivalent terms of address for women are Madam (shortened to Ma'am), in addition to social honorifics such as Mrs, Ms or Miss. Etymo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Semayne's Case
''Semayne's Case'' (January 1, 1604) 5 Coke Rep. 91, is an English common law case reported by Sir Edward Coke, who was then the Attorney General of England. In the United States, it is recognized as establishing the "knock-and-announce" rule. Facts Richard Gresham and George Berisford were joint tenants of a house in Blackfriars, London. Berisford died while in debt to Peter Semayne. Semayne then secured a civil writ of attachment on Berisford's goods, which were located inside the house. After the Sheriff of London was denied entry by Gresham, the sheriff offered to break and enter into the house. Instead, Semayne sued, bringing an action on the case against Gresham for his losses. Initially, the court could not reach a decision, with Lord Chief Justice John Popham and Lord Justice Francis Gawdy believing the sheriff could break and enter, while Lord Justices Edward Fenner and Christopher Yelverton insisting he could not. After the English coronation of King James VI and I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Common Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Numa Denis Fustel De Coulanges
Numa Denis Fustel de Coulanges (; 18 March 1830 – 12 September 1889) was a French historian. Joseph M. McCarthy argues that his first great book, '' The Ancient City'' (1864), was based on his in-depth knowledge of the primary Greek and Latin texts. The book argued that: :Religion was the sole factor in the evolution of ancient Greece and Rome, the bonding of family and state was the work of religion, that because of ancestor worship the family, drawn together by the need to engage in the ancestral cults, became the basic unit of ancient societies, expanding to the ''gens'', the Greek phratry, the Roman tribe, to the patrician city state, and that decline in religious belief and authority in the moral crisis provoked by Roman wealth and expansion doomed the republic and resulted in the triumph of Christianity and the death of the ancient city-state. Biography Born in Paris, of Breton descent, after studying at the École Normale Supérieure he was sent to the French School at Ath ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Republic
The Roman Republic ( la, Res publica Romana ) was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establishment of the Roman Empire, Rome's control rapidly expanded during this period—from the city's immediate surroundings to hegemony over the entire Mediterranean world. Roman society under the Republic was primarily a cultural mix of Latin and Etruscan societies, as well as of Sabine, Oscan, and Greek cultural elements, which is especially visible in the Roman Pantheon. Its political organization developed, at around the same time as direct democracy in Ancient Greece, with collective and annual magistracies, overseen by a senate. The top magistrates were the two consuls, who had an extensive range of executive, legislative, judicial, military, and religious powers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Culture
Leonardo da Vinci's ''Vitruvian Man''. Based on the correlations of ideal Body proportions">human proportions with geometry described by the ancient Roman architect Vitruvius in Book III of his treatise ''De architectura''. image:Plato Pio-Clemetino Inv305.jpg, upPlato, arguably the most influential figure in all of Western philosophy and has influenced virtually all of subsequent Western and Middle Eastern philosophy and theology. Western culture, also known as Western civilization, Occidental culture, or Western society, is the Cultural heritage, heritage of social norms, ethical values, traditional customs, belief systems, political systems, artifacts and technologies of the Western world. The term applies beyond Europe to countries and cultures whose histories are strongly connected to Europe by immigration, colonization or influence. Western culture is most strongly influenced by Greco-Roman culture, Germanic culture, and Christian culture. The expansion of Greek cul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew De Vries
Andrew is the English form of a given name common in many countries. In the 1990s, it was among the top ten most popular names given to boys in English-speaking countries. "Andrew" is frequently shortened to "Andy" or "Drew". The word is derived from the el, Ἀνδρέας, ''Andreas'', itself related to grc, ἀνήρ/ἀνδρός ''aner/andros'', "man" (as opposed to "woman"), thus meaning "manly" and, as consequence, "brave", "strong", "courageous", and "warrior". In the King James Bible, the Greek "Ἀνδρέας" is translated as Andrew. Popularity Australia In 2000, the name Andrew was the second most popular name in Australia. In 1999, it was the 19th most common name, while in 1940, it was the 31st most common name. Andrew was the first most popular name given to boys in the Northern Territory in 2003 to 2015 and continuing. In Victoria, Andrew was the first most popular name for a boy in the 1970s. Canada Andrew was the 20th most popular name chosen for male ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Yoshihiro Hattori
was a Japanese student on an exchange program to the United States who was shot to death in Baton Rouge, Louisiana. The shooting happened when Hattori, on his way to a Halloween party, went to the wrong house by mistake. Property owner Rodney Peairs () fatally shot Hattori, thinking that he was trespassing with criminal intent. The killing and Peairs' acquittal received worldwide attention. Hattori's early life Yoshihiro Hattori was born in Nagoya, Aichi Prefecture, Japan, the second of the three children of Masaichi Hattori, an engineer, and his wife Mieko Hattori. He was 16 years old when he went to Baton Rouge, Louisiana, United States, in August 1992 as part of the American Field Service (AFS) student exchange program; he had also received a scholarship from the Morita Foundation for his trip. Hattori was hosted as a homestay student in Baton Rouge by Richard and Holley Haymaker (a college professor and a physician, respectively) and their teenage son, Webb. Killing Two ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extrajudicial Punishment
Extrajudicial punishment is a punishment for an alleged crime or offense which is carried out without legal process or supervision by a court or tribunal through a legal proceeding. Politically motivated Extrajudicial punishment is often a feature of political repression, politically repressive regimes, but even self-proclaimed or internationally recognized democracies have been known to use extrajudicial punishment under certain circumstances. Although the legal use of capital punishment is generally decreasing around the world, individuals or groups deemed threatening—or even simply "undesirable"—to a government may nevertheless be targeted for punishment by a regime or its representatives. Such actions typically happen quickly, with security forces acting on a covert basis, performed in such a way as to avoid a massive public outcry and/or international criticism that would reflect badly on the state. Sometimes, the killers are agents outside the government. Cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pretext
A pretext (adj: pretextual) is an excuse to do something or say something that is not accurate. Pretexts may be based on a half-truth or developed in the context of a misleading fabrication. Pretexts have been used to conceal the true purpose or rationale behind actions and words. In US law, a pretext usually describes false reasons that hide the true intentions or motivations for a legal action. If a party can establish a prima facie case for the proffered evidence, the opposing party must prove that these reasons were "pretextual" or false. This can be accomplished by directly demonstrating that the motivations behind the presentation of evidence is false, or indirectly by evidence that the motivations are not "credible". In ''Griffith v. Schnitzer'', an employment discrimination case, a jury award was reversed by a Court of Appeals because the evidence was not sufficient that the defendant's reasons were "pretextual". That is, the defendant's evidence was either undisputed, or the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
