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R V Instan
''R v. Instan'' (1893) 1 QB 450 is an English criminal law manslaughter binding decision, confirming how the ''actus reus'' of that offence can be one of inactive negligence (that is, neglect), as the common law is deemed by analogy (abstraction) to impose a basic duty of care onto an adult who voluntarily undertakes the regular care of another. Here, the patient was a relative, had known-to-the defendant gangrene and had in her home the funds for food to maintain both parties. Its jurisprudential explanations for how the common law is arrived at by such a research and analysis process, not in a vacuum, but rather by reference to strong moral obligations has been widely cited by other leading decisions. It is one of the many appeal-level decisions which inform the variety of acts and omissions sufficient to amount to the offence of gross negligence manslaughter, which subtly changes very slightly as society's codes of morality and professional contexts evolve. Facts The defen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forfeiture (law)
In modern U.S. usage, forfeiture is deprivation or destruction of a right in consequence of the non-performance of some obligation or condition. It can be accidental, and therefore is distinguished from waiver; ''see waiver and forfeiture.'' Overview Historically, forfeiture of a convict's land and other assets followed on from conviction for certain serious offences (and thus resulted from criminal activity rather than from a failure to act). A striking illustration of the practical effects of this rule is Giles Corey’s refusal to plead, in the Salem Witch Trials, instead dying under ''peine forte et dure''. By refusing to plead he avoided the jurisdiction of the court and thus avoided conviction and the consequent forfeiture of his estate. Instead it passed to his sons. Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1893 In Case Law
Events January–March * January 2 – Webb C. Ball introduces railroad chronometers, which become the general railroad timepiece standards in North America. * Mark Twain started writing Puddn'head Wilson. * January 6 – The Washington National Cathedral is chartered by Congress; the charter is signed by President Benjamin Harrison. * January 13 ** The Independent Labour Party of the United Kingdom has its first meeting. ** U.S. Marines from the ''USS Boston'' land in Honolulu, Hawaii, to prevent the queen from abrogating the Bayonet Constitution. * January 15 – The ''Telefon Hírmondó'' service starts with around 60 subscribers, in Budapest. * January 17 – Overthrow of the Kingdom of Hawaii: Lorrin A. Thurston and the Citizen's Committee of Public Safety in Hawaii, with the intervention of the United States Marine Corps, overthrow the government of Queen Liliuokalani. * January 21 ** The Cherry Sisters first perform in Marion, Iowa. ** The Tat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1893 In England
Events January–March * January 2 – Webb C. Ball introduces railroad chronometers, which become the general railroad timepiece standards in North America. * Mark Twain started writing Puddn'head Wilson. * January 6 – The Washington National Cathedral is chartered by Congress; the charter is signed by President Benjamin Harrison. * January 13 ** The Independent Labour Party of the United Kingdom has its first meeting. ** U.S. Marines from the ''USS Boston'' land in Honolulu, Hawaii, to prevent the queen from abrogating the Bayonet Constitution. * January 15 – The ''Telefon Hírmondó'' service starts with around 60 subscribers, in Budapest. * January 17 – Overthrow of the Kingdom of Hawaii: Lorrin A. Thurston and the Citizen's Committee of Public Safety in Hawaii, with the intervention of the United States Marine Corps, overthrow the government of Queen Liliuokalani. * January 21 ** The Cherry Sisters first perform in Marion, Iowa. ** The Tat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Negligence
In criminal law, criminal negligence is a surrogate state of mind required to constitute a ''conventional'' (as opposed to ''strictly liable'') offense. It is not, strictly speaking, a (Law Latin for "guilty mind") because it refers to an objective standard of behaviour expected of the defendant and does not refer to their mental state. Concept To constitute a crime, there must be an ''actus reus'' (Latin for "guilty act") accompanied by the ''mens rea'' (see concurrence). Negligence shows the least level of culpability, intention being the most serious, and recklessness being of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences. Recklessness is usually described as a "malfeasance" where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gross Negligence Manslaughter
In the English law of homicide, manslaughter is a less serious offence than murder in English law, murder, the differential being between levels of fault based on the ''mens rea'' (Latin for "guilty mind") or by reason of a partial defence. In England and Wales, a common practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option (see alternative verdict). The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter. On conviction for manslaughter, sentencing is at the judge's discretion, whereas a sentence of life imprisonment is mandatory on conviction for murder. Manslaughter may be either ''voluntary'' or ''involuntary'', depending on whether the accused has the required ''mens rea'' for murder. Voluntary manslaughter ''Voluntary manslaughter'' occurs when the defendant kills with ''mens rea'' (an intention (criminal law), intention to kill or cause grievous bodily harm), but one of tho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homicide In English Law
English law contains homicide offences – those acts involving the death of another person. For a crime to be considered homicide, it must take place after the victim's legally recognised birth, and before their legal death. There is also the usually uncontroversial requirement that the victim be under the "Queen's peace". The death must be causally linked to the actions of the defendant. Since the abolition of the year and a day rule, there is no maximum time period between any act being committed and the victim's death, so long as the former caused the latter. There are two general types of homicide, murder and manslaughter. Murder requires an intention to kill or an intention to commit grievous bodily harm. If this intention is present but there are certain types of mitigating factors – loss of control, diminished responsibility, or pursuance of a suicide pact – then this is voluntary manslaughter. There are two types of involuntary manslaughter. Firstly, it m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Offence
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute. Australia Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level.History of Australian Criminal Law Parliament of Australia Library The , the |
Judicial Activism
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English 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 la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
