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State V. Leidholm
''State v. Leidholm'', Supreme Court of North Dakota, 334 N.W.2d 811 (1983), is a criminal law case distinguishing the subjective and objective standard of reasonableness in a case where a battered woman used self-protection as a defense.Criminal Law Cases and Materials, 7th ed. 2012, John Kaplan, Robert Weisberg, Guyora Binder Janice Leidholm had killed her husband near Washburn, North Dakota and claimed self defense. The case clarifies between the defenses of justification and excuse Justification and excuse are different defenses in a criminal case.Criminal Law Cases and Materials, 7th ed. 2012, John Kaplan, Robert Weisberg, Guyoris the a Binder Both defenses admit that the defendant committed an act proscribed by law. The pr .... The case overturned Janice Leidholm’s prior conviction regarding her husband’s death.Dubber, Markus, and Hörnle, Tatjana. ''Criminal Law: A Comparative Approach''. United Kingdom, OUP Oxford, 2014. Page 445. References North Dako ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North Dakota Supreme Court
The North Dakota Supreme Court is the highest court of law in the state of North Dakota. The Court rules on questions of law in appeals from the state's district courts. Each of the five justices are elected on a no-party ballot for ten year terms, arranged such that one seat is contested every two years. The Chief Justice is elected from the Justices every five years (or upon vacancy) by vote of the Supreme Court justices and the District Court judges. The Supreme Court is empowered to constitute a Court of Appeals consisting of a three-member panel chosen from active and retired District Court judges, retired Supreme Court justices, and lawyers. The Court of Appeals only hears cases specifically assigned to it by the Supreme Court, which is done only infrequently. Under Article 6, Section 4 of the North Dakota Constitution, The North Dakota Supreme Court "shall not declare a legislative enactment unconstitutional unless at least four of the members of the court so decide." ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subjective And Objective Standard Of Reasonableness
In law, subjective standard and objective standards are legal standards for knowledge or beliefs of a plaintiff or defendant.Quimbe Legal Definitions, ''"Subjective standard of reasonableness"'', Definition - A standard that assesses the reasonableness of a defendant’s actions based on what the defendant perceived."/ref> State v. Leidholm, Supreme Court of North Dakota, 334 N.W.2d 811 (1983) An objective standard of reasonableness ascertains the knowledge of a person by viewing a situation from the standpoint of a hypothetical reasonable person, without considering the particular physical and psychological characteristics of the defendant. A subjective standard of reasonableness asks whether the circumstances would produce an honest and reasonable belief in a person having the particular mental and physical characteristics of the defendant, such as their personal knowledge and personal history, when the same circumstances might not produce the same in a general reasonable person. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-defense
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions. Physical Physical self-defense is the use of physical force to counter an immediate threat of violence. Such force can be either armed or unarmed. In either case, the chances of success depend on various parameters, related to the severity of the threat on one hand, but also on the mental and physical preparedness of the defender. Unarmed Many styles of martial arts are practiced for self-defense or include self-defense techniques. Some styles train primarily for self-defense, while other combat sports can be effectively applied for self-defense. Some martial arts train how to escape from a knife or gun situation or how to break away from a punch, while others train how to attack. To ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Domestic Violence In The United States
Domestic violence in United States is a form of violence that occurs within a domestic relationship. Although domestic violence often occurs between partners in the context of an intimate relationship, it may also describe other household violence, such as violence against a child, by a child against a parent or violence between siblings in the same household. It is recognized as an important social problem by governmental and non-governmental agencies, and various Violence Against Women Acts have been passed by the US Congress in an attempt to stem this tide. Victimization from domestic violence transcends the boundaries of gender and sexual orientation. Women are more often the victims of domestic violence, and are more likely than men to suffer injuries or health consequences as a result of the incidents, but men are also subject to domestic violence in significant numbers, including in incidents of physical partner violence. Significant percentages of LGBT couples also face ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1983 In United States Case Law
The year 1983 saw both the official beginning of the Internet and the first mobile cellular telephone call. Events January * January 1 – The migration of the ARPANET to TCP/IP is officially completed (this is considered to be the beginning of the true Internet). * January 24 – Twenty-five members of the Red Brigades are sentenced to life imprisonment for the 1978 murder of Italian politician Aldo Moro. * January 25 ** High-ranking Nazi war criminal Klaus Barbie is arrested in Bolivia. ** IRAS is launched from Vandenberg AFB, to conduct the world's first all-sky infrared survey from space. February * February 2 – Giovanni Vigliotto goes on trial on charges of polygamy involving 105 women. * February 3 – Prime Minister of Australia Malcolm Fraser is granted a double dissolution of both houses of parliament, for elections on March 5, 1983. As Fraser is being granted the dissolution, Bill Hayden resigns as leader of the Australian Labor Party, and in the subsequent lead ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1983 In North Dakota
The year 1983 saw both the official beginning of the Internet and the first mobile cellular telephone call. Events January * January 1 – The migration of the ARPANET to Internet protocol suite, TCP/IP is officially completed (this is considered to be the beginning of the true Internet). * January 24 – Twenty-five members of the Red Brigades are sentenced to life imprisonment for the 1978 murder of Italian politician Aldo Moro. * January 25 ** High-ranking Nazism, Nazi war crime, war criminal Klaus Barbie is arrested in Bolivia. ** IRAS is launched from Vandenberg AFB, to conduct the world's first all-sky infrared survey from space. February * February 2 – Giovanni Vigliotto goes on trial on charges of polygamy involving 105 women. * February 3 – Prime Minister of Australia Malcolm Fraser is granted a double dissolution of both houses of parliament, for 1983 Australian federal election, elections on March 5, 1983. As Fraser is being granted the dissolution, Bill Hayden ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North Dakota State Case Law
North is one of the four compass points or cardinal directions. It is the opposite of south and is perpendicular to east and west. ''North'' is a noun, adjective, or adverb indicating direction or geography. Etymology The word ''north'' is related to the Old High German ''nord'', both descending from the Proto-Indo-European unit *''ner-'', meaning "left; below" as north is to left when facing the rising sun. Similarly, the other cardinal directions are also related to the sun's position. The Latin word ''borealis'' comes from the Greek '' boreas'' "north wind, north", which, according to Ovid, was personified as the wind-god Boreas, the father of Calais and Zetes. ''Septentrionalis'' is from ''septentriones'', "the seven plow oxen", a name of '' Ursa Major''. The Greek ἀρκτικός (''arktikós'') is named for the same constellation, and is the source of the English word '' Arctic''. Other languages have other derivations. For example, in Lezgian, ''kefe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justification And Excuse
Justification and excuse are different defenses in a criminal case.Criminal Law Cases and Materials, 7th ed. 2012, John Kaplan, Robert Weisberg, Guyoris the a Binder Both defenses admit that the defendant committed an act proscribed by law. The proscribed act has justification if the act had positive effects that outweigh its negative effects, or is not wrong or blameworthy. The proscribed act is excused if the defendant's violation was not entirely voluntary, such as if they acted under duress or under a false belief. '' Martin v. Ohio'' (1986) established that states may make justification an affirmative defense, placing the burden of proof on defendant. ''Patterson v. New York'' (1977) established that states may make excuses, such as involving mental state, an affirmative defense, rather than part of the mens rea element the prosecution must prove beyond a reasonable doubt. ''"Conduct... may be either justified... or excused... A defense of justification is the product of soc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Washburn, North Dakota
Washburn is a city in southern McLean County, North Dakota, United States. Located along the upper Missouri River, it is the county seat of McLean County. The population was 1,300 at the 2020 census. Washburn was founded in 1882 near the former site of Fort Mandan, winter quarters of the Lewis and Clark Expedition in 1804-1805, near a Mandan village. The town was designated as the county seat in 1883. The city's name honors General Cadwallader C. Washburn. Washburn is home to the North Dakota Lewis and Clark Interpretive Center, which focuses on the Expedition's winter near the Mandan village. It houses a full-scale replica of Fort Mandan, which workers of the expedition built as their base, and one of the expedition's canoes. Geography Washburn is located at (47.291313, −101.027647). According to the United States Census Bureau, the city has a total area of , of which is land and is water. Demographics 2010 census As of the census of 2010, there were 1,246 people ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-protection
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions. Physical Physical self-defense is the use of physical force to counter an immediate threat of violence. Such force can be either armed or unarmed. In either case, the chances of success depend on various parameters, related to the severity of the threat on one hand, but also on the mental and physical preparedness of the defender. Unarmed Many styles of martial arts are practiced for self-defense or include self-defense techniques. Some styles train primarily for self-defense, while other combat sports can be effectively applied for self-defense. Some martial arts train how to escape from a knife or gun situation or how to break away from a punch, while others train how to attack. To ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spouse Abuse
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner violence'', which is committed by one of the people in an intimate relationship against the other person, and can take place in relationships or between former spouses or partners. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly. It can assume multiple forms, including physical, verbal, emotional, economic, religious, reproductive, or sexual abuse. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack. Domestic murder includes stoning, bride burning, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
