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Imminent Peril
Imminent peril, or imminent danger, is an American legal concept where Imminent peril is "certain danger, immediate, and impending; menacingly close at hand, and threatening." In many states in the USA, a mere necessity for quick action does not constitute an emergency within the doctrine of imminent peril, where the situation calling for the action is one which should reasonably have been anticipated and which the person whose action is called for should have been prepared to meet; the doctrine of imminent peril does not excuse one who has brought about the peril by their own negligence. Legislation In California, legislation authorizes a person to use deadly force to defend against death or serious injury if they believe they are in imminent peril. Raymond L. Middleton, Warden v. Sally Marie McNeil is a California case that espouses this doctrine. The 2012 Florida Statutes lay measurable conditions to determine if the "fear of imminent peril" is reasonable under the law. Both the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Menacing
Menacing or brandishing is a criminal offense in many U.S. states generally defined as displaying a weapon with the intent of placing another person in fear of imminent physical injury or death. Depending on state, degrees of offense range from a misdemeanor for first-time offenders, to low- to mid-level felonies for offenders with a prior menacing charge. Self-defense is often explicitly given as an exception. The tangentially related crime of "Menacing By Stalking" was introduced as a new charge in some states following the popularization of laws specifically targeting stalking behavior, in which a perpetrator adopts a long-term pattern of actions designed to frighten and harass a victim while still adhering to the letter of existing harassment laws. Laws by state Idaho In Idaho the law on menacing reads as follows: :TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3303. ::Exhibition or use of deadly weapon. Every person who, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Castle Doctrine
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 i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrines And Principles
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?" ''Northwestern University Law Review The ''Northwestern University Law Review'' is a law review and student orga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rescue Doctrine
In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim. This doctrine was originally promulgated by Benjamin N. Cardozo in the 1921 case, ''Wagner v. Int'l Ry. Co.'' There, writing for the Court of Appeals of New York (which is the supreme court of that state), Cardozo stated: "Danger invites rescue. The cry of distress is the summons to relief ..The emergency begets the man. The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had." The rescue doctrine was established nineteen years later, in the landmark case of ''Cote v. Palmer''.''Cote v. Palmer'', 127 Conn. 321 (1940). Essentially, the rescue doctrine means that the rescuer can recover damages from a defendant when the rescuer is injured rescuing someone ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Necessity In Canadian Law
Canadian criminal law allows for a common law defence of necessity. ''Necessitas non habet legem;'' "Necessity knows no law." This well-known maxim reflects the theoretical basis of the defence of necessity: that in dire circumstances of looming peril, the claims of positive law seems to weaken.Kent Roach et al, Criminal Law and Procedure (Toronto: Emond, 2015) at 961. This controversial common law or judge-made defence has only been firmly recognized in Canadian law since 1984. It is recognized in Canada as a defence for crimes committed in urgent situations of clear and imminent peril in which the accused has no safe avenue of escape or legal way out of the situation. There is an objective or reasonableness requirement that requires the accused to reasonably resist the pressures that led to the commission of the crime. Anyone is entitled, by virtue oof the Criminal Code, to rely upon any excuse or defense available to him at common law. The defence of necessity The defence of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exigent Circumstance
In criminal procedure law of the United States, an exigent circumstance allows law enforcement (under certain circumstances) to enter a structure without a search warrant, or if they have a "knock and announce" warrant, allows them to enter without knocking and waiting for the owner's permission to enter. It must be a situation where people are in imminent danger, evidence (law), evidence faces imminent destruction, or a suspect's escape is imminent. Once entry is obtained, the plain view doctrine applies, allowing the seizure of any evidence or contraband discovered in the course of actions consequent upon the exigent circumstances. Criminal procedure In the criminal procedure context, exigent circumstance means the following: Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact. There is no absolute test for determining if exigent circumstances exist, but general ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Emergency Exception
In criminal procedure law of the United States, an exigent circumstance allows law enforcement (under certain circumstances) to enter a structure without a search warrant, or if they have a "knock and announce" warrant, allows them to enter without knocking and waiting for the owner's permission to enter. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect's escape is imminent. Once entry is obtained, the plain view doctrine applies, allowing the seizure of any evidence or contraband discovered in the course of actions consequent upon the exigent circumstances. Criminal procedure In the criminal procedure context, exigent circumstance means the following: Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact. There is no absolute test for determining if exigent circumstances exist, but general factors have be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Samaritan Law
Good Samaritan laws offer legal protection to people who give reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated."The Good Samaritan Law across Europe" DAN Legal Network. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or . An example of such a law in common-law areas of Canada: a Good Samaritan is a |
Occupational Safety And Health Administration
The Occupational Safety and Health Administration'' (OSHA ) is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. Congress established the agency under the Occupational Safety and Health Act OSH Act, which President Richard M. Nixon signed into law on December 29, 1970. OSHA's mission is to "assure safe and healthy working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance". The agency is also charged with enforcing a variety of whistleblower statutes and regulations. OSHA's workplace safety inspections have been shown to reduce injury rates and injury costs without adverse effects on employment, sales, credit ratings, or firm survival. History The Bureau of Labor Standards of the Department of Labor has worked on some work safety issues since its creation in 1922. Economic boom and associated l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Synonymous
A synonym is a word, morpheme, or phrase that means exactly or nearly the same as another word, morpheme, or phrase in a given language. For example, in the English language, the words ''begin'', ''start'', ''commence'', and ''initiate'' are all synonyms of one another: they are ''synonymous''. The standard test for synonymy is substitution: one form can be replaced by another in a sentence without changing its meaning. Words are considered synonymous in only one particular sense: for example, ''long'' and ''extended'' in the context ''long time'' or ''extended time'' are synonymous, but ''long'' cannot be used in the phrase ''extended family''. Synonyms with exactly the same meaning share a seme or denotational sememe, whereas those with inexactly similar meanings share a broader denotational or connotational sememe and thus overlap within a semantic field. The former are sometimes called cognitive synonyms and the latter, near-synonyms, plesionyms or poecilonyms. Lexicograph ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Profound
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