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Malice Aforethought
Malice aforethought is the "premeditation" or "predetermination" (with malice (law), malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravation (law), aggravated murder in a few. Insofar as the term is still in use, it has a technical meaning that has changed substantially over time. Etymology Malice aforethought is a direct translation of the Law French term ''malice prépensée'', so the adjective follows the noun as in French. Legal history Malice aforethought was not an element of murder in early medieval English law cases. Both self-defence killings and death by misadventure were treated as murder by juries. Although pardons for self-defence became common after the Statute of Gloucester was passed in 1278, the jury in a 14th-century case still found that a self-defence killing was felonious. In the 12th century, any death by misadventure without a "presentment of Englishry" was sufficient for a jury finding of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malice (law)
Malice is a law, legal term which refers to a party's intent (law), intention to do injury to another party. Malice is either ''expressed'' or ''implied''. For example, malice is expressed when there is manifested a deliberate intention to unlawfully take away the life of a human being. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. Malice, in a legal sense, may be inferred from the evidence and imputation (law), imputed to the defendant, depending on the nature of the case. In many kinds of cases, malice must be found to exist in order to convict. (For example, malice is an element of the crime of arson in many jurisdictions.) In civil law (common law), civil law cases, a finding of malice allows for the award of greater damages, or for punitive damages. The legal concept of malice is most common in Anglo-American law, and in legal systems derived from the English common law syst ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard II Of England
Richard II (6 January 1367 – ), also known as Richard of Bordeaux, was King of England from 1377 until he was deposed in 1399. He was the son of Edward the Black Prince, Prince of Wales, and Joan, Countess of Kent. Richard's father died in 1376, leaving Richard as heir apparent to his grandfather, King Edward III; upon the latter's death, the 10-year-old Richard succeeded to the throne. During Richard's first years as king, government was in the hands of a series of regency councils, influenced by Richard's uncles John of Gaunt and Thomas of Woodstock. England then faced various problems, most notably the Hundred Years' War. A major challenge of the reign was the Peasants' Revolt in 1381, and the young king played a central part in the successful suppression of this crisis. Less warlike than either his father or grandfather, he sought to bring an end to the Hundred Years' War. A firm believer in the royal prerogative, Richard restrained the power of the aristocracy an ... [...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 so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norman Conquest
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conqueror. William's claim to the English throne derived from his familial relationship with the childless Anglo-Saxon king Edward the Confessor, who may have encouraged William's hopes for the throne. Edward died in January 1066 and was succeeded by his brother-in-law Harold Godwinson. The Norwegian king Harald Hardrada invaded northern England in September 1066 and was victorious at the Battle of Fulford on 20 September, but Godwinson's army defeated and killed Hardrada at the Battle of Stamford Bridge on 25 September. Three days later on 28 September, William's invasion force of thousands of men and hundreds of ships landed at Pevensey in Sussex in southern England. Harold marched south to oppose him, leaving a significant portion of his ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Matthew Hale (jurist)
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, and con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Chitty
Joseph Chitty (12 March 1776 – 17 February 1841) was an English lawyer and legal writer, author of some of the earliest practitioners' texts and founder of an important dynasty of lawyers. Life and practice He was himself the son of a Joseph Chitty (1729–1795), and his wife, Sarah ''née'' Cartwright. He initially practised as a special pleader before being called to the bar by the Middle Temple on 28 June 1816. He never became a KC but built a huge junior practice at 1 Pump Court and published many books. Chitty was also pupil master to a generation of lawyers, including: *John Walter Hulme, his co-author and son-in-law, and the first Chief Justice of Hong Kong *Thomas StarkieLobban (2004) * Edward Hall Alderson *Thomas Noon Talfourd *Henry Havelock. In fact, at the time, the Inns of Court were in decline and Chitty organised lectures and moots, in 1810 being given permission to use the hall of Lincoln's Inn. Personality and later life Despite his successful practice, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Buckler's Case
Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (other) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the Apostle * Thomas (bishop of the East Angles) (fl. 640s–650s), medieval Bishop of the East Angles * Thomas (Archdeacon of Barnstaple) (fl. 1203), Archdeacon of Barnstaple * Thomas, Count of Perche (1195–1217), Count of Perche * Thomas (bishop of Finland) (1248), first known Bishop of Finland * Thomas, Earl of Mar (1330–1377), 14th-century Earl, Aberdeen, Scotland Geography Places in the United States * Thomas, Illinois * Thomas, Indiana * Thomas, Oklahoma * Thomas, Oregon * Thomas, South Dakota * Thomas, Virginia * Thomas, Washington * Thomas, West Virginia * Thomas County (other) * Thomas Township (other) Elsewhere * Thomas Glacier (Greenland) Arts, entertainment, and media * ''Thomas'' (Burton novel) 1969 novel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laws Of William The Conqueror
William the Conqueror, the first Norman King of England who reigned from 1066 until his death in 1087, created 10 laws for the English people to abide by after the Battle of Hastings. Laws * The first law stated that "First that above all things he wishes one God to be revered throughout his whole realm, one faith in Christ to be kept ever inviolate, and peace and security to be preserved between English and Normans." * The second law stated that every freeman shall make an oath that he will be loyal to king William and protect his lands. * The third law stated that the Normans that he brought with him shall have peace and if any of them is murdered then the lord shall seize him. * The fourth law stated that every Frenchmen shall pay what they call Scot and lot Scot and lot is a phrase common in the records of English, Welsh and Irish medieval boroughs, referring to local rights and obligations. The term ''scot'' comes from the Old English word ''sceat'', an ordinary coin in Ang ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cnut
Cnut (; ang, Cnut cyning; non, Knútr inn ríki ; or , no, Knut den mektige, sv, Knut den Store. died 12 November 1035), also known as Cnut the Great and Canute, was King of England from 1016, King of Denmark from 1018, and King of Norway from 1028 until his death in 1035. The three kingdoms united under Cnut's rule are referred to together as the North Sea Empire. As a Danish prince, Cnut won the throne of England in 1016 in the wake of centuries of Viking activity in northwestern Europe. His later accession to the Danish throne in 1018 brought the crowns of England and Denmark together. Cnut sought to keep this power-base by uniting Danes and English under cultural bonds of wealth and custom. After a decade of conflict with opponents in Scandinavia, Cnut claimed the crown of Norway in Trondheim in 1028. The Swedish city Sigtuna was held by Cnut (he had coins struck there that called him king, but there is no narrative record of his occupation). In 1031, Malcolm II of S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anglo-Saxon Law
Anglo-Saxon law (Old English ''ǣ'', later ''lagu'' "law"; dōm "decree, judgment") is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with early Medieval Scandinavian law and Germanic law, descended from a family of ancient Germanic custom and legal thought. However, Anglo-Saxon law codes are distinct from other early Germanic legal statements—known as the ''leges barbarorum'', in part because they were written in Old English instead of in Latin. The laws of the Anglo-Saxons were the second in medieval Western Europe after those of the Irish to be expressed in a language other than Latin. Overview Early Germanic law Inked records of early Germanic law (''leges barbarorum'') were, in many ways, the product of Roman influence. Throughout the early middle ages, as various " Teutonic", or Germanic, tribes on the continent came into closer and more peaceful contact with the high ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harleian Library
The Harleian Library, Harley Collection, Harleian Collection and other variants ( la, Bibliotheca Harleiana) is one of the main "closed" collections (namely, historic collections to which new material is no longer added) of the British Library in London, formerly the library of the British Museum. The collection comprises 7,660 manuscripts, including 2,200 illuminated manuscripts, more than 14,000 original legal documents; and more than 500 rolls. It was assembled by Robert Harley (1661–1724) and his son Edward (1689–1741). In 1753, it was purchased for £10,000 by the British government. Together with the collections of Sir Robert Cotton (the Cotton library) and Hans Sloane (the Sloane library) it formed the basis of the British Museum's collection of manuscripts, which were transferred to the new British Library in 1973.British Library.History of the Harley Library. The collection contains illuminated manuscripts spanning the early Middle Ages to the Renaissance. There ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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