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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, an automobile or a 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 justifiable homicide, justified, the Prima facie, burdens of production and Burden of proof (law), proof for charges impeded, or an affirmative defense against criminal homic ...
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Criminal Homicide
Homicide is an act in which a person causes the death of another person. A homicide requires only a Volition (psychology), volitional act, or an omission, that causes the death of another, and thus a homicide may result from Accident, accidental, Reckless homicide, reckless, or Negligent homicide, negligent acts even if there is no Intent (law), intent to cause harm. It is separate from suicide. Homicides can be divided into many overlapping legal categories, such as murder, manslaughter, justifiable homicide, assassination, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human Society, societies; some are considered crimes, while others are permitted or even Court order, ordered by the Law, legal system. Criminality Criminal homicide takes many forms, including accidental killing and murder. Criminal ho ...
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Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, 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 * ''Cogitationis poenam nemo patitur'' * ''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 ...
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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, erroneously thinking that he was trespassing with criminal intent. The killing and Peairs' trials received worldwide attention, initiating discussion about race relations and attitudes toward Asians in the United States. Peairs was acquitted of manslaughter at a criminal trial, but at a civil trial he was found liable for Hattori's death. The court awarded Hattori's parents US$650,000 ($ today) against Peairs in damages. 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 Ame ...
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Old Testament
The Old Testament (OT) is the first division of the Christian biblical canon, which is based primarily upon the 24 books of the Hebrew Bible, or Tanakh, a collection of ancient religious Hebrew and occasionally Aramaic writings by the Israelites. The second division of Christian Bibles is the New Testament, written in Koine Greek. The Old Testament consists of many distinct books by various authors produced over a period of centuries. Christians traditionally divide the Old Testament into four sections: the first five books or Pentateuch (which corresponds to the Jewish Torah); the history books telling the history of the Israelites, from their conquest of Canaan to their defeat and exile in Babylon; the poetic and wisdom literature, which explore themes of human experience, morality, and divine justice; and the books of the biblical prophets, warning of the consequences of turning away from God. The Old Testament canon differs among Christian denominations. The Ea ...
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Matthew Henry
Matthew Henry (18 October 166222 June 1714) was a British Nonconformist and Presbyterian minister and author who was born in Wales but spent much of his life in England. He is best known for the six-volume biblical commentary ''Exposition of the Old and New Testaments''. Life Matthew Henry was the second son born to Philip and Kathrine Henry. He was born prematurely at his mother's family estate, Broad Oak, a farmhouse on the borders of Flintshire and Shropshire. He was baptized the next day by the local parish rector. His father, Philip Henry, a Church of England cleric, had just been ejected under the Act of Uniformity 1662. As a young child, he was frequently afflicted with fevers. Unlike most of those who had been ejected, Philip Henry possessed some private means, and was able to provide his son a good education. Henry's sister was diarist Sarah Savage. Early life By the age of nine, Henry was able to write Latin and read part of the Greek New Testament. He ...
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Bailiff
A bailiff is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. There are different kinds, and their offices and scope of duties vary. Another official sometimes referred to as a ''bailiff'' was the '' Vogt''. In the Holy Roman Empire a similar function was performed by the '' Amtmann''. They are mostly known for being the officer that keeps the order in a court of law and who also administers oaths to people who participate in court proceedings. Britain and Ireland Historic bailiffs ''Bailiff'' was the term used by the Normans for what the Saxons had called a '' reeve'': the officer responsible for executing the decisions of a court. The duty of the bailiff would thus include serving summonses and orders, and executing all warrants issued out of the corresponding court. The district within which the bailiff operated was called his '' bailiwick'', and is even to the present day. Bailiffs were outsiders and free me ...
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William Pitt, 1st Earl Of Chatham
William Pitt, 1st Earl of Chatham (15 November 170811 May 1778) was a British people, British British Whig Party, Whig politician, statesman who served as Prime Minister of Great Britain from 1766 to 1768. Historians call him "Chatham" or "Pitt the Elder" to distinguish him from his son William Pitt the Younger, who also served as prime minister. Pitt was also known as "the Great Commoner" because of his long-standing refusal to accept a title until 1766. Pitt was a member of the British cabinet and with a brief interlude in 1757, its informal leader from 1756 to 1761, during the Seven Years' War (including the French and Indian War in the Thirteen Colonies, American colonies). He again led the ministry, holding the official title of Lord Privy Seal, between 1766 and 1768. Much of his power came from his brilliant oratory. He was out of power for most of his career and became well known for his attacks on the government, such as those on Robert Walpole, Walpole's corruption in ...
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Prime Minister Of The United Kingdom
The prime minister of the United Kingdom is the head of government of the United Kingdom. The prime minister Advice (constitutional law), advises the Monarchy of the United Kingdom, sovereign on the exercise of much of the Royal prerogative in the United Kingdom, royal prerogative, chairs the Cabinet of the United Kingdom, Cabinet, and selects its Minister of the Crown, ministers. Modern prime ministers hold office by virtue of their ability to command the confidence of the House of Commons of the United Kingdom, House of Commons, so they are invariably Member of Parliament (United Kingdom), members of Parliament. The office of prime minister is not established by any statute or constitutional document, but exists only by long-established Constitutional conventions of the United Kingdom, convention, whereby the monarch appoints as prime minister the person most likely to Confidence motions in the United Kingdom, command the confidence of the House of Commons. In practice, thi ...
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Sir Edward Coke
Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan and Jacobean eras. Born into an upper-class family, Coke was educated at Trinity College, Cambridge, before leaving to study at the Inner Temple, where he was called to the Bar on 20 April 1578. As a barrister, he took part in several notable cases, including '' Slade's Case'', before earning enough political favour to be elected to Parliament, where he served first as Solicitor General and then as Speaker of the House of Commons. Following a promotion to Attorney General he led the prosecution in several notable cases, including those against Robert Devereux, Sir Walter Raleigh, and the Gunpowder Plot conspirators. As a reward for his services he was first knighted and then made Chief Justice of the Common Pleas. As Chief Justice, Coke restricted the use of the ''ex officio'' (Star Chamber) oath ...
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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 coronation of James I and Anne and ...
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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. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements 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. ...
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Numa Denis Fustel De Coulanges
Numa Denis Fustel de Coulanges (; 18 March 1830 – 12 September 1889) was a French historian. Biography Coulanges was born in Paris; he was of Breton descent. After studying at the École Normale Supérieure, he attended the French School at Athens. Career In 1853, he directed some excavations in Chios, and wrote a historical account of the island. After his return, he held various educational positions and earned his doctorate degree with two theses: ''Quid Vestae cultus in institutis veterum privatis publicisque valuerit'' and ''Polybe, ou la Grèce conquise par les Romains'' (1858). His knowledge of Greek and Roman institutions and skepticism of contemporary scholars led him to rely on original texts. Once he formed a clear idea from the sources, he treated it as truth. From 1860 to 1870 he was a professor of history at the faculty of letters at Strasbourg, where he had a brilliant career as a teacher, but never yielded to the influence exercised by the German universi ...
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