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Scienter
In law, ( in British English, in American English, Law Latin for "knowingly", , ) is a legal term for intent or knowledge of wrongdoing, or reckless disregard for the truth. An offending party then has knowledge of the "wrongness" of an act or event prior to committing it. For example, if a man sells a car with brakes that do not work to his friend, but the seller does not know about the brake problem, the seller then has no . If he sells the car and knew of the problem before he sold the car, he has . Scienter action in tort law The scienter action is a category within tort law in some common law jurisdictions that deals with the damage done by an animal directly to a human. Tort law is designed to offer retribution for civil wrongs. Scienter within tort law had a long history in English law until it was abolished by the Animals Act 1971. An action in the common law jurisdictions in which it has not been extinguished by statute is in addition to the torts of negligence and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Animals Act 1971
The Animals Act 1971 (c. 22) is an Act of Parliament (UK), act of the Parliament of the United Kingdom the purpose of which was to codify civil liability for damage done by animals in England and Wales. Section 1 broadly provides for the abolition of common law torts relating to cattle trespass and to the old common law ''Scienter#The scienter action .28tort law.29, scienter'' action with respect to animals which are ''ferae naturae'' or otherwise known to be vicious, as well as the abrogation of statutory provisions relating to civil liability in the Dogs Act 1906. The provisions largely codify the pre-existing common law rules. Case law The leading case on the Animals Act 1971 is the Judicial functions of the House of Lords, House of Lords decision in . In that case Lord Nicholls of Birkenhead commented, "Unfortunately the language of section 2(2) is ... opaque. In this instance the parliamentary draftsman's zeal for brevity has led to obscurity. Over the years section 2( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intent (law)
In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing. Definitions Intent is defined in English law by the ruling in ''R v Mohan'' 976QB 1 as "the decision to bring about a prohibited consequence" ( malum prohibitum). A range of words represents shades of ''intent'' in criminal laws around the world. The mental element, or ''mens rea'', of murder, for example, was historically called malice aforethought. In some jurisdictions transferred intent allows the prosecution for intentional murder if a death occurs in the course of committing an intentional crime (see Felony murder rule). The intent for the other crime is transferred to the killing in this type of situation. The language of "malice" is mostly abandoned and intent element of a crime, such as intent to kill, may exist without a malicious motive, or even wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intention
An intention is a mental state in which a person commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the ''attitude'' towards this content. Other mental states can have action plans as their content, as when one admires a plan, but differ from intentions since they do not involve a practical commitment to realizing this plan. Successful intentions bring about the intended course of action while unsuccessful intentions fail to do so. Intentions, like many other mental states, have intentionality: they represent possible states of affairs. Theories of intention try to capture the characteristic features of intentions. The ''belief-desire theory'' is the traditionally dominant approach. According to a simple version of it, having an intention is nothing but having a desire to perform a certain action and a belief that one will perform this act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cattle Trespass
Cattle trespass was an ancient common law tort whereby the keeper of livestock was held strictly liable for any damage caused by the straying livestock. Under English law the tort was abolished by section 1(1)(c) of the Animals Act 1971, but the tort continues to subsist in other common law jurisdictions, either in its original form as a common law tort, or as modified by statute. Liability for cattle trespass is similar to, but conceptually distinct from, the old common law ''scienter'' action in relation to strict liability for animals which are known to be vicious. In many of the reported cases, claims for cattle trespass and ''scienter'' are pleaded in the alternative. History and development The first recorded writ for cattle trespass was issued during the reign of King John (1199-1216). However the tort initially related to the keeping of animals; it was not until 1353 it was expanded to cover liability caused by their escape. Since its inception, cattle trespass app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wild Animal
Wildlife refers to undomesticated animals and uncultivated plant species which can exist in their natural habitat, but has come to include all organisms that grow or live wild in an area without being introduced by humans. Wildlife was also synonymous to game: those birds and mammals that were hunted for sport. Wildlife can be found in all ecosystems. Deserts, plains, grasslands, woodlands, forests, and other areas including the most developed urban areas, all have distinct forms of wildlife. While the term in popular culture usually refers to animals that are untouched by human factors, most scientists agree that much wildlife is affected by human activities. Some wildlife threaten human safety, health, property and quality of life. However, many wild animals, even the dangerous ones, have value to human beings. This value might be economic, educational, or emotional in nature. Humans have historically tended to separate civilization from wildlife in a number of ways, in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Complaint (law)
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading. In Civil Law, a "complaint" is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how carefully the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # bl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil legal liability, liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely Mitigation, mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Lamar
David Lamar ( 1877 – January 12, 1934) was a con man known as the Wolf of Wall Street. Biography David Lamar was born circa 1877. His exact birth date is unknown; his 1934 obituary reports that he was 65 years old. He appeared in New York City about 1893. In the 1890s "he had a Fifth Avenue house and was known for his trotting horses, his diamond studded walking stick, his appearances as a man about town."Reading Eagle, January 14, 1934. p. 1 accessed November 17, 2018 In 1899, Lamar claimed one of his most famous victims was 25-year-old John D. Rockefeller, Jr. Working through George Rogers, secretary to |
Rylands V
Rylands is an English surname. Notable people with the surname include: * Dadie Rylands (1902–1999), real name George Rylands, British literary scholar and theatre director * Dave Rylands (born 1953), English footballer * Enriqueta Augustina Rylands (1843–1908), English philanthropist * John Rylands (1801–1888), English textile merchant and philanthropist * John Paul Rylands (1846–1923), English lawyer, genealogist and topographer *L. Gordon Rylands (1862–1942), British criminologist and writer * Mark Rylands (born 1961), Church of England bishop * Patrick Rylands (born 1943), English designer *Peter Rylands (1820–1887), English wire manufacturer and politician * Sir Peter Rylands, 1st Baronet (1868–1948), British businessman, son of Peter Rylands *Sir William Rylands (1868–1948), British businessman See also *John Rylands Library in Manchester * John Rylands University Library in Manchester *Rylands, hamlet in St Breward parish, Cornwall, England *Rylands, southern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colin Blackburn
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a British lawyer and judge. The son of a Scottish clergyman, he was educated in Scotland and England, before joining the English bar. He was little known to the legal world before he was elevated from the junior bar to a puisne judgeship in the Court of Queen's Bench by Lord Campbell in 1859, a position he held until 1876, when he was appointed to the Court of Appeal. In October of that year, he was the first person to be appointed as a law lord under the provisions of the newly enacted Appellate Jurisdiction Act. He retired in 1886 and died ten years later. Life Colin Blackburn was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn, represented Stirlingshire as a Conservative Member of Parliament from 1859 to 1865. Additionally, his younger brother was the renowned mathematician Hugh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
