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Scienter
In law, (Law Latin for "knowingly", ) is a legal term for intent or knowledge of wrongdoing. 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. It 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 nuisance or more bespoke torts like cattle trespass. If an animal is known to behave in a certain way and is expressed on a person causing injury, an action can be t ...
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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 felony. The intent for the felony 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 with a benevolent motive, such as ...
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Per Minas
''Per minas'', in English Common Law, is to engage in behaviour "by means of menaces or threats". The term comes from Latin. ''Per minas'' has been used as a defence of duress to certain crimes, as affecting the element of ''mens rea''. William Blackstone, the often-cited judge and legal scholar, addressed the use of "duress ''per minas''" under the category of self-defense as a means of securing the "right of personal security", that is, the right of self-defence. The classic case involves a person who is blackmailed into robbing a bank. In contract law, Blackstone used ''per minas'' to describe the defence of duress, as affecting the element of contract intent, mutual assent, or meeting of the minds.Online Law dictionary
citing Bouvier's Law Dictionary, Revised 6th Ed (1856).


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Animals Act 1971
The Animals Act 1971 is an Act of the Parliament of the United Kingdom (c 22) 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'' 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 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(2) has attracted much judicial obloquy."
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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 tresp ...
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Cause Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the ...
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Guilt (law)
In criminal law, guilt is the state of being responsible for the commission of an offense. Legal guilt is entirely externally defined by the state, or more generally a "court of law". Being "guilty" of a criminal offense means that one has committed a violation of criminal law, or performed all the elements of the offense set out by a criminal statute. The determination that one has committed that violation is made by an external body (a "court of law") after the determination of the facts by a finder of fact or “factfinder” (i.e. a jury) and is, therefore, as definitive as the record-keeping of the body. For instance, in the case of a bench trial a judge acts as both the court of law and the factfinder, whereas in a jury trial the jury is the trier of fact and the judge acts only as the trier of law. Thus, the most basic definition is fundamentally circular: a person is guilty of violating a law if a factfinder in a court of law so says. Philosophically, guilt in crimin ...
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United States Code
In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the general and permanent federal statutes. It contains 53 titles (Titles 1–54, excepting Title 53, which is reserved for a proposed title on small business). The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually.About United States Code
Gpo.gov. Retrieved on 2013-07-19.
The official version of these laws appears in the '' United States Stat ...
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Legal English
Legal English is the type of English as used in legal writing. In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features, aimed to achieve consistency, validity, completeness and soundness, while keeping the benefits of a human-like language such as intuitive execution, complete meaning, and open upgrade. However, Legal English has been referred to as a "sublanguage", as Legal English differs from ordinary English. A specialized use of certain terms and linguistic patterns governs the teaching of legal language. Thus, "we study legal language as a kind of second language, a specialized use of vocabulary, phrases, and syntax that helps us to communicate more easily with each other". The term legal ese, on the other hand, is a term associated with a traditional style of legal writing that is part of this specialized discourse of ...
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Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of t ...
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Law Latin
Law Latin, sometimes written L.L. or L. Lat., and sometimes derisively called Dog Latin, is a form of Latin used in legal contexts. While some of the vocabulary does come from Latin, many of the words and much of the vocabulary stem from English. Law Latin may also be seen as consisting of a mixture of English, French and Latin words superimposed over an English syntax. Law Latin was the language in which the legal opinions of English courts were recorded at least until the reign of George II. Under his reign, the Proceedings in Courts of Justice Act 1730 (effective from 1733), mandated that all records of legal proceedings in England were to be made in English rather than Latin. Law Latin was also used as the language of writs, royal charters, letters patent and many other legal instruments. As late as 1867, Law Latin was still in use in England and Scotland for some legal instruments. See also * Law French * List of legal Latin terms * Traditional English pronunciation of L ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ...
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Colin Blackburn
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a Scottish judge who is remembered as one of the greatest exponents of the common law. At one point, Blackburn was a judge in the Court of Exchequer Chamber. On 16 October 1876, he became the first person to be made a law lord under the terms of the newly passed Appellate Jurisdiction Act. Life He 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 in the conservative interest in the parliament of 1859–65. His younger brother was the mathematician Hugh Blackburn. The future judge was educated at the Edinburgh Academy, Eton and Trinity College, Cambridge, in which university he graduated B.A. (eighth wrangler) in 1835, and proceeded M.A. in 1838. In 1870, he received the honorary degree of LL.D. from the University of Edinburgh. Admitted on 20 April 1835 ...
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