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Commonwealth V. Donoghue
''Commonwealth v. Donoghue'', 250 Ky. 343, 63 S.W.2d 3 (1933), was a case decided by the Kentucky Court of Appeals involving conspiracy based on common law criminal offenses imported through reception statutes. Background M. Donoghue and others ran the Boone Loan Company in Kenton County, which was accused of charging usury rates of interest, or loan sharking. The judge created the crime in the case: "a nefarious plan for the habitual exaction of gross injury". Decision The Court of Appeals upheld the ability of judges to create common law crimes in the state of Kentucky. Later developments In 1975 a Kentucky state statute, KRS 500.020, prohibited the prosecution of common law crimes in Kentucky, rendering the decision in ''Commonwealth v. Donoghue'' to be of no further effect. See also *''State v. Palendrano'', a similar case in New Jersey New Jersey is a U.S. state, state in the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kentucky Court Of Appeals
The Kentucky Court of Appeals is the lower of Kentucky's two appellate courts, under the Kentucky Supreme Court. Prior to a 1975 amendment to the Kentucky Constitution the Kentucky Court of Appeals was the only appellate court in Kentucky. The Court of Appeals has 14 members. Two members are elected from each of seven districts and serve eight-year terms of office. The Kentucky Court of Appeals judges are elected from districts that mirror the seven districts which elect the seven justices of the Supreme Court of Kentucky. The 14 judges select one colleague to serve as chief judge for a four-year term. The chief judge assigns judges and cases to panels. The current chief judge is Denise G. Clayton. The court usually sits in three judge panels. Membership of the panels rotate so that all judges sit on at least one panel with each of their colleagues in any given year. Usually one judge is chosen to author the majority opinion for each panel in a particular case. The Kentuc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Crimes
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute. Australia Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level.History of Australian Criminal Law Parliament of Australia Library The , the |
Conspiracy (criminal)
In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. There is no limit on the number participating in the conspiracy and, in most countries, the plan is the crime, so there is no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense). For the purposes of concurrence, the '' actus reus'' is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability (unless, in some cases, it occurs ''before'' the parties have committed overt acts) but may reduce their sentence. An unindicted co-consp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reception Statutes
A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law before its independence to the extent not explicitly rejected by the legislative body or constitution of the new nation. Reception statutes generally consider the English common law dating prior to independence, as well as the precedents originating from it, as the default law because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state. All US states have either implemented reception statutes or adopted the common law by judicial opinion, but there is a special case of partial reception for Louisiana. Initial reception of English common law In ''Commentaries on the Laws of England'', Sir William Blackstone described the process by which English common law followed English colonization: Plantations or colonies, in distant countries, are eith ... [...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 s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenton County, Kentucky
Kenton County is a county located in the northern part of the Commonwealth of Kentucky. As of the 2020 census, the population was 169,064, making it the third most populous county in Kentucky (behind Jefferson County and Fayette County). Its county seats are Covington and Independence. It was, until November 24, 2010, the only county in Kentucky to have two legally recognized county seats. The county was formed in 1840 and is named for Simon Kenton, a frontiersman notable in the early history of the state. Kenton County, with Boone and Campbell Counties, is part of the Northern Kentucky metro area, and is included in the Cincinnati-Middletown, OH-KY-IN Metropolitan Statistical Area. History Kenton County was established on January 29, 1840, from land given by Campbell County. It was named in honor of Simon Kenton, a pioneer of Kentucky. Geography According to the United States Census Bureau, the county has a total area of , of which is land and (2.5%) is water. The c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usurious
Usury () is the practice of making unethical or immoral monetary loans that unfairly enrich the lender. The term may be used in a moral sense—condemning taking advantage of others' misfortunes—or in a legal sense, where an interest rate is charged in excess of the maximum rate that is allowed by law. A loan may be considered usurious because of excessive or abusive interest rates or other factors defined by the laws of a state. Someone who practices usury can be called a ''usurer'', but in modern colloquial English may be called a ''loan shark''. In many historical societies including ancient Christian, Jewish, and Islamic societies, usury meant the charging of interest of any kind, and was considered wrong, or was made illegal. During the Sutra period in India (7th to 2nd centuries BC) there were laws prohibiting the highest castes from practicing usury. Similar condemnations are found in religious texts from Buddhism, Judaism (''ribbit'' in Hebrew), Christianity, and Islam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loan Sharking
A loan shark is a person who offers loans at extremely high interest rates, has strict terms of collection upon failure, and generally operates outside the law. Description Because loan sharks operate mostly illegally, they cannot reasonably expect to be able to use the legal system to collect such debts, they often resort to enforcing repayment by terms of blackmail and threats of violence. Historically, many moneylenders skirted between legal and criminal activity. In the recent western world, loan sharks have been a prominent feature of the criminal underworld. Loan sharking is not to be confused with predatory lending with extremely high interest rates such as payday or title loans, which is sometimes considered to be "loan sharking" (or, at least, unfavorably compared to loan sharking by critics) regardless of whether it is legal. A key difference between "traditional" loan sharking and predatory lending is that lenders alleged to be engaged in the latter practice are e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Crimes
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute. Australia Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level.History of Australian Criminal Law Parliament of Australia Library The , the |
Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to the east; Tennessee to the south; and Missouri to the west. Its northern border is defined by the Ohio River. Its capital is Frankfort, Kentucky, Frankfort, and its two largest cities are Louisville, Kentucky, Louisville and Lexington, Kentucky, Lexington. Its population was approximately 4.5 million in 2020. Kentucky was admitted into the Union as the 15th state on June 1, 1792, Kentucky County, Virginia, splitting from Virginia in the process. It is known as the "Bluegrass State", a nickname based on Kentucky bluegrass, a species of green grass found in many of its pastures, which has supported the thoroughbred horse industry in the center of the state. Historically, it was known for excellent farming conditions for this reason and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State V
State may refer to: Arts, entertainment, and media Literature * '' State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future government in three novels by Larry Niven Music Groups and labels * States Records, an American record label * The State (band), Australian band previously known as the Cutters Albums * ''State'' (album), a 2013 album by Todd Rundgren * ''States'' (album), a 2013 album by the Paper Kites * ''States'', a 1991 album by Klinik * ''The State'' (album), a 1999 album by Nickelback Television * ''The State'' (American TV series), 1993 * ''The State'' (British TV series), 2017 Other * The State (comedy troupe), an American comedy troupe Law and politics * State (polity), a centralized political organ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Jersey
New Jersey is a U.S. state, state in the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. It is bordered on the north and east by the state of New York (state), New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware River and Pennsylvania; and on the southwest by Delaware Bay and the state of Delaware. At , New Jersey is the List of U.S. states and territories by area, fifth-smallest state in land area; but with close to 9.3 million residents, it ranks List of U.S. states and territories by population, 11th in population and List of U.S. states and territories by population density, first in population density. The state capital is Trenton, New Jersey, Trenton, and the most populous city is Newark, New Jersey, Newark. With the exception of Warren County, New Jersey, Warren County, all of the state's 21 counties lie within the combined statistical areas of New York City or Delaw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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