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Peril On Mars
Imminent peril, or imminent danger, is an American legal concept that defines the term as "certain danger, immediate, and impending; menacingly close at hand, and threatening." In many states in the US, a mere necessity for quick action does not constitute an emergency within the doctrine of imminent peril, where the situation calling for the action is one which should reasonably have been anticipated and which the person whose action is called for should have been prepared to meet; the doctrine of imminent peril does not excuse one who has brought about the peril by their own negligence. Legislation In California, legislation authorizes a person to use deadly force to defend against death or serious injury if they believe they are in imminent peril. Raymond L. Middleton, Warden v. Sally Marie McNeil is a California case that espouses this doctrine. The 2012 Florida Statutes lay measurable conditions to determine if the "fear of imminent peril" is reasonable under the law. Both the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Menacing
Terms such as menacing, brandishment or brandishing refer to criminal offenses in many U.S. states which are generally defined as displaying a weapon with the intent of placing another person in fear of imminent physical injury or death. The term "brandish" means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person. — 18 U.S.C. § 924(c)(4). Such implied threats can constitute extortion if used to coerce a decision. Depending on the jurisdiction, degrees of offense range from a misdemeanor for first-time offenders, to low- to mid-level felonies for offenders with a prior menacing charge. Self-defense is often explicitly given as an exception. The tangentially related crime of "Menacing By Stalking" was introduced as a new charge in some states following the popularization of laws specifical ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrines And Principles
A legal doctrine is a framework, set of rules, procedural steps, or 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 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 ''Ex aequo et bono'' (Latin for "according to the right and good" or "from equity and conscience") is a Latin phrase that is used as a legal term of art. In the context of arbitration, it refers to the power of arbitrators to dispense with appli ...'' Reference ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rescue Doctrine
In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim. This doctrine was originally promulgated by Benjamin N. Cardozo in the 1921 case, ''Wagner v. Int'l Ry. Co.'' There, writing for the Court of Appeals of New York (which is the supreme court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ... of that state), Cardozo stated: "Danger invites rescue. The cry of distress is the summons to relief ..The emergency begets the man. The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had." The rescue doctrine was est ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Necessity In Canadian Law
Canadian criminal law allows for a common law defence of necessity. ''Necessitas non habet legem;'' "Necessity knows no law." This well-known maxim reflects the theoretical basis of the defence of necessity: that in dire circumstances of looming peril, the claims of positive law seems to weaken.Kent Roach et al, Criminal Law and Procedure (Toronto: Emond, 2015) at 961. This controversial common law or judge-made defence has only been firmly recognized in Canadian law since 1984. It is recognized in Canada as a defence for crimes committed in urgent situations of clear and imminent peril in which the accused has no safe avenue of escape or legal way out of the situation. There is an objective or reasonableness requirement that requires the accused to reasonably resist the pressures that led to the commission of the crime. Anyone is entitled, by virtue oof the Criminal Code, to rely upon any excuse or defense available to him at common law. The defence of necessity The defence of n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exigent Circumstance
In criminal procedure law of the United States, an exigent circumstance allows law enforcement (under certain circumstances) to enter a structure without a search warrant, or if they have a " knock and announce" warrant, allows them to enter without knocking and waiting for the owner's permission to enter. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect's escape is imminent. Once entry is obtained, the plain view doctrine applies, allowing the seizure of any evidence or contraband discovered in the course of actions consequent upon the exigent circumstances. Criminal procedure In the criminal procedure context, exigent circumstance means the following: Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact. There is no absolute test for determining if exigent circumstances exist, but general factors have b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Samaritan Law
Good Samaritan laws offer legal protection to people who give Reasonable person, reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or Wrongful death claim, wrongful death. An example of such a law in common-law areas of Canada: a Good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for wrongdoing. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment. By contrast, a duty to rescue law requires people to offer assistance and holds those who fail to do so liable. Good Samaritan laws may vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Occupational Safety And Health Administration
The Occupational Safety and Health Administration (OSHA; ) is a regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. The United States Congress established the agency under the Occupational Safety and Health Act (OSH Act), which President Richard Nixon, Richard M. Nixon signed into law on December 29, 1970. OSHA's mission is to "assure safe and healthy working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance." The agency is also charged with enforcing a variety of whistleblower statutes and regulations. OSHA's workplace safety inspections have been shown to reduce injury rates and injury costs without adverse effects on employment, sales, credit ratings, or firm survival. History The Bureau of Labor Standards of the Department of Labor has worked on some work safety issues since its creation in 1934. Economi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deadly Force
Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death to another person. In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity as a last resort, when all lesser means have failed or cannot reasonably be employed. Firearms, bladed weapons, explosives, and vehicles are among those weapons the use of which is considered deadly force. The use of non-traditional weapons in an offensive manner, such as a baseball bat, sharp pencil, tire iron, or other, may also be considered deadly force. United Kingdom The Criminal Justice and Immigration Act 2008 allows householders to use reasonable force against intruders. In certain circumstances this can be lethal force. United States law The United States Armed Forces defines deadly force as "Force that is likely to cause, or that a person knows or should know would create a substantial risk of causing, death or ser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Synonymous
A synonym is a word, morpheme, or phrase that means precisely or nearly the same as another word, morpheme, or phrase in a given language. For example, in the English language, the words ''begin'', ''start'', ''commence'', and ''initiate'' are all synonyms of one another: they are ''synonymous''. The standard test for synonymy is substitution: one form can be replaced by another in a sentence without changing its meaning. Words may often be synonymous in only one particular sense: for example, ''long'' and ''extended'' in the context ''long time'' or ''extended time'' are synonymous, but ''long'' cannot be used in the phrase ''extended family''. Synonyms with exactly the same meaning share a seme or denotational sememe, whereas those with inexactly similar meanings share a broader denotational or connotational sememe and thus overlap within a semantic field. The former are sometimes called cognitive synonyms and the latter, near-synonyms, plesionyms or poecilonyms. Lexic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Profound
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