Reasonable Creature
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Reasonable Creature
The born alive rule is a common law legal principle that holds that various criminal laws, such as homicide and assault, apply only to a child that is " born alive". U.S. courts have overturned this rule, citing recent advances in science and medicine, and in several states feticide statutes have been explicitly framed or amended to include fetuses in utero. Abortion in Canada is still governed by the born alive rule, as courts continue to hold to its foundational principles. In 1996, the Law Lords confirmed that the rule applied in English law but that alternative charges existed in lieu, such as a charge of unlawful or negligent manslaughter instead of murder.''Attorney General's Reference No 3 of 1994'' History The born alive rule was originally a principle at common law in England that was carried to the United States and other former colonies of the British Empire. First formulated by William Staunford, it was later set down by Edward Coke in his Institutes of the Laws o ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Misprision
The term ''misprision'' (from , modern , "to misunderstand") in English law describes certain kinds of offence. Writers on criminal law usually divide misprision into two kinds: negative and positive. It survives in the law of England and Wales and Northern Ireland only in the term '' misprision of treason''. Negative misprision Negative misprision is the concealment of treason or felony. By the common law of England, it was the duty of every liege subject (vassal) to inform the king's justices and other officers of the law of all treasons and felonies of which the informant had knowledge, and to bring the offender to justice by arrest (see Sheriffs Act 1887, s. 8). The duty fell primarily on the grand jurors of each county borough or franchise (until the abolition of grand juries in 1933), and is performed by indictment or presentment, but it also falls in theory on all other inhabitants. Failure by the latter to discharge this public duty constitutes what is known as ''mispri ...
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Fetal Heart Monitor
Cardiotocography (CTG) is a technique used to monitor the fetal heartbeat and uterine contractions during pregnancy and labour. The machine used to perform the monitoring is called a cardiotocograph. Fetal heart sounds were described as early as 350 years ago and approximately 200 years ago mechanical stethoscopes, such as the Pinard horn, were introduced in clinical practice. Modern-day CTG was developed and introduced in the 1950s and early 1960s by Edward Hon, Roberto Caldeyro-Barcia and Konrad Hammacher. The first commercial fetal monitor (Hewlett-Packard 8020A) was released in 1968. CTG monitoring is widely used to assess fetal well-being by identifying babies at risk of hypoxia (lack of oxygen). CTG is mainly used during labour. A review found that in the antenatal period (before labour), there is no evidence to suggest that monitoring women with high-risk pregnancies benefits the mother or baby, although research around this is old and should be interpreted with cauti ...
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Medical Ultrasonography
Medical ultrasound includes Medical diagnosis, diagnostic techniques (mainly medical imaging, imaging) using ultrasound, as well as therapeutic ultrasound, therapeutic applications of ultrasound. In diagnosis, it is used to create an image of internal body structures such as tendons, muscles, joints, blood vessels, and internal organs, to measure some characteristics (e.g., distances and velocities) or to generate an informative audible sound. The usage of ultrasound to produce visual images for medicine is called medical ultrasonography or simply sonography, or echography. The practice of examining pregnant women using ultrasound is called obstetric ultrasonography, and was an early development of clinical ultrasonography. The machine used is called an ultrasound machine, a sonograph or an echograph. The visual image formed using this technique is called an ultrasonogram, a sonogram or an echogram. Ultrasound is composed of sound waves with frequency, frequencies greater than ...
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Human
Humans (''Homo sapiens'') or modern humans are the most common and widespread species of primate, and the last surviving species of the genus ''Homo''. They are Hominidae, great apes characterized by their Prehistory of nakedness and clothing#Evolution of hairlessness, hairlessness, bipedality, bipedalism, and high Human intelligence, intelligence. Humans have large Human brain, brains, enabling more advanced cognitive skills that facilitate successful adaptation to varied environments, development of sophisticated tools, and formation of complex social structures and civilizations. Humans are Sociality, highly social, with individual humans tending to belong to a Level of analysis, multi-layered network of distinct social groups — from families and peer groups to corporations and State (polity), political states. As such, social interactions between humans have established a wide variety of Value theory, values, norm (sociology), social norms, languages, and traditions (co ...
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Fetal Viability
Fetal viability is the ability of a human fetus to survive outside the uterus. Viability depends upon factors such as birth weight, gestational age, and the availability of advanced medical care. In low-income countries, more than 90% of extremely preterm newborns (less than 28 weeks gestational age) die due to a lack of said medical care; in high-income countries, the vast majority of these newborns survive. Medical viability is generally considered to be between 23 and 24 weeks gestational age, meaning that these newborns have a < 50% chance of either dying or surviving with severe impairment if active care is instituted; this applies to most fetuses at ≥ 24 weeks of gestation, and to some fetuses at 23 weeks of gestation with favourable risk factors. As of 2022, the world record for the lowest gestational age newborn to survive is held by Curtis Zy-Keith Means, who was born on 5 July 2020 in the United States, at 21 weeks and 1 day gestational age, weighing 420 grams ...
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Fetal Development
Prenatal development () involves the development of the embryo and of the fetus during a viviparous animal's gestation. Prenatal development starts with fertilization, in the germinal stage of embryonic development, and continues in fetal development until birth. The term "prenate" is used to describe an unborn offspring at any stage of gestation. In human pregnancy, prenatal development is also called antenatal development. The development of the human embryo follows fertilization, and continues as fetal development. By the end of the tenth week of gestational age, the embryo has acquired its basic form and is referred to as a fetus. The next period is that of fetal development where many organs become fully developed. This fetal period is described both topically (by organ) and chronologically (by time) with major occurrences being listed by gestational age. The very early stages of embryonic development are the same in all mammals, but later stages of development, and th ...
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Pregnancy
Pregnancy is the time during which one or more offspring gestation, gestates inside a woman's uterus. A multiple birth, multiple pregnancy involves more than one offspring, such as with twins. Conception (biology), Conception usually occurs following sexual intercourse, vaginal intercourse, but can also occur through assisted reproductive technology procedures. A pregnancy may end in a Live birth (human), live birth, a miscarriage, an Abortion#Induced, induced abortion, or a stillbirth. Childbirth typically occurs around 40 weeks from the start of the Menstruation#Onset and frequency, last menstrual period (LMP), a span known as the Gestational age (obstetrics), ''gestational age''; this is just over nine months. Counting by Human fertilization#Fertilization age, ''fertilization age'', the length is about 38 weeks. Implantation (embryology), Implantation occurs on average 8–9 days after Human fertilization, fertilization. An ''embryo'' is the term for the deve ...
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Eliza Armstrong Case
The Eliza Armstrong case was a major scandal in the United Kingdom involving a child bought for prostitution for the purpose of exposing the evils of sexual slavery. While it achieved its purpose of helping to enable the passage of the Criminal Law Amendment Act 1885, it also brought unintended consequences to W. T. Stead. Background Since the middle of the 19th century, efforts by the Social Purity movement, led by early feminists such as Josephine Butler and others, sought to improve the treatment of women and children in Victorian society. The movement scored a triumph when the Contagious Diseases Acts were repealed under pressure due to their double standard nature and ultimate ineffectiveness. At the same time, the campaign had also turned towards the problem of prostitution, and male oppression of women. By the end of the 1870s, this had become particularly focused on fears that British females (women and children) were being lured—or abducted—to brothels on the ...
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Offences Against The Person Act 1828
The Offences Against the Person Act 1828 ( 9 Geo. 4. c. 31), also known as Lord Lansdowne's Act, was an act of the Parliament of the United Kingdom that consolidated for England and Wales provisions in the law related to offences against the person (an expression which, in particular, includes offences of violence) from a number of earlier piecemeal statutes into a single act. Among the laws it replaced was clause XXVI of ''Magna Carta'', the first time any part of ''Magna Carta'' was repealed, and the Buggery Act 1533 ( 25 Hen. 8. c. 6). The act also abolished the crime of petty treason. The act was one of Peel's Acts which consolidated, repealed and replaced a large number of existing statutes. Similar provision was made for Ireland by the Offences Against the Person (Ireland) Act 1829 ( 10 Geo. 4. c. 34) and for India by the Criminal Law (India) Act 1828 ( 9 Geo. 4. c. 74). Background In the United Kingdom, acts of Parliament remain in force until expressly repe ...
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Venerable Bede
Bede (; ; 672/326 May 735), also known as Saint Bede, Bede of Jarrow, the Venerable Bede, and Bede the Venerable (), was an English monk, author and scholar. He was one of the most known writers during the Early Middle Ages, and his most famous work, ''Ecclesiastical History of the English People'', gained him the title "The Father of History of England, English History". He served at the monastery of St Peter and its companion monastery of St Paul in the Kingdom of Northumbria of the Angles (tribe), Angles. Born on lands belonging to the twin monastery of Monkwearmouth–Jarrow Abbey, Monkwearmouth–Jarrow in present-day Tyne and Wear, England, Bede was sent to Monkwearmouth at the age of seven and later joined Abbot Ceolfrith at Jarrow. Both of them survived a plague that struck in 686 and killed the majority of the population there. While Bede spent most of his life in the monastery, he travelled to several abbeys and monasteries across the British Isles, even visiting t ...
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Ecclesiastical Courts
In organized Christianity, an ecclesiastical court, also called court Christian or court spiritual, is any of certain non-adversarial courts conducted by church-approved officials having jurisdiction mainly in spiritual or religious matters. Historically, they interpret or apply canon law. One of its primary bases was the of Justinian, which is also considered the source of the civil law legal tradition. In the United Kingdom, secular courts that took over the functions of the ecclesiastic courts, e.g. in family law, are still known as ''courts ecclesiastical'' as distinct from ''courts temporal''. Medieval courts In the Middle Ages, ecclesiastical courts had much wider powers in many areas of Europe than they did after the development of nation states. They held jurisdiction over not only religious matters, but also family law, equitable relief, probate, and cases involving priests, religious communities, or public heretics. Secular courts in medieval times were numerous and d ...
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