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Beshogeg
''Bemeizid'' () is used in Jewish law to indicate that something was done on purpose. This matters in order to determine how culpable someone is for his actions. The opposite adjective is שוגג ''shogeg'', "not on purpose." In order to for an action to be considered deliberate, it must have been done with the knowledge that it was wrong, and with the intention of doing the action, and of his own free will. If he did not know the action was forbidden, or if a mistake of fact concerning his circumstances led him to believe that he was permitted to take that action in that situation, he is considered to have done the action ''beshogeg'' (), "not on purpose." If he was forced to do the action, then it was done ''beones'' (). See also * ''Animo'' * Intent * Mens rea * Velleity Velleity is the lowest degree of volition, a slight wish or tendency. Examples of usage In philosophy The 16th-century French philosopher Montaigne, in his essay ''On the Force of Imagination'' begi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halacha
''Halakha'' ( ; , ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws that are derived from the Written and Oral Torah. ''Halakha'' is based on biblical commandments ('' mitzvot''), subsequent Talmudic and rabbinic laws, and the customs and traditions which were compiled in the many books such as the '' Shulchan Aruch'' or '' Mishneh Torah''. ''Halakha'' is often translated as "Jewish law", although a more literal translation might be "the way to behave" or "the way of walking". The word is derived from the root, which means "to behave" (also "to go" or "to walk"). ''Halakha'' not only guides religious practices and beliefs; it also guides numerous aspects of day-to-day life. Historically, widespread observance of the laws of the Torah is first in evidence beginning in the second century BCE, and some say that the first evidence was even earlier. In the Jewish diaspora, ''halakha'' served many Jewish comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intention (criminal 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] |
Mistake Of Fact
In criminal law, a mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake of law, which is not usually a defense; law enforcement may or may not take for granted that individuals know what the law is. Discussion Most criminal law systems in developed states exclude mistake of law as a defense, because allowing defendants to invoke their own ignorance of the law would breach the public policy represented by the Latin maxim: '' ignorantia legis neminem excusat''. But someone operating under a mistake of fact will not generally be liable, because, although the defendant has committed the ''actus reus'' of the offense, the defendant may honestly believe in a set of facts that would prevent him or her from forming the requisite ''mens rea'' required to constitute the crime. For example: A defendant goes into a super ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duress
Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. Common-law systems codify the act of violating a law while under coercion as a duress crime. Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the optio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Animo
''Animo'' is a Latin legal term meaning 'with intention' or 'with purpose'. ''Animo'' can be neutral or negative, "a double edged sword," but is more often negative - and rarely positive. It was formerly used only in criminal law, but later in tort cases, which was used by juries to determine "ill will" of the defendant, as in 'animosity'. A number of Latinism A Latinism (from ) is a word, idiom, or structure in a language other than Latin that is derived from, or suggestive of, the Latin language. The Term ''Latinism'' refers to those loan words that are borrowed into another language directly from ...s developed: ''animo furandi'' (intent to steal), ''animo felonico'' (intent to commit a felony), and ''animo defamadi'' (intent to defame). These were all negative, but neutral forms arose in estate law: ''animo testandi'' ( animus testandi or testamentary intent) and ''animo revocandi'' (intent to revoke a will). Additional Latinisms include ''animo manendi'' (intent to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intent
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 action. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Velleity
Velleity is the lowest degree of volition, a slight wish or tendency. Examples of usage In philosophy The 16th-century French philosopher Montaigne, in his essay ''On the Force of Imagination'' begins with the epigraph he cites from a schoolboy textbook, ''Fortis imaginatio generat casum'', or "A strong imagination begets the event itself." In this essay, Montaigne describes the various ways that the will (or ''imagination'' as he calls it) causes people and other animals to do things or to have things done to them, with the barest of initiatives. In said essay, he links (what is now called) the placebo effect to the power of the will. For example, he describes how a certain Germain, was born a female named Mary, who "that by straining himself in a leap his male organs came out" at the age of 22. He also cites the stigmata of Dagobert and Saint Francis, and when the bride Laodice worshipping Venus cured her husband Amasis, King of Egypt of his impotence, among several other ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jewish Law Principles
Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, religion, and community are highly interrelated, as Judaism is their ethnic religion, though it is not practiced by all ethnic Jews. Despite this, religious Jews regard converts to Judaism as members of the Jewish nation, pursuant to the long-standing conversion process. The Israelites emerged from the pre-existing Canaanite peoples to establish Israel and Judah in the Southern Levant during the Iron Age. John Day (2005), ''In Search of Pre-Exilic Israel'', Bloomsbury Publishing, pp. 47.5 8'In this sense, the emergence of ancient Israel is viewed not as the cause of the demise of Canaanite culture but as its upshot'. Originally, Jews referred to the inhabitants of the kingdom of JudahCf. Marcus Jastrow's ''Dictionary of the Targumim, Talmud Babli, Talmud Yerushalmi and Mid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
