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Duty To Retreat
In law, the duty to retreat, or requirement of safe retreat,''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> is a legal requirement in some jurisdictions that a threatened person cannot harm another in self-defense (especially lethal force) when it is possible instead to retreat to a place of safety. This requirement contrasts with some other jurisdictions to '' stand one's ground'', meaning being allowed to defend one's self instead of retreating. It is a specific component which sometimes appears in the criminal defense of self-defense, and which must be addressed if criminal defendants are to prove that their conduct was justified. Depending on the state the criminal defendants have to prove a minimal time period of safe retreat. English law In English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wolters Kluwer Law & Business
Wolters Kluwer N.V. is a Dutch information services company. The company serves legal, business, tax, accounting, finance, audit, risk, compliance, and healthcare markets. Wolters Kluwer in its current form was founded in 1987 with a merger between Kluwer Publishers and Wolters Samsom. It operates in over 150 countries. The company is headquartered in Alphen aan den Rijn, Netherlands (Global). History Early history Jan-Berend Wolters founded the Schoolbook publishing house in Groningen, Groningen, Netherlands, in 1836. In 1858, the Noordhoff publishing house was founded alongside the Schoolbook publishing house. The two publishing houses merged in 1968. Wolters-Noordhoff merged with Information and Communications Union (ICU) in 1972 and took the name ICU. ICU acquired Croner Group, Croner in 1977, ICU changed its name to Wolters-Samsom in 1983. The company began serving foreign law firms and multinational companies in China in 1985. In 1987, Elsevier, the largest publishing hous ... [...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] |
Trespasser
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional. At the same time, the status of a visitor as a trespasser (as opposed to an invitee or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner. Trespassing as a tort The tort of trespass to land requires an intentional physical invasion of the plaintiff's real property by the defendant or a refusal to leave when ordered to leave. Intent required For example, a person walking in a public park who trips and rolls down a hill will not be liable for trespass just because the bottom of the hill is on private land. Physical invasion The trespasser need not enter the land in person. Indeed, if A and B are standing next to C's land, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stand-your-ground Law
A stand-your-ground law, sometimes called a "line in the sand" or "no duty to retreat" law, provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes (right of self-defense). Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present.Florida Statutes Title XLVI Chapter 776 The exact details vary by jurisdiction. The alternative to stand your ground is "duty to retreat". In jurisdictions that implement a duty to retreat, even a person who is unlawfully attacked (or who is defending someone who is unlawfully attacked) may not use deadly force if it is possible to instead avoid the danger with complete safety by retreating. Even areas that impose a duty to retreat generally follow the "castle doctrine", under which people have no duty to retreat when they are attacked in their homes, or (in some places) in their veh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right Of Self-defense
The right of self-defense is the right for people as individuals to commit a crime, violent or non-violent, for the purpose of defending their own life ( self-defense) and property, or to defend the lives of others, in certain circumstances. For example, while reckless driving is usually against the law, it can be justified if it was done to avoid a collision. The right, when it applies to the defense of another, is also called alter ego defense, defense of others, defense of a third person. Nations and states also have a right to self-defense in relation to their existence and independence. In criminal law, if a defendant commits a crime because of a threat of deadly or grievous harm, or a reasonable perception of such harm, the defendant is said to have a "perfect self-defense" justification.Criminal Law Cases and Materials, 7th ed. 2012; John Kaplan, Robert Weisberg, Guyora Binder If a defendant commits a crime because of such a perception, and the perception is not re ... [...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] |
Natural Law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism, but not to be confused with what is called simply ''naturalism'' in legal philosophy—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with ''positive law'' (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Runyan V
Runyan is a surname. People with the surname include: *Damon Runyon (born Alfred Damon Runyan; 1880–1946), American newspaperman and writer * Damon Runyan (born 1976), actor * Jon Runyan (born 1973), American politician *Jon Runyan Jr. (born 1997), American football player & son of Jon *Marla Runyan (born 1969), American athlete and runner *Pablo Runyan (1925–2002), Panamanian painter *Paul Runyan (1908–2002), American golfer *Rachael Runyan (1979–1982), American murder victim * Sean Runyan (born 1974), American baseball player *Tygh Runyan Tygh Runyan (born June 13, 1976) is a Canadian actor and musician. Career Runyan has had a long career of character and supporting roles. His most notable roles are as Dr. Robert Caine in ''Stargate Universe'' and Fabien Marchal in ''Versaille ... (born 1976), American/Canadian actor and musician See also * Runyon (other) {{surname, Runyan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Ohio
The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, who are elected at large by the voters of Ohio for six-year terms. The court has a total of 1,550 other employees. Since 2004, the court has met in the Thomas J. Moyer Ohio Judicial Center (formerly known as the Ohio Departments Building) on the east bank of the Scioto River in Downtown Columbus. Prior to 2004, the court met in the James A. Rhodes State Office Tower and earlier in the Judiciary Annex (now the Senate Building) of the Ohio Statehouse. The Ohio Supreme Court and the rest of the judiciary is established and authorized within Article IV of the Ohio Constitution. History The Supreme Court of Ohio was founded in 1802, established in the state constitution as a three-member court, holding courts in each county every year. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Erwin V
Erwin may refer to: People Given name * Erwin Chargaff (1905–2002), Austrian biochemist * Erwin Chemerinsky (born 1953), American legal scholar * Erwin Dold (1919–2012), German concentration camp commandant in World War 2 * Erwin Hauer (1926–2017), Austrian-born American sculptor * Egon Erwin Kisch (1885–1948), Czechoslovak writer and journalist * Erwin Emata (born 1973), Filipino mountain climber * Erwin James (born 1957), British writer and journalist * Erwin Josi (born 1955), Swiss alpine skier * Erwin Klein (died 1992), American table tennis player * Erwin Koeman (born 1961), Dutch footballer and coach * Erwin Kramer (1902–1979), East German politician * Erwin Kreyszig (1922–2008), American academic * Erwin Neutzsky-Wulff (born 1949), Danish author and philosopher * Erwin Osen (1891–1970), Austrian painter and mime artist * Erwin Panofsky (1892-1968), German-Jewish art historian * Erwin Ramírez (born 1971), Ecuadorian football player * Erwin Rommel (1891– ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. The chief reporter on the project was Herbert Wechsler, and contributors included Sanford Kadish and numerous other noted criminal law scholars, prosecutors, and defense lawyers.Wechsler (1952)Dubber (2015, pp. 7-10). The ALI performed an examination of the penal system in the U.S. and the prohibitions, sanctions, excuses, and authority used throughout in order to arrive at a cohesive synthesis to the extent possible, and the best rules for the penal system in the United States. Primary responsibility for criminal law lies with the individual states, which over the years led to great inconsistency among the various state penal codes. The MPC was meant to be a comprehensive criminal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stand-your-ground Law
A stand-your-ground law, sometimes called a "line in the sand" or "no duty to retreat" law, provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes (right of self-defense). Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present.Florida Statutes Title XLVI Chapter 776 The exact details vary by jurisdiction. The alternative to stand your ground is "duty to retreat". In jurisdictions that implement a duty to retreat, even a person who is unlawfully attacked (or who is defending someone who is unlawfully attacked) may not use deadly force if it is possible to instead avoid the danger with complete safety by retreating. Even areas that impose a duty to retreat generally follow the "castle doctrine", under which people have no duty to retreat when they are attacked in their homes, or (in some places) in their veh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
