Search Results for: DEFENSE OF OTHERS

justification defense

justification defense. Criminal & tort law. A defense that arises when the defendant has acted in a way that the law does not seek to prevent. • Traditionally, the following defenses were justifications: consent, self-defense, defense of others, defense of property, necessity (choice of evils), the use of force to make an arrest, and the

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sequestration

sequestration (see-kwes-tray-sh[schwa]n), n. 1. The process by which property is removed from the possessor pending the outcome of a dispute in which two or more parties contend for it. Cf. ATTACHMENT(1); GARNISHMENT. [Cases: Sequestration 1. C.J.S. Sequestration §§ 2–3, 5.] conventional sequestration. The parties’ voluntary deposit of the property at issue in a lawsuit. judicial

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damnum fatale

damnum fatale (dam-n[schwa]m f[schwa]-tay-lee). [Latin “unavoidable damage”] Roman law. Damage caused by an unavoidable circumstance, such as a storm or a shipwreck, for which bailees or others will not be held liable. • But an exception was made for damages resulting from theft. “The liability of innkeepers, carriers, and stable keepers, at Roman law, was

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somnolentia

somnolentia (sahm-n[schwa]-len-shee-[schwa]). 1. The state of drowsiness. 2. A condition of incomplete sleep resembling drunkenness, during which part of the faculties are abnormally excited while the others are dormant; the combined condition of sleeping and wakefulness producing a temporary state of involuntary intoxication. • To the extent that it destroys moral agency, somnolentia may be

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joyriding

joyriding, n. The illegal driving of someone else’s automobile without permission, but with no intent to deprive the owner of it permanently. • Under the Model Penal Code, the offender’s reasonable belief that the owner would have consented is an affirmative defense. See Model Penal Code § 223. 9. — Also termed unauthorized use of

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plead (one’s) belly

plead (one’s) belly. Hist. Slang. (Of a female defendant) to claim pregnancy as a defense, usu. to postpone or avoid a court’s sentence of capital punishment or transportation. • A female defendant who pleaded that she was pregnant was treated with suspicion. The judge would appoint a jury of matrons (often consisting of 12 married

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