constructive intent
constructive intent 推定的意图 指应该预见到行为会发生某种后果，而有意或任意作出此行为导致伤害他人，法律推定其具有伤害意图。
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Search Results for: constructive intent
constructive intent
A legal principle that actual intent will be presumed when an act leading to the result could have been reasonably expected to cause that result.
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constructive seizure
A manifest intent to seize and take possession of another person’s property, usu. either by lawfully acquiring actual custody and control of the property or by posting notice of the property’s pending foreclosure.
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constructive larceny
Larceny in which the perpetrator’s felonious intent to appropriate the goods is construed from the defendant’s conduct at the time of asportation, although a felonious intent was not present before that time.
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constructive taking
An act that does not equal an actual appropriation of an article but that does show an intention to convert it, as when a person entrusted with the possession of goods starts using them contrary to the owner’s instructions.
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larceny by a constructive trespass
Larceny that occurs when a property owner mistakenly gives another person more property than is due, and the recipient knows about the error but does not disclose it before taking the excess property with the intent of converting it to his or her own use.
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constructive occupancy
A manifest intent to occupy property physically, followed within a reasonable time by actual occupancy.
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seizure
seizure, n. The act or an instance of taking possession of a person or property by legal right or process; esp., in constitutional law, a confiscation or arrest that may interfere with a person’s reasonable expectation of privacy. [Cases: Arrest 68(4); Searches and Seizures 13. 1. C.J.S. Arrest § 45; Searches and Seizures§§ 8, 13,
taking
taking, n. 1. Criminal & tort law. The act of seizing an article, with or without removing it, but with an implicit transfer of possession or control. constructive taking. An act that does not equal an actual appropriation of an article but that does show an intention to convert it, as when a person entrusted
traditio
traditio (tr[schwa]-dish-ee-oh), n. [Latin] Roman law. The simple delivery of a piece of property by one person to another with the intention of transferring ownership. • This was the simplest form of transfer, and ultimately it was applied to land as well as movables. Constructive delivery was developed. — Also termed traditio rei. See BREVI