Search Results for: UNLAWFUL

intimidation

intimidation, n. Unlawful coercion; extortion. • In England, intimidation was established as a tort in the 1964 case of Rookes v. Barnard, 1964 App. Cas. 1129 (P.C. 1964) (appeal taken from B.C.).[Cases: Extortion and Threats 34. C.J.S. Threats and Unlawful Communications §§ 29–31.] — intimidate, vb. — intimidatory, adj. — intimidator, n. “The wrong of

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misdemeanor manslaughter

misdemeanor manslaughter. See MANSLAUGHTER. MISDEMEANOR-MANSLAUGHTER RULE misdemeanor-manslaughter rule. The doctrine that a death occurring during the commission of a misdemeanor (or sometimes a nondangerous felony) is involuntary manslaughter. • Many states and the Model Penal Code have abolished this rule. Cf. FELONY-MURDER RULE. [Cases: Homicide 620–652.] “Companion to the felony-murder rule is the so-called misdemeanor-manslaughter

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detainer

detainer n. (1)(对财产的)扣押;扣留;占有 尤指非法占有。 (→unlawful detainer) (2)拘留;羁押 (3)〈美〉指控服刑犯的通知;即将释放服刑犯的通知 指检察官、法官或其他官员告知监狱官员某一服刑犯受到了刑事指控,需要其对指控作出答辩并要求对该犯人继续关押的通知,或者指监狱告知上述人员某一服刑犯即将被释放的通知。根据《州际指控服刑犯通知的协议》〔Interstate Agreement on Detainers〕的规定,该词指一州的控诉机关或警察机关向另一州某一犯人的服刑机关提出的说明该犯人在本州正受到刑事指控的通知。 (4)〈英〉续行拘禁 指在民事诉讼程序中受到拘禁的人,在被释放前,又对其签发了另一拘禁令,从而对其继续执行拘禁。在1838年的《判决法》〔Judgments Act〕废除了依中间令状的拘禁〔arrest on mesne process〕后,续行拘禁的做法亦被废除。

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per infortunium

per infortunium (p[schwa]r in-for-t[y]oo-nee-[schwa]m), adj. or adv. [Latin] By misadventure. • At common law, when one person killed another per infortunium, a conviction and royal pardon were necessary even when there was no fault. See homicide per infortunium under HOMICIDE. “It may seem strange to modern minds that for centuries it was a rule of

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breaking

breaking, n. Criminal law. In the law of burglary, the act of entering a building without permission. [Cases: Burglary 9(1). C.J.S. Burglary §§ 11–12, 14–16, 20.] “[T]o constitute a breaking at common law, there had to be the creation of a breach or opening; a mere trespass at law was insufficient. If the occupant of

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entry

entry, n. 1. The act, right, or privilege of entering real property (they were given entry into the stadium). forcible entry. See FORCIBLE ENTRY. lawful entry. 1. The entry onto real property by a person not in possession, under a claim or color of right, and without force or fraud. 2. The entry of premises

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