sacer
sacer (sas-[schwa]r), adj. [Latin “sacred; forfeited to a god”] Roman law. (Of an outlaw or a wrongdoer) punished by being placed outside the law’s protection. See CONSECRATIO CAPITIS; OUTLAWRY.
Search Results for: PLACE OF WRONG
dubitante
dubitante (d[y]oo-bi-tan-tee). [Latin] Doubting. • This term was usu. placed in a law report next to a judge’s name, indicating that the judge doubted a legal point but was unwilling to state that it was wrong. — Also termed dubitans. “[E]xpressing the epitome of the common law spirit, there is the opinion entered dubitante —
emendation
emendation (ee-men-day-sh[schwa]n). 1. Correction or revision, esp. of a text. 2. Hist. The correction of an error or wrongdoing; atonement for a criminal offense, esp. by the payment of money. • As criminal law developed over time, emendation by payment of wer or wite gradually faded away and was replaced by harsher punishments.
locus delicti
locus delicti (loh-k[schwa]s d[schwa]-lik-tI). [Latin “place of the wrong”] The place where an offense was committed; the place where the last event necessary to make the actor liable occurred. Cf. LEX LOCI DELICTI. [Cases: Torts 2. C.J.S. Aeronautics and Aerospace § 272; Conflict of Laws §§ 16–17, 99; Right of Privacy and Publicity§§ 3, 40;
locality test
locality test. Maritime law. The requirement that, for a federal court to exercise admiralty tort jurisdiction, the alleged wrong must have occurred on navigable waters. • The test was replaced by the locality-plus test in Executive Jet Aviation, Inc. v. Cleveland, 409 U.S. 249, 93 S.Ct. 493 (1972). — Also termed locality rule. See LOCALITY-PLUS
rescue doctrine
rescue doctrine. Torts. The principle that a tortfeasor who negligently endangered a person is liable for injuries to someone who reasonably attempted to rescue the person in danger. • The rationale for this doctrine is that an attempted rescue of someone in danger is always foreseeable. Thus, if the tortfeasor is negligent toward the rescuee,
illegal entry
illegal entry. 1. Criminal law. The unlawful act of going into a building with the intent to commit a crime. • In some jurisdictions, illegal entry is a lesser included offense of burglary. [Cases: Burglary 9. C.J.S. Burglary §§ 11–12, 16, 21–22.] 2. Immigration. The unauthorized entrance of an alien into the United States by
delict
delict (di-likt), n. [Latin delictum “an offense”] Roman & civil law. A violation of the law; esp., a wrongful act or omission giving rise to a claim for compensation; TORT. — Also termed (in Roman law) delictum; (in French law) délit. [Cases: Torts 1. C.J.S. Torts §§ 2–7.] “A delict is a civil wrong. It
control theory
control theory. The theory that people will engage in criminal behavior unless certain personally held social controls (such as a strong investment in conventional, legitimate activities or a belief that criminal behavior is morally wrong) are in place to prevent them from doing so. Cf. ROUTINE-ACTIVITIES THEORY Y; RA-TIONAL-CHOICE THEORY; STRAIN THEORY.
lex loci delicti
lex loci delicti (leks loh-sI d[schwa]-lik-tI). [Latin] The law of the place where the tort or other wrong was committed. — Often shortened to lex delicti. — Also termed lex loci delictus; lex loci delicti commissi; place-of-wrong rule; place-of-wrong law. Cf. LOCUS DELICTI. [Cases: Negligence 204; Torts 2. C.J.S. Aeronautics and Aerospace § 272; Conflict