Juridical Dictionary

This dictionary contains:
8526
juridical terms

Per infortunium






Per infortunium

Criminal law. Homicide per infortunium, or by misadventure, is said to take place when a man in doing a lawful act, without any intent to hurt, unfortunately kills another.

RELATED TERMS
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Criminal
Relating to, or having the character of crime

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Homicide
Criminal law. According to Blackstone, it is the killing of any human creature. This is the most extensive sense of this word, in which the intention is not considered. But in a more limited sense, it is always understood that the killing is by human agency, and Hawkins defines it to be the killing of a man by a man.Homicide may perhaps be described to be the destruction of the life of one human being, either by himself, or by the act, procurement, or culpable omission of another. When the death has been intentionally caused by the deceased himself, the offender is called felo de se; when it is caused by another, it is justifiable, excusable, or felonious. The person killed must have been born; the killing before birth is balled foeticide.

Misadventure
Criminal law, torts. An accident by which an injury occurs to another.

Said
Before mentioned.

Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.

Place
Pleading, evidence. A particular portion of space; locality.

When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

Lawful
That which is not forbidden by law. Id omne licitum est, quod non est legibus prohibitum, quamobrem, quod, lege permittente, fit, poenam non meretur. To be valid a contract must be lawful.

Act
1) Civil law, contracts. A writing which states in a legal form that a thing has been said, done, or agreed. 2) Evidence. The act of one of several conspirators, performed inpursuance of the common design, is evidence against all of them.

Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.



SIMILAR TERMS
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Per and cui
When a writ of entry is brought against a second alienee or descendant from the disseisor, it is said to be in the per and cui, because the form of the writ is that the tenant had not entry but by and under a prior alienee, to whom the intruder himself demised it.

Per capita
Per Capita or capita. By heads or polls. An expression of frequent occurrence in laws regulating the distribution of the estates of persons dying intestate

Per curiam
(United Kingdom) In the opinion of the court.

Per diem
The allowance for meals and incidental travel related expenses.

Per fraudem
A replication to a plea where something has been pleaded which would be a discharge, if it had been honestly pleaded, that such a thing has been obtained by fraud.

Per minas
By threats. When a man is compelled to enter into a contract by threats or menaces, either for fear of loss of life, or mayhem, he may avoid it afterwards.

Per my et per tout
By every part or parcel and by the whole. A joint tenant of lands is said to be seised per my et per tout.

Per quod
Pleading. By which; whereby.

Per se doctrine
Under this doctrine an activity such as price fixing can be declared as a violation of the antitrust laws without necessity of a court inquiring into the reasonableness of the activity.

Per stirpes
By stock; by roots.



PREVIOUS AND NEXT TERMS
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Per
By. When a writ of entry is sued out against the alienee, or descendant of the original disseisor, it is then said to be brought in the per, because the writ states that the tenant had not the entry but by the original wrong doer.

Per and cui
When a writ of entry is brought against a second alienee or descendant from the disseisor, it is said to be in the per and cui, because the form of the writ is that the tenant had not entry but by and under a prior alienee, to whom the intruder himself demised it.

Per capita
Per Capita or capita. By heads or polls. An expression of frequent occurrence in laws regulating the distribution of the estates of persons dying intestate

Per curiam
(United Kingdom) In the opinion of the court.

Per fraudem
A replication to a plea where something has been pleaded which would be a discharge, if it had been honestly pleaded, that such a thing has been obtained by fraud.

Per infortunium

Per minas
By threats. When a man is compelled to enter into a contract by threats or menaces, either for fear of loss of life, or mayhem, he may avoid it afterwards.

Per my et per tout
By every part or parcel and by the whole. A joint tenant of lands is said to be seised per my et per tout.

Per quod
Pleading. By which; whereby.

Per se doctrine
Under this doctrine an activity such as price fixing can be declared as a violation of the antitrust laws without necessity of a court inquiring into the reasonableness of the activity.

Per stirpes
By stock; by roots.

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This dictionary contains 8526 terms.