Chance - Law Dictionary Search Results
Home Dictionary Name: chanceChance
Chance, misfortune, accident, deficiency of will. Where a man commits an unlawful act by misfortune and chance, and not by design, his will not co-operating with the deed, such act wants one main ingredient of a crime. If an accidental mischief should follow from the performance of a lawful act, the party stands excused from all guilt; but if the act be felonious, and a consequence ensues not foreseen or intended, as the death of a man or the like, his want of foresight shall be no excuse, for, being guilty of one offence, in doing antecedently what is in itself unlawful, he is criminally guilty of whatever consequence may follow.But a very important distinction is made in such cases, viz., whether the unlawful act is als in its original nature wrong and mischivous; for a person is not answerable for the incidental consequences of an unlawful act which is merely malum prohibitum; as, where any unfortunate accident happens from an unqualified person being in pursuit of game, he is amena...
Chance witness
Chance witness, the expression chance witness is borrowed from countries where every man's home is considered his castle and everyone must have an explanation for his presence elsewhere or in another man's castle. It is quite an unsuitable expression in a country where people are less formal and more casual, Chanakya Dhibar v. State of West Bengal, (2004) 12 SCC 398. See also State of Andhra Pradesh v. K. Srinivasulu, AIR 2004 SC 3305. (Penal Code, 1860, s. 302)...
Chance, Game of
Chance, Game of, playing at, in a public place is punishable under (English) Vagrant Act Amendment Act, 1873 (36 & 37 Vict. c. 38); applied to a 'pari mutuel' - machine whereby the element of chance is added to the element of matching one horse against another-in Tollett v. Thomas, (1871) LR 6 QB 514. And see GAMING; LOTTERY....
Chance-medley
Chance-medley [fr. Chaude meslee, Fr.; fr. Chaud, hot and mislee, fray, mesler, meler, to mingle, mescolare, It. When the element chaud lost its meaning to ordinary English ears, it ws replaced by chance in accordance with the meaning of the compound, Wedgw.], a casual affray. Such killing of a person as happens either in self-defence on a sudden quarrel, or in the commission of an unlawful act without any deliberate intention of doing any mischief, 1 Hawk. P. C. c. xxx., s. 1. It is sometimes termed chaud-medley, which more properly signifies an affray in the heat of blod or passion....
last clear chance
last clear chance : a doctrine in the law of negligence: the contributory negligence of a plaintiff in putting himself or herself in peril will not bar recovery from a defendant who could have avoided injuring or killing the plaintiff by the use of ordinary care called also discovered peril ...
Lottery
Lottery, a game of chance; a distribution of prizes by lot or chance, Taylor v. Smetten, (1883) 11 QBD 207. By 10 & 11 Wm. 3, c. 17, Chitty's Statutes, tit. 'Games,' all lotteries were declared to be public nuisances, and all grants, patents, or licences for the same to be contrary to law; and the (English) Gaming Act, 1802 (42 Geo. 3, c. 119), imposes a penalty of 500l. on any person keeping any place for any lottery' not authorized by Parliament' for as lotteries were found to be a ready mode for raising money for the service of the state, they were from time to time sanctioned by Acts of Parliament passed expressly for this purpose (see 4 Geo. 4, c. 60), but by 6 Geo. 4, c. 60, they were abolished. As to what constitutes 'keeping' within the Act of 1802, see Martin v. Benjamin, (1907) 1 KB 64; but a body corporate cannot be convicted (s. 41) as rogues and vagabonds, Hawke v. Hulton, (1909) 2 KB 93.A physical lot is not essential to a lottery, Barclay v. Pearson, (1893) 2 Ch 154. In ...
Gaming
Gaming, it is the act or practice of gambling on a game of chance. It is staking on chance where chance is the controlling factor, K.R. Lakshmanan (Dr.) v. State of T.N., AIR 1996 SC 1153 (1165): (1996) 2 SCC 226. [T.N. Gaming Act, (3 of 1930), s. 11]Gaming is an inclusive definition which includes a game of chance and skill combined or a pretended game of chance or of chance and skill combined. M.J. Sivani v. State of Karnataka, AIR 1995 SC 1770 (1772): (1995) 8 SCC 289....
Oral argument
Oral argument, is the one chance for you (not for some chance-assigned mere judge) to answer any questions you can stir any member of the court into being bothered about and into bothering with, and the one chance to sew up each such question into a remembered point in favour. In any but freak situations, oral argument is a must, The Common Law Tradition: Deciding Appeals, Karl No. Llewellyn, 240 (1960).Means an advocate's spoken presentation before a court (esp. an appellate court) supporting or opposing the legal relief at issue, Black's Law Dictionary, 7th Edn., p. 1122....
gamble
gamble gam·bled gam·bling vi : to risk something of value for the chance of winning a prize vt : to risk (something) for the chance of winning a prize gam·bler [-blər] n ...
Fortuitous
Happening by chance coming or occuring unexpectedly or without any known cause chance as the fortuitous concourse of atoms...
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