Confession - Law Dictionary Search Results
Home Dictionary Name: confession Page: 3Torture
Torture, an account of this atrocious expedient may be found in the Encyclop'dia Britannica (tit. 'Torture'). Reference may also be made to Jardine's Reading on the Use of Torture in the Criminal Law of England previously to the Commonwealth (1837), and an article by Mr. Wyatt Paine in the Law Times of January 28th, 1905, at p. 294, where attention is directed to the preamble of the Act for Pirates, 27 Hen. 8, c. 4 (repealed by the (English) Statute Law Revision Act, 1863).The infliction of intense pain to body or mind to punish; to extract a confession or information, or to obtain sadistic pleasure, Black's Law Dictionary, 7th Edn., p. 1498.Torture is strictly the infliction of gradually increasing pain for the purpose of extracting confession, or accusation, but it is also used in the secondary sense of those 'cruel and unusual punishments' which, by the Bill of Rights of 1688, 'ought not to be inflicted.' The peine forte et dure (see that title) is also a kind of torture in the prim...
Confessor
One who confesses one who acknowledges a fault or the truth of a charge at the risk of suffering specifically one who confesses himself a follower of Christ and endures persecution for his faith...
Privileged communication
Privileged communication, a communication which a witness cannot be compelled to divulge, such as that which takes place between husband and wife (see the (English) Evidence Amendment Act, 1853 (16 & 17 Vict. c. 83), s. 3, and Criminal Evidence Act, 1898 (61 & 62 Vict. c. 36), s. 1), between a client and his legal adviser, and which cannot be disclosed without the client's consent; secrets of State, etc. See also CONFESSION. Also a communication which cannot be made the ground of an action for defamation, either (a) absolutely, or (b) without a malicious motive, such as that which is made truthfully and bona fide by a master respecting the character of a servant to a person intending to employ him. Incidental publication will not affect the privilege, Edmondson v. Birch, (1907) 1 KB 371; consult Odgers on Libel. See LIBEL....
Bruton error
Bruton error, is the violation of a criminal defendant's constitutional right of confrontation by admitting into evidence a non-testifying codefendant's confession that implicates a defendant who claims innocence, Bruton v. United States, 391 US 123: 88 SCT 1620....
Civil death
Civil death. A man is said to be civilly dead (civiliter mortuus) when he has been attainted of treason or felony, and, in former times, when he adjured the realm or went into a monastery. The (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), provides that after the passing of that Act no confession, verdict, inquest, conviction, or judgment of or for any treason or felony, or felo de se, shall cause any attainder or corruption of blood, or any forfeiture or escheat.At common law, the loss of rights. Such as the rights to vote, make contracts, inherit, hold public office and sue, Black's Law Dictionary, 7th Edn.Civil death, where a property-owner has not been heard of for more than seven years and is therefore treated as having died a civil death, Sheo Nand v. Deputy Director of Consolidation, Allahabad, (2000) 3 SCC 103....
Cognovit actionem
Cognovit actionem (he has confessed the action), a defendant's written confession of an action brought against him, to which he has no available defence. it is usually upon condition that he shall be allowed a certain time for the payment of the debt or damages, and costs. It is supposed to be given in Court, and it impliedly authorizes the plaintiff's solicitor to do everything necessary in order to obtain judgment.By the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 24, a warrant of attorney to confess judgment in any personal action, or cognovit actionem given by any person, is not of any force unless there is present some solicitor of the Supreme Court on behalf of such person, expressly named by him, and attending at his request to inform him of the nature and effect of such warrant or cognovit before the same is executed, which solicitor must subscribe his name as a witness; and the same Act also contains various provisions in regard to the filing of warrants of attorney,...
Confessio facta in judicio omni probatione major est
Confessio facta in judicio omni probatione major est [Lat.], A confession made in judicial proceedings if of greater force than all proof....
Default
Default, omission of that which a man ought to do; neglect.When a defendant neglects to take certain steps in an action, which are required by the rules of Court, the Court may thereupon give judgment against him by default. The defendant allows judgment by default either intentionally or through mistake or neglect; intentionally, where he has no merits, or where he does so according to a previous agreement with the plaintiff; through mistake, when he delivers a pleading so defective that it is treated as a nullity; and through neglect, when perhaps he has no merits, but omits to appear, plead, etc., within the time limited by the rules of the Court for that purpose. This is an implied confession of the action. See the titles JUDGMENT, APPEARANCE, and PLEADING.It is defined as the non-performance of a duty, a failure to perform a legal duty or an omission to do something required, S. Sundaram Pillai v. V.R. Pattabiraman, (1985) 1 SCC 591: AIR 1985 SC 582: (1985) 2 SCR 643.It means non-...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
McNabb-Mallory rule
McNabb-Mallory rule, Criminal Procedure the doctrine that a confession is inadmissible if obtained during an reasonably long detention period between arrest and preliminary hearing. Because of the broader protections afforded under the Mioranda rule, the McNabb-Mallory rule is rarely applied in modern cases, McNabb v. United States, 318 US 332, 63 S.Ct. 608 (1943); Mallory v. United States, 354 US 449, 77 S.Ct. 1356 (1957); Black's Law Dictionary, 7th Edn., p. 994....
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