Criminal Liability - Law Dictionary Search Results
Home Dictionary Name: criminal liabilitycriminal liability
criminal liability see liability ...
liability
liability pl: -ties 1 : the quality or state of being liable 2 : something for which one is liable: as a : a financial obligation : debt [tax ] [the bonds are liabilities] compare asset contingent liability : an amount that may or may not be owed depending on the outcome of a contingency (as a cosigner's default on a loan) fixed liability : a liability (as a bond or mortgage) that does not mature for at least one year from the date incurred or from a given date b : accountability and responsibility to another enforceable by civil remedies or criminal sanctions [ for injuries caused by their product] absolute liability : strict liability in this entry alternative liability : joint liability imposed on multiple tortfeasors when there are simultaneous tortious acts (as defective manufacture of parts of a wheel by different manufacturers) and uncertainty as to which act was the proximate cause of an injury compare concert of action civil liability : liability imposed under c...
Liability incurred
Liability incurred, the words 'liability incurred' are very general and comprehensive and ordinarily take in both civil and criminal liability, Kapor Chand Pokhraj v. State of Bombay, AIR 1958 SC 993 (995): 1959 SCR 250. [Bombay Sales Tax Act, (3 of 1953), s. 48(2)(1)]...
impossibility
impossibility pl: -ties 1 : the quality or state of being impossible ;also : the affirmative defense that something (as performance) is impossible 2 : something impossible 3 : impossibility of performance in this entry fac·tu·al impossibility : impossibility based on factual circumstances ;specif : a partial defense to criminal liability based on the incompletion of an intended criminal act NOTE: Factual impossibility is not a complete defense and does allow prosecution for attempt or for another inchoate offense. For example, if the defendant constructed a bomb that failed to explode, factual impossibility would be a defense against murder charges, but not attempted murder. impossibility of per·for·mance 1 : a doctrine in contract law that a party may be released from liability for breach of contract for failing to perform an obligation that is rendered impossible by uncontrollable circumstances (as death or failure of the means of delivery) 2 : a defe...
acquit
acquit ac·quit·ted ac·quit·ting [Old French acquiter to pay off, absolve, acquit, from a-, prefix marking causation + quite free (of an obligation)] vt : to discharge completely: as a : to release from liability for a debt or other obligation usually used in agreements [forever release, , and discharge each other] b : to absolve (a criminal defendant) of a charge by judicial process c : to clear of wrongdoing [the fact…does not them of misrepresentation "In re Hiller, 694 P.2d 540 (1985)"] vi : to absolve a defendant of criminal liability [must if any reasonable doubt existed "Commonwealth v. Gagliardi, 638 N.E.2d 20 (1994)"] compare convict ...
Directors
Directors, persons appointed or elected according to law, authorized to manage and direct the affairs of a corporation or company. The whole of the directors collectively form the board of directors. Their powers, if the company be incorporated by Act of Parliament, are derived from its special Acts and ss. 90-100 of the (English) Companies Clauses Act, 1845; if the company be incorporated under the (English) Companies Act, 1929, see ss. 139 et seq., ibid. The company is bound by all acts of the directors within the scope of their authority. They may receive a salary, but may make no personal profit from the company [see, however, Re Dover Coalfield Ltd., (1908) 1 Ch 65], nor can a pension be granted to a retiring managing director, Normandy v. Ind, Coope & Co., (1908) 1 Ch 84; but they were under no personal liability except for fraud, as to the criminal liability for which see Larceny Act, 1861 (24 & 25 Vict. c. 96), ss. 81 et seq., and DECEIT. Public companies registered after Octob...
Actus reus
Actus reus, means the wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability; a forbidden act i.e. the actus reus for theft is the taking of or unlawful control over property without the owner's consent. Also termed deed of crime; overt act, Black Law Dictionary, 7th Edn., p. 37.The phrase 'deed of crime' i.e. actus reus as so used does not indicate the crime itself but merely one of the ingredients of crime; and this ingredient may be present without any crime at all, just as hydrogen is one of the ingredients of water but may be present without water. The words 'deed of crime' are so suggesting of the crime itself, however, that perhaps the Latin phrase 'actus reus' is less likely to cause confusion. The actus reus is essential to crime but is not sufficient for this purpose without the necessary mens rea, just as mens rea is essential to crime but is sufficient without the necessary 'actus reus...
Autretois acquit and autrefois convict
Autretois acquit and autrefois convict, they are pleas which are concerned with the judicial determination of an alleged criminal liability and in the case of conviction with the substitution of a new liability, State of Andhra Pradesh v. Kokkiliagada Meerayya, (1969) 1 SCC 161 (165): AIR 1970 SC 771....
lesser included offense
lesser included offense : a crime (as unlawful entry) that is by definition included in the commission of another crime (as burglary) which has additional elements and greater criminal liability called also included offense NOTE: A criminal defendant may be convicted of a lesser included offense even if not charged specifically with that crime. ...
King can do no wrong
King can do no wrong, in India in criminal jurisdic-tion the principle 'king can do no wrong' is not applicable. The Government is as much bound by criminal liability as an individual, Superintendent and Remembrancer of Legal Affairs v. Corporation of Calcutta, AIR 1967 SC 997: (1967) 2 SCR 170.In India in the sector of tort, State of Rajasthan v. Mst. Vidhyawati, AIR 1962 SC 933: 1962 Supp (2) SCR 989.Also this principle is on the verge of total abandonment, Pushpa Thakur v. Union of India, AIR 1986 SC 1199....
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