Discernment - Law Dictionary Search Results
Age
presumed to be doli incapax, but this presumption may be rebutted by evidence of the infant's capacity to discern good from evil (malitia supplet 'tatem-malice supplies age). The old rule in criminal matters was that a person
Arbitrary
no impediment in adopting the procedure, the deviation to act in different manner which does not disclose any discernible principle which is reasonable itself shall be labelled as arbitrary. Every State action must be informed by reason
Damages
It has more than one signification but the precise import in a given context is not difficult to discern. A plurality of variants stemming out of a core concept is seen in such words as actual damages,
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Murder
Pl.; Steph. Dig. (1) The person committing the offence must be conscious of doing wrong, and able to discern between good and evil. See IDIOT; LUNATIC; DRUNKENNESS AND MACNAUGHTON'S CASE. (2) Death must result within a year
Legislation
though in some specific instances the line which separates one category from the other may not be easily discernible. Adjudication of the rights of the parties according to law enacted by the legislature is a judicial function.
Liable
the lexicographer's angle. The court must give effect to the will and inbuilt policy of the legislature as discernible from the object and scheme of the enactment and the language employed therein, Superintendent and Remembrancer of Legal
Marriage
marriage, at all events for dower and heirship; but if in an irregular marriage the Ecclesiastical Court could discern a valid promise to marry, it would order the parties to solemnize marriage 'in facie ecclesi'', Baxter v.
Particulars of sale
per Tindal, C.J. If there be anything connected with the property important to be known which cannot be discerned or may be misapprehended by ocular inspection, it ought to be stated in the particulars: see Dav. Prec.
Usage
linked with human actions it is not the identify of the person vis-'-vis his caste which matters in discerning the contours of any 'usage'. 'Usage' is described as different from custom as there is no usage through
Second sight
The power of discerning what is not visible to the physical eye or of foreseeing future events esp such as are of
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