Malum Prohibitum - Law Dictionary Search Results
Home Dictionary Name: malum prohibitummalum prohibitum
malum prohibitum pl: mala pro·hib·i·ta [-hi-bə-tə] [New Latin, prohibited offense] : an offense prohibited by statute but not inherently evil or wrong [is malum prohibitum and, therefore, does not demand mens rea "Commonwealth v. Guthrie, 616 A.2d 1019 (1992)"] often used with a preceding noun (as crime or act) [acts malum prohibitum] compare malum in se ...
Malum prohibitum
Malum prohibitum. See MALA PROHIBITA....
malum in se
malum in se pl: mala in se [ma-lə-, mÄ -] [New Latin, offense in itself] : an offense that is evil or wrong from its own nature irrespective of statute often used with a preceding noun (as crime or act) [held that burglary was a crime malum in se "State v. Stiffler, 788 P.2d 2205 (1990)"] compare malum prohibitum ...
Bond
Bond [fr. binda, band, bunden, A. S., to bind], a written acknowledgement or binding of a debt under seal. See DEED. No technical form of words is necessary to constitute a bond; see Gerrard v. Clowes, (1892) 2 QB 11; Strickland v. Williams, (1899) 1 QB 382. The person giving the bond is called the obligor, and he to whom it is given the obligee. A bond is called single (simplex obligatio) when it is without a penalty, but there is generally a condition added, that, if the obligor does or forbears from some act, the obligation shall be void, or else shall remain in full force, and the bond is then called a double or conditional one; see Dav. Prec. Vol. V., pt. Ii., p. 268. When a bond contains a penalty, which is generally double the amount of the principal sum secured, only the sum actually owing, with interest, can be recovered, and in no case can this exceed the amount appearing on the face of the bond. See 8 & 9 Wm. 3, c. 11, s. 8; Re Dixon, (1900) 2 Ch 561.Although it is unnecessa...
Chance
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...
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