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Fugitation

Fugitation. In Scotland, when a criminal does not obey the citation to answer, the Court pronounces sentence of fugitation against him, which induces a forfeiture of goods and chattels to the Crown. A sentence or declaration...

Contumace capiendo

Contumace capiendo. Excommunication in all cases of contempt in the spiritual courts is discontinued by 53 Geo. 3, c. 127, s. 2, and in lieu thereof, where a lawful citation or sentence has not been obeyed,...

De facto

De facto, in fact, opposed to de jure, of right. The Act 11 Hen. 7, c. 1 (declared by some great writers to be only declaratory of the Common Law), was passed for the protection of...

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Direction

Direction, the rule of law in a case given to a jury. See DIRECT. The direction is a direction which the appellate or revisional authority, as the case may be, is empowered to give under the...

Ejus nulla culpa est cui parere necesse sit

Ejus nulla culpa est cui parere necesse sit. D. 17, 50, 169.-(He is not in any fault who is bound to obey.)

Episcopus alterius mandato quam regis non tenetur obtemperare

Episcopus alterius mandato quam regis non tenetur obtemperare [Lat.], A bishop need not obey any mandate save the king's.

Excommunication

Excommunication, an ecclesiastical interdict or censure, divided into the greater and the lesser; by the greater a person was excluded from the communion of the church and the company of the faithful, and was rendered incapable...

Excommunicato recapiendo

Excommunicato recapiendo, a writ commanding that persons excommunicated, who for their obstinacy had been committed to prison, but were unlawfully set free before they had given caution to obey the authority of the church, should be...

Extra territorium jus dicenti non paretur impune

Extra territorium jus dicenti non paretur impune. 10 Rep. 77.-(The decision of one adjudicating beyond his territory cannot be obeyed with impunity.)

Mens rea

Mens rea, a guilty mind. See ACTUS NON FACIT REUM, NISI MENS SIT REA. Although prima facie and as a general rule there must be a mind at fault before there can be a crime, it...

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