Original Intent - Law Dictionary Search Results
Home Dictionary Name: original intentoriginal intent
original intent 1 : the actual aim or purpose esp. of the framers of the U.S. Constitution 2 : a conservative theory in constitutional law: only those guarantees intended by the framers and set forth in the text of the Constitution are valid compare judicial restraint ...
intent
intent 1 : the act or fact of intending: as a : the design or purpose to commit a wrongful or criminal act called also criminal intent compare knowledge, mens rea, motive, negligence b : the purpose to commit a tortious act having consequences that the actor desires and believes or knows will occur constructive intent : intent that is inferred to exist (as from willfulness or recklessness) in relation to an act criminal intent : intent general intent : intent to perform an illegal act without the desire for further consequences or a precise result [there was a general intent to assault but not to kill] specific intent : intent to perform an illegal act with the knowledge or purpose that particular results will or may ensue [assaulted him with specific intent to kill] trans·ferred intent 1 : intent attributed to a person who intends to cause another harm when the harm is accidentally inflicted on an unintended victim 2 : a doctrine in tort and criminal law: a wrongdoer...
Loan, gratuitous
Loan, gratuitous, a class of bailment called commodatum in the Roman Law, and denominated by Sir William Jones a loan for use (pret a usage), to distinguish it from mutuum, a loan for consumption.The borrower has the right to use the thing during the time and for the purpose agreed upon by the parties. the loan is to be considered as strictly personal, unless from other circumstances a different intention may fairly be presumed. The borrower must take proper care of the thing borrowed, use it according to the lender's intention, and restore it at the proper time, and in a proper condition.The lender must suffer the borrower to use and enjoy the thing lent during the time of the loan, according to the original intention, without any molestation or impediment, under the peril of damages. He must reimburse the borrower the extraordinary expenses to which he has been put for the preservation of the thing lent. He is bound to give notice to the borrower of the defects of the thing lent; and...
Intention and knowledge
Intention and knowledge, 'intention' is different from 'motive' or 'ignorance' or 'negligence'. It is the 'knowledge' or 'intention' with which the act is done that makes difference. The knowledge of the consequences which may result in doing an act is not the same thing as the intention that such con-sequences should ensue. Firstly, when an act is done by a person, it is presumed that he must have been aware that certain specified harmful con-sequences would or could follow. But that know-ledge is bare awareness and not the same thing as intention that such consequences should ensue. As compared to 'knowledge', 'intention' requires something more than the mere foresight of the con-sequences, namely the purposeful doing of a thing to achieve a particular end. The 'knowledge' as contrasted with 'intention' signify a state of mental realisation with the bare state of conscious awareness of certain facts in which human mind remains supine or inactive. On the other hand, 'intention' is a c...
Court-leet
Court-leet. [Coke says leet is a Saxon word, and comes from the verb gelathian, or gelethian (g being added euphoni' gratia), i.e., convenire, to assemble together, unde conventus, 4 Inst. 261. For other opinions as to the derivation of the word, see Lex Man. 131; Ritson on Courts-leet; and Scriv. On Copyholds.] This court is expressly kept up by s. 40 of the Sheriffs Act, 1887, though for all but formal purposes it has long since fallen into desuetude, and there is still an annual Court-leet of the Manor and Liberty of Savoy which meets at St. Clement Danes Vestry Hall, the High Steward of the Manor presiding, a jury being empannelled one month aftr Easter and serving for a year from that date, the court being held 'for the purpose of preventing small offences in the nature of a common nuisance,' and still having 'power to impose fines for certain offenes, such the stopping up of ways': Solicitor's Journal,Vol. 49, p. 493.The Court-leet is a court of record appointed to be held once a...
Common intention
Common intention, to prove common intention it is not necessary to establish a pre-concerted plan. The common intention may develop on the spot, Harwant Singh v. State of Haryana, (1969) 3 SCC 717 (727). (Indian Penal Code, 1860, s. 34)Denotes action in concert and necessarily postulates a pre-arranged plan prior meeting of minds and an element of participation in action. Acts may different and vary in character but must be actuated by the same common intention, which is different from same intention or similar intention, Priya Patel v. State of Madhya Pradesh, AIR 2006 SC 2639 [Indian Penal Code, s. 34]...
Common Intention, common object
Common Intention, common object, under s. 34 when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. The words 'in furtherance of the common intention of all' are a most essential part of s. 34 of the Indian Penal Code. It is common intention to commit the crime actually committed. This common intention is anterior in time to the commission of the crime. Common intention means a pre-arranged plan. On the other hand, s. 149 of the Indian Penal Code speaks of an offence being committed by any member of an unlawful assembly in prosecution of the common object of that assembly, Devilal v. State of Rajasthan, (1971) 3 SCC 471: AIR 1971 SC 1444 (1446). [Indian Penal Code (45 of 1860), ss. 34 and 149]...
intention
intention : something intended : intent [the of the testator] NOTE: Intent is more commonly used than intention when speaking technically esp. about the criminal and tort concepts of intent (senses 1a and 1b). ...
Assault with intent
Assault with intent, means any of the several assaults that are carried out with an additional criminal purpose in mind, such as assault with intent to murder, assault with intent to rob, assault with intent to rape, and assault with intent to inflict great bodily injury. There are modern statutory inventions that are often found in State Criminal Codes, Black Law Dictionary 7th Edn., p. 110....
intent to use
intent to use Applicants who have not yet used the trademark they wish to register may file an "intent to use" trademark application. An "intent to use" application must include a sworn statement (usually in the form of a declaration) that applicants have a bona fide intention to use the mark in commerce. Source: U.S. Patent and Trademark Office ...
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