Personal Defense - Law Dictionary Search Results

at least attempted a retreat, if it was possible to do so with safety, in order for a defense of self-defense to prevail. Retreat from an attack in one's own home, however, is usually not required. retreat … retreat : the act or process of withdrawing from a dangerous situation NOTE: Many jurisdictions require that a person must have at least attempted a retreat, if it was possible to do so with safety, in order

assumption of risk

him or her with due care and may accept the chance of being injured ;also : an affirmative defense that the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly assumed … assumption of risk :a doctrine that a person may in advance relieve another person of the obligation to act towards him or her with due care

Keep your definitions linked to case research

Try free for 7 days See all features

Chaud medley

of blood and while under the influence of passion thus distinguished from chance medley or killing in self defense or in a casual affray … The killing of a person in an affray in the heat of blood and while under the influence of passion thus distinguished from

consent

who has knowledge or understanding see also age of consent, informed consent, rape, statutory rape b : a defense claiming that the victim consented to an alleged crime (as rape) 2 : agreement as to action or … approval of what is done or proposed by another ;specif : the voluntary agreement or acquiescence by a person of age or with requisite mental capacity who is not under duress or coercion and usually who has

libel

general, presumed, or special damages). The defendant may plead and establish the truth of the statements as a defense. Criminal libel may have additional elements, as in tending to provoke a breach of peace or in blackening … In New York Times Co. v. Sullivan, the Court held that in order to recover damages a public person (as a celebrity or politician) who alleges libel (as by a newspaper) has to prove that “the statement

party

that constitutes the plaintiff or defendant in an action ;also : one so involved in the prosecution or defense of a judicial or quasi-judicial proceeding as to be bound or substantially affected by the decision or judgment … party pl: parties 1 a : one (as a person, group, or entity) constituting alone or with others one of the sides of a proceeding, transaction, or agreement

diminished capacity

diminished responsibility partial insanity compare insanity, irresistible impulse test, m'naghten test, substantial capacity test 2 a : a defense based on a claim of diminished capacity b : the doctrine that diminished capacity may negate an element … diminished capacity 1 : an abnormal mental condition that renders a person unable to form the specific intent necessary for the commission of a crime (as first-degree murder) but that

mitigation of damages

satisfied the requirements of mitigation of damages "D'Aries v. Schell, 644 A.2d 134 (1994)"] ;also : an affirmative defense based on this doctrine called also avoidable consequences 2 : a reduction in the amount of damages awarded … mitigation of damages 1 : a doctrine in tort and contract law: a person injured by another is required to mitigate his or her losses resulting from the injury [whether the patient

abandonment

4 a : the act of abandoning a course of action (as a crime) b : the affirmative defense (as recognized under the Model Penal Code) of voluntary withdrawal from the commission of a crime resulting from … in property in the bankruptcy estate often for a nominal sum 2 : the act of abandoning a person: as a : failure to have contact with a spouse that is intended to create a permanent separation

‹ Prev
1
2
3
Next ›
Last »

Try the research workspace - 7 days free

Try free for 7 days