Probable Cause - Law Dictionary Search Results
Home Dictionary Name: probable cause Page: 2Malicious prosecution
Malicious prosecution, a prosecution, preferred maliciously, without reasonable or probable cause; the remedy is an action on the case, in which damages may be recovered. The allegation of want of probable cause must be substantively and expressly proved, and cannot be implied; but it is for the judge, not the jury, to determine upon it, Abrath v. North Eastern R. Co., (1886) 11 App Cas 247; Cox v. English, Scottish and Australian Bank, 1905 AC 168. Animus injuri' cannot be inferred from the mere fact that the prosecution has failed, Corea v. Peiris, 1909 AC 549. See Addison or Clerk and Lindsell on Torts....
False imprisonment
False imprisonment, restraining personal liberty without lawful authority, for which offence the law has not only decreed a punishment as a public crime, but has also given a private reparation to the party as well by removing the actual confinement for the present by habeas corpus, as by subjecting the wrongdoer to an action of trespass, etc., usually called an action of false imprisonment, on account of the damage sustained by the loss of time and liberty. It must amount to a total restraint of the plaintiff's liberty for some period, however short, see Bird v. Jones, (1845) 7 QB 742. As to the persons liable, see Walters v. W.H. Smith & Son, Ltd., (1914) 1 KB 595; Herd v. Weardale Steel Co., 1915 AC 67. The onus of proving the defence of reasonable or probable cause lies on the defendant. An action for false imprisonment must not be confused with one for malicious prosecution where the onus of proving absence of reasonable and probable cause lies on the plaintiff, Sewell v. National...
seizure
seizure : the act, fact, or process of seizing: as a : the seizing of property that involves meaningful interference with a person's possessory interest in it [ of evidence found in plain view] see also plain view b : the seizing of a person (as for arrest or investigation) see also arrest, stop compare search NOTE: The Fourth Amendment to the U.S. Constitution guarantees the right against unreasonable searches and seizures. It requires that a warrant may issue only upon probable cause, and that the warrant particularly describe the persons or things to be seized. Not all seizures, however, require a warrant. A seizure that constitutes an arrest requires probable cause to be reasonable, and a stop usually requires reasonable suspicion of the particular person or persons stopped, although stops like those at drunk driving checkpoints may be justified by a plan that places explicit and neutral limitations on the conduct of police officers with no requirement of individualized suspi...
wiretapping
wiretapping : interception of the contents of communication through a secret connection to the telephone line of one whose conversations are to be monitored usually for purposes of criminal investigation by law enforcement officers NOTE: Wiretapping and wiretap evidence are strictly regulated under federal and state laws. An order authorizing wiretapping may be issued only when there is probable cause to believe that a person is committing, has committed, or is about to commit a particular offense, and there must be probable cause to believe that communications relating to such an offense will be obtained. Wiretapping must not be employed when a conversation is privileged, and officers must minimize interception of conversations that are not material to the investigation. ...
force
force 1 : a cause of motion, activity, or change intervening force : a force that acts after another's negligent act or omission has occurred and that causes injury to another : intervening cause at cause irresistible force : an unforeseeable event esp. that prevents performance of an obligation under a contract : force majeure 2 : a body of persons available for a particular end [the labor ] ;specif : police force usually used with the 3 : violence, compulsion, or constraint exerted upon or against a person or thing constructive force : the use of threats or intimidation for the purpose of gaining control over or preventing resistance from another dead·ly force : force that is intended to cause or that carries a substantial risk of causing death or serious bodily injury compare nondeadly force in this entry NOTE: As a general rule, deadly force may be used without incurring criminal or tort liability when one reasonably believes that one's life or safety is in da...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
Passing off
Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...
arrest
arrest [Middle French arest, from arester to stop, seize, arrest, ultimately from Latin ad to, at + restare to stay] : the restraining and seizure of a person whether or not by physical force by someone acting under authority (as a police officer) in connection with a crime in such a manner that it is reasonable under the circumstances for the person to believe that he or she is not free to leave see also miranda warnings probable cause at cause, warrant compare stop cit·i·zen's arrest : an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen NOTE: Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence. civil arrest : the arrest and detention of a defendant in a civil suit until he or she posts bail or pays the judgment see also capias ad respondendum NOTE: Civil arrest is restricted or prohibited in most states. ...
Abscond
Abscond, to fly the country in order to escape arrest (see FLY FOR IT) for crime. By s. 6 of the (English) Debtors Act, 1869 (32 & 33 Vict., C. 62), in any action in the High Court in which before the Act the debtor might have been arrested on 'mesne process,' the plaintiff may procure the defendant to be arrested and imprisoned up to six months (unless he has sooner given security not to quit England without leave of the Court) on proof that he has good cause of action to the amount of 50/. or upwards; that there is probable cause to believe that the defendant is about to quit England unless he be apprehended; and that the absence of the defendant from England will materially prejudice the plaintiff in the prosecution of his action. See R. S. C., Ord. LXIX....
Likely
Likely, means no more than 'may well', Dunning v. United Liverpool Hospital' Board of Governors, (1973) 1 WLR 586.Means 'a real prospect of success, Bonnard v. Perryman, (1891) 2 Ch 269.Likely, the world 'likely' in clause (b) of s. 299 conveys the sense of probable as distinguished from a mere possibility. The word 'bodily injury ........................ sufficient in the ordinary course of nature to cause death' mean that death will be the 'most probable' result of the injury, having regard to the ordinary course of nature, Ruli Ram v. State of Haryana, AIR 2002 SC 3360 (3364): (2002) 7 SCC 691. See also Abdul Waheed Khan v. State of Andhra Pradesh, (2002) 7 SCC 175: AIR 2002 SC 2961. (Penal Code, 1860, s. 300 thirdly and 299)See also Chako v. State of Kerala, AIR 2004 SC 2688: (2004) 12 SCC 269; State of Uttar Pradesh v. Virendra Prasad, (2004) 9 SCC 37....
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