Right Wrong Test - Law Dictionary Search Results
Home Dictionary Name: right wrong testright-wrong test
right-wrong test : m'naghten test ...
irresistible impulse test
irresistible impulse test : a test used in some jurisdictions when considering an insanity defense that involves a determination of whether an impulse to commit a criminal act was irresistible due to mental disease or defect regardless of whether the defendant knew right from wrong compare diminished capacity, durham rule, m'naghten test, substantial capacity test ...
substantial capacity test
substantial capacity test : a test used in many jurisdictions when considering an insanity defense which relieves a defendant of criminal responsibility if at the time of the crime as a result of mental disease or defect the defendant lacked the capacity to appreciate the wrongfulness of his or her conduct or to conform the conduct to the requirements of the law called also ALI test Model Penal Code test compare diminished capacity, irresistible impulse test, m'naghten test NOTE: This test was first formulated in the Model Penal Code and has been adopted by many jurisdictions. ...
Tort
Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...
Wrong
Wrong, the privation of right, an injury, a designed or known detriment. See TORT, and Addison or Clerk and Lindsell on Torts.The maxim that 'No man can take advantage of his own wrong' means that a man cannot enforce against another a right arising from his own breach of contract or breach of duty, Re London Celluloid Co., (1888) 39 Ch D 206, per Bowen, LJ.An estate gained by wrong is always a fee simple. A squatter may, of course, be ejected before the Statute of Limitations has run in his favour, but as long as he remains he has seisin of the freehold to him and his heirs, 'because wrong is unlimited and revenues all that can be gotten and is not governed by terms of the estates, because it is not contained within rules': Hob. P. 323; Co. Litt. 181 a; Williams on Seisin, p. 7. But a squatter is bound by restrictive covenants affecting the land, Re Nisbet, (1906) 1 Ch 386.In order to be a 'wrong' within the meaning of s. 23(1)(a) of the Hindu Marriage Act, 1955 the conduct alleged ha...
wrongful birth
wrongful birth : a malpractice claim brought by the parents of a child born with a birth defect against a physician or health-care provider whose alleged negligence (as in prenatal testing or diagnosis) effectively deprived the parents of the opportunity to make an informed decision whether to avoid or terminate the pregnancy ;also : the birth or injury at issue in such a claim [recognize a cause of action for wrongful birth] NOTE: Two factors behind the general recognition of the wrongful birth claim are scientific advances in prenatal diagnosis of birth defects and the legalization of abortion. Wrongful birth and wrongful life are distinct from malpractice claims alleging actual physical injury to a fetus caused by a negligently performed procedure. ...
balancing test
balancing test : a test in which opposing rights, interests, or policies are assigned a degree or level of importance and the ruling of the court is determined by which is considered greater NOTE: Balancing tests are often used for determining the constitutionality of laws and regulations touching on constitutional rights. ...
Balancing test
Balancing test, is a test in which opposing to rights, interest, or policies are assigned a degree or level of importance and the ruling of the court is determined by which is considered greater. Balancing tests are often used for determining the constitutionality of laws and regulations touching on constitutional rights, Webster's Dictionary of Law, Indian Edn. (2005), p. 42....
Wrongful restraint
Wrongful restraint, Whoever voluntarily obstructs any person so as the prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. (Indina Penal Code, s. 339)Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.Exception.-The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. (Indian Penal Code, s. 339)...
rational basis test
rational basis test : a test less intensive than strict scrutiny or an intermediate review that involves a determination of whether a statutory or regulatory classification of persons (as by age or offender status) has a rational basis and does not deny equal protection under the Constitution [if the classification neither affects a fundamental right, nor creates a suspect classification, nor is based on gender, then the rational basis test is applied "Charlton v. Kimata, 815 P.2d 946 (1991)"] called also rational relationship test ...
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