Self Defence - Law Dictionary Search Results
Home Dictionary Name: self defenceSelf-defence
Self-defence, is a legal right and as with other legal rights the question whether a specific state of facts warrants its exercise is a legal question. It is not a question on which a State is entitled, in any special sense, to be a judge in its own cause, the Law of Nations, 5th Edn., 1955, p. 319.Means the use of force to protect oneself, one's family, or one's property from a real or threatened attack, Black's Law Dictionary, 7th Edn., p. 1364.Self-defence. both the life and limbs of a man are of such high value, in the estimation of the law of England, that it pardons even homicide, if committed se defendendo, or in order to preserve them. See DEFENCE; HOMICIDE.The use of force to protect oneself, one's family, or one's property from a real or threatined attack, Black's Law Dictionary, 7th Edn., p. 1364....
Defence
Defence [fr. defensio, Lat.], popularly a justification, protection, or guard; in law, a denial by the defendant of the truth or validity of the plaintiff's complaint.In Civil matters, a defence (which is always in writing or printed) is either (1) by statement of defence, which may be a denial of the plaintiff's right, or may be an allegation of a set-off or counterclaim by the defendant which will cover wholly or in part the claim of the plaintiff; or (2) by a statement of defence raising a point of law, so as to show that the facts alleged by the plaintiff do not disclose any cause of action to which effect can be given by the Court; see R.S.C., Ord. XXV., sub-stituted for the old 'demurrer.' See STATEMENT OF DEFENCE DEMURRER.In certain cases, e.g., where the plaintiff's claim is for a liquidated sum only, he may specially indorse his writ, and in such case leave must be obtained to defend (R.S.C. 1883, Ord. III., R. 6; Ord. XIV.).In Criminal matters (which is always by word of mout...
Self defence
See Self defense...
Poor Prisoners, Defence of
Poor Prisoners, Defence of. The (English) Poor Prisoners Defence Act, 1930 (20 & 21 Geo. 5, c. 32), repealing the Poor Prisoners' Defence Act, 1903, entitles any person to free legal aid in the preparation and conduct of his defence at the trial and to have solicitor and counsel assigned to him for that purpose, if a certificate, called the 'defence certificate,' is granted by the justices committing him for trial or of the judge or chairman of the court before which he is to be tried, at any time after reading the depositions. The certificate is grantable only 'when it appears to the certifying authority that his means are insufficient to enable him to obtain such aid, and must be granted in respect of any person committeed for trial on a charge of murder, and may be granted when a person committed for trial upon any other charge, if it appears to the authority, having regard to all the circumstances of the case (including the nature of such defence, if any, as may have been set up) t...
Defence struck off or defence struck out
Defence struck off or defence struck out, The phrase 'defence struck off' or 'defence struck out' is not unknown in the sphere of law. Indeed it finds a place on Order XI, Rule 21 of the Code of Civil Procedure: Where any party fails to comply with any order to answer interrogatories, or for discovery of inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defences, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect, and an order may be made accordingly, Paradise Industrial Corpn. v. M/s. Kiln Plastics Products, (1976) 1 SCC 91: AIR 1976 SC 309: (1976) 2 SCR 32. (CPC, O. 11, R. 21)...
Appearance doctrine
Appearance doctrine, in the law of self-defence, the rule that a defendant's use of force is justified if the defendant reasonably believed it to be justified, Black Law Dictionary, 7th Edn., p. 95....
Battered Woman's syndrome
Battered Woman's syndrome, means the psycho-logical symptoms buffered by a woman repeatedly abused by a mate (as a husband), Battered Woman's syndrome is used as defense to violent criminal charges (as homicide). Evidence of repeated abuse is used to show that the defendant acted in self-defence even though the threat or danger was not imminent; Battered Woman's syndrome is also used as a mitigating factor in sentencing, Webster's Dictionary of Law, Indian Edn. (2005), p. 46....
Chance-medley
Chance-medley [fr. Chaude meslee, Fr.; fr. Chaud, hot and mislee, fray, mesler, meler, to mingle, mescolare, It. When the element chaud lost its meaning to ordinary English ears, it ws replaced by chance in accordance with the meaning of the compound, Wedgw.], a casual affray. Such killing of a person as happens either in self-defence on a sudden quarrel, or in the commission of an unlawful act without any deliberate intention of doing any mischief, 1 Hawk. P. C. c. xxx., s. 1. It is sometimes termed chaud-medley, which more properly signifies an affray in the heat of blod or passion....
Justification defense
Justification defense, means a defense that arises when the defendant has acted in a way that the law does not seek to prevent. Traditionally, the following defenses were justifications: Consent, self-defence, defense of others, defense of property, necessity (Choice of evils), the use of force to make an arrest, and the use of force by public authority, Black's Law Dictionary, 7th Edn., p. 871....
Prerogative of mercy
Prerogative of mercy. In early times the operation of the Royal Prerogative of Mercy was far wider than at the present day, as it was not only extended to some persons who in later ages would not be considered to have incurred any criminal respon-sibility, e.g., persons who had committed homicide by misadventure or in self-defence (Pollock and Maitland's Hist. Engl. Law, vol. ii., pp. 476 et seq.), but was even extended to jurors who had been attained for an oath that, though not false, was fatuous: ibid. p. 661. The power of pardoning offences is stated by Blackstone to be one of the great advantages of monarchy in general above every other form of government, and which cannot subsist in democracies. Its utility and necessity are defended by him on all those principles which do honour to human nature: see 4 Bl. Com. c. 31, p. 397. In early times, again, there were fewer offences that did not admit of being pardoned. In appeals (i.e., private accusations of felony) which were not the s...
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