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For instance, the definition of first degree murder (again in Pennsylvania) is "A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing." Thus to be guilty of murder in the first degree, one must have an explicit goal in one's mind to cause the death of another.
Hart and Honore, in their famous work Causation in the Law, also tackle the problem of "too many causes". For them, there are degrees of causal contribution. A member of the NESS set is a "causally relevant condition". This is elevated into a "cause" where it is a deliberate human intervention, or an abnormal act in the context.
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...
Victims also have the right to oppose a judge in their decision on a request for dismissal and may engage their own counsel if necessary. [87] Victims who have died as a result of a crime may have their rights exercised by close relatives of the victim. [88] Victims are entitled to compensation depending on the nature and severity of the crime.
The health authority applied to strike out the claim as disclosing no cause of action on two grounds. First, that the claim arose out of the health authority's statutory obligations under s117 Act 1983 and those obligations did not give rise to a common law duty of care. Secondly, that the claim was based on the plaintiff's own criminal act.
This is a list of abbreviations used in law and legal documents. It is common practice in legal documents to cite other publications by using standard abbreviations for the title of each source. Abbreviations may also be found for common words or legal phrases.
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The usual definition of the probable cause standard includes “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” [6] Notably, this definition does not require that the person making the recognition must hold a public office or have public authority, which allows the ...