Thursday, April 11, 2024

Terms - 4/11/24

- Peremptoryputting an end to or precluding a right of action, debate, or delay; not providing an opportunity to show cause why one should not comply; a peremptory mandamus; admitting of no contradiction.

- Gross negligence: . . . a lack of care that demonstrates reckless disregard for the safety or lives of others, which is so great it appears to be a conscious violation of other people's rights to safety. Gross negligence is a heightened degree of negligence representing an extreme departure from the ordinary standard of care. Falling between intent to do wrongful harm and ordinary negligence, gross negligence is defined as willful, wanton, and reckless conduct affecting the life or property or another.

- Attainder: in English law, the extinction of civil and political rights resulting from a sentence of death or outlawry after a conviction of treason or a felony. The most important consequences of attainder were forfeiture and corruption of blood. For treason, an offender’s lands were forfeited to the king. For felonies, lands were forfeited to the king for a year and a day and then, because felonies were considered a breach of the feudal bond, escheated (forfeited) to the lord from whom the offender held his tenure.

- Outlawry: act of putting a person beyond the protection of the law for his refusal to become amenable to the court having legal jurisdiction. In the past, this deprivation of legal benefits was invoked when a defendant or other person was in civil or criminal contempt of court; and, in cases of alleged treason or the commission of a felony (referred to as major outlawry), it amounted to a conviction as well as an extinction of civil rights. In England, on proof of the mere fact of major outlawry, the offender was sentenced to death and was often killed on sight or during the effort to arrest him. Conviction for major outlawry also effected the immediate forfeiture of all property and possessions to the crown and prevented the receipt of any property. In civil proceedings outlawry was formally abolished in England in 1879. Under English law outlawry can now be invoked only for one accused of criminal charges.