Showing posts with label Corpus Delecti. Show all posts
Showing posts with label Corpus Delecti. Show all posts

Saturday, November 2, 2013

Cops think they know what the law is...




Tort:
A wrong. Hayes v Massachusetts Mut. Life Ins. Co. 125 111 626, 18 NE 322. 
A wrong independent of contract. International Ocean Tel. Co. v Saunders, 
32 Fla 434, 14 So 148. A breach of duty which the law, as distinguished from a
mere contract, has imposed. Western Union Tel. Co. v Taylor, 84 Ga 408, 11 SE 396.
An injury or wrong committed, either with or without force, to the person or property
of another. Such injury may arise by the nonfeasance, by the malfeasance, or by the
misfeasance of the wrongdoer. Gindele v Corrigan, 129 111 582, 22 NE 516.

In a general way, a tort is distinguished from a breach of contract in that the latter arises 
under an agreement of the parties, whereas the tort, ordinarily, is a violation of a duty 
fixed by law, independent of contract or the will of the parties, although it may sometimes 
have relation to obligations growing out of, or coincident with a contract, and frequently 
the same facts will sustain either class of action. Busch v Interborough Rapid Transit Co. 
187 NY 388, 80 NE 197

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Crime:
 A crime is an act committed or omitted, in violation of a public law, either forbidding or
commanding it; a breach or violation of some public right or duty due to a whole
community, considered as a community In its social aggregate capacity, as distinguished
from a civil injury. Wilkins v. U. S

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Corpus delecti:
The body of a crime. The body (material substance) upon which a crime has been committed,
e. g., the corpse of a murdered man, the charred remains of a house burned down. In a
derivative sense, the substance or foundation of a crime; the substantial fact that a crime
has been committed. People v. Dick, 37 Cal. 2S1; White v. State, 49 Ala. 347; Goldman v.
Com., 100 Va, 805, 42 S. E. 923; State v. Hand. 1 Marv. (Del.) 545, 41 Atl. 192; State v.
Dickson, 78 Mo. 441













Sunday, March 10, 2013

Corpus Delecti


All behavior is Lawful regardless of whatever Statute would claim the contrary as long as the behavior does not cause actual damage or injury, or violation of a legal right. Corpus Delecti must exist for any case to have standing in an American court. the 3 elements necessary to be proven to establish corpus delecti are;1. alleged damage or injury, 3. alleged violation of a legal right, and 3. redress ability of the court. Corpus Delecti must be proven not merely asserted, any case in which corpus delecti cannot be proven there is no standing, and without standing the court does not have jurisdiction to hear any case. CLIFFORD v. SUPERIOR COURT 45 Cal rptr 2nd 333,335, Without standing there is no actual or justifiable controversy and courts will not entertain cases. thx! R.D.Johnson

“In every prosecution for crime it is necessary to establish the “corpus delecti”, i.e., the body or elements of the crime.” People v. Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185.
“Elements of “corpus delecti,” injury or loss or harm and
a criminal agency which causes such injury, loss or harm, need only be proven by a “reasonable probability,” i.e., by slight or prima facie proof…” People v. Ramirez, 153 Cal.Rptr. 789, 791, 91 C.A. 132.

"Causation consists of two distinct subelements. As legal scholars have recognized, before a defendant can be convicted of a crime that includes an element of causation, the State must prove beyond a reasonable doubt that the defendant's conduct was (1) the "cause in fact" and (2) the "legal cause" (often called "proximate cause") of the relevant harm...In order to establish that a defendant's conduct was the "cause in fact" of a particular harm, the State usually must demonstrate that "but for" the defendant's conduct, the harm would not have occurred." Eversly v. State, 748 So.2d 963, 966-967 (Fla. 1999).