Define: Ex Capite Metus

“Ex capite metus” is a Latin phrase that translates to “out of fear.” In legal terms, it refers to a defence strategy where a person claims to have acted out of fear for their safety or the safety of others.

Yes, “ex capite metus” can be used as a defence in criminal cases. If a person can prove that their actions were a direct result of genuine fear for their safety or the safety of others, it may mitigate their liability or even result in a complete acquittal.

When evaluating an “ex capite metus” defence, several factors are considered, including the reasonableness of the fear, the immediacy of the threat, the availability of alternative courses of action, and the proportionality of the response to the perceived threat.

Yes, “ex capite metus” can be used as a defence in civil cases. If a person can demonstrate that their actions were a direct result of genuine fear, it may help in defending against claims of negligence or intentional harm.

Yes, to successfully use the “ex capite metus” defence, it is generally necessary to prove the existence of an actual threat or a reasonable belief in the presence of a threat. Mere speculation or unfounded fears may not be sufficient to invoke this defence.

Yes, “ex capite metus” can be used as a defence in cases involving property damage. If a person can establish that their actions were a direct result of genuine fear for their safety or the safety of others, it may help in justifying the damage caused.

Yes, there are limitations to using the “ex capite metus” defence. It is not a blanket defence that can be used to justify any action taken out of fear. The fear must be reasonable, and the response must be proportionate to the perceived threat.

Yes, “ex capite metus” can be used as a defence in cases involving self-defence. If a person can demonstrate that their actions were a direct result of genuine fear for their safety, it may help in justifying their use of force to protect themselves.

While the concept of “ex capite metus” is rooted in common law principles, its recognition and application may vary in different legal jurisdictions. It is important to consult with a local attorney to understand how this defence may be applicable in a specific jurisdiction.

Yes, “ex capite metus” can potentially be used to defend against charges of assault or murder if the defendant can establish that their actions were a direct result of genuine fear for their safety or the safety of others. However, the specific circumstances and evidence surrounding the case will heavily influence the outcome.