Propter delictum is a legal term used to describe a situation where a potential juror’s citizenship rights are revoked due to their conviction of a serious crime. As a result, they may be disqualified from serving on a jury. Challenges refer to instances where the legality or qualifications of a person or thing, such as a potential juror, are questioned. These challenges can take various forms, including challenges for cause, peremptory challenges, and challenges to the array.
Propter delictum is a legal challenge used to exclude potential jurors who have lost their citizenship rights due to a serious crime conviction. For example, in a criminal trial, the defence team may use this challenge to exclude a potential juror with a felony conviction, as the law considers them to have forfeited some of their rights as citizens, including the right to serve on a jury. This challenge is employed to ensure that only eligible and impartial jurors are selected for a trial, aiming to prevent bias and ensure a fair trial for all parties involved.
Propter delictum is a Latin term that translates to “because of the wrong.” It refers to a legal principle that holds a person liable for damages or injuries caused by their own wrongful actions.
In personal injury cases, propter delictum holds the person responsible for their negligent or intentional actions that caused harm to another individual. The injured party can seek compensation for their damages based on this principle.
No, propter delictum is a civil law principle and does not apply to criminal cases. Criminal cases involve the violation of criminal statutes, while propter delictum is concerned with civil liability for wrongful acts.
Propter delictum focuses on the fault or wrongful actions of the person causing harm, whereas strict liability imposes liability regardless of fault. Strict liability typically applies in cases involving dangerous activities or defective products.
Yes, propter delictum can be applied in cases of professional malpractice, such as medical malpractice or legal malpractice. If a professional’s negligent actions cause harm to a client or patient, they can be held liable under this principle.
No, propter delictum and res ipsa loquitur are different legal principles. Propter delictum focuses on the wrongful actions of the defendant, while res ipsa loquitur allows for an inference of negligence based on the circumstances of the accident or injury.
Yes, propter delictum can be applied in cases of intentional torts, such as assault, battery, or defamation. If someone intentionally causes harm to another person, they can be held liable under this principle.
In a propter delictum case, the burden of proof lies with the plaintiff. They must prove that the defendant’s wrongful actions directly caused their injuries or damages.
Yes, propter delictum can be applied in cases of product liability. If a defective product causes harm to a consumer, the manufacturer or seller can be held liable under this principle.
Yes, there are several defences that can be raised against a propter delictum claim, such as contributory negligence, assumption of risk, or lack of causation. These defences aim to show that the plaintiff’s own actions or circumstances contributed to their injuries or damages.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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