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Understanding 'Against the Peace and Dignity of the State': A Legal Overview
Definition & Meaning
The phrase "against the peace and dignity of the state" is a formal expression used in legal contexts, particularly in accusations or indictments. It signifies that the alleged conduct is considered harmful to the state's order and moral integrity. This phrase originates from the Latin term "contra pacem domini regis," which translates to "against the peace of the Lord the King." Historically, it has been used in legal documents to conclude charges of wrongdoing, emphasizing the seriousness of the offense against the state's peace.
Table of content
Legal Use & context
This term is primarily used in criminal law, where it serves as a concluding statement in indictments and legal accusations. It underscores the notion that the alleged crime disrupts public order and the state's dignity. Legal practitioners often rely on this phrase to ensure that indictments are valid and complete. Users may find templates for such legal documents through resources like US Legal Forms, which can assist in preparing proper legal accusations or defenses.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a criminal case, an individual is charged with theft. The indictment concludes with "against the peace and dignity of the state," indicating that the theft is viewed as a violation of public order.
Example 2: A civil lawsuit for trespass may also conclude with this phrase, emphasizing that the unauthorized entry disrupted the peace of the property owner and the community. (hypothetical example)
Relevant laws & statutes
In the case of Starling v. State, 90 Miss. 255 (Miss. 1907), the court affirmed that all indictments must conclude with this phrase. Additionally, in Ex parte Warnell, 606 S.W.2d 923 (Tex. Crim. App. 1980), it was stated that failing to include this phrase renders an information document defective. These cases highlight the importance of the phrase in maintaining legal standards.
State-by-state differences
State
Variation
Mississippi
Mandates the phrase in all indictments.
Texas
Considers the absence of the phrase as a fatal defect in legal documents.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Indictment
A formal charge or accusation of a serious crime.
An indictment concludes with the phrase "against the peace and dignity of the state."
Accusation
A claim that someone has done something illegal or wrong.
Accusations may not always be formal or include the legal phrase.
Common misunderstandings
What to do if this term applies to you
If you find yourself facing an indictment or legal accusation that includes this phrase, it's essential to understand your rights. Consider the following steps:
Review the indictment thoroughly to ensure it meets legal standards.
Consult a legal professional for advice tailored to your situation.
Explore US Legal Forms for templates that can assist in preparing your legal documents.
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