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Per Infortunium: A Comprehensive Guide to Its Legal Significance
Definition & Meaning
The term "per infortunium" is derived from Latin, meaning "by misadventure." In legal contexts, it refers to situations where a person causes harm or death to another unintentionally, often in the course of reasonable self-defense. Historically, individuals who acted per infortunium could face legal consequences, including the need for a conviction and a royal pardon, even if their actions did not amount to a felony. Despite receiving a pardon, they might still be subject to losing their property.
Table of content
Legal Use & context
This term is primarily used in criminal law, particularly in cases involving unintentional harm or death. It is relevant in discussions surrounding self-defense and justifiable actions. Understanding how per infortunium applies can help individuals navigate legal situations where they may need to defend their actions. Users can access legal templates through US Legal Forms to assist in managing related legal documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person accidentally causes harm to another during a confrontation, believing they were acting in self-defense. They may be charged but could argue their actions were per infortunium.
Example 2: A homeowner uses force against an intruder but unintentionally injures a bystander. This situation could also fall under the definition of per infortunium.
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Self-defense laws are more lenient, allowing broader interpretations of reasonable force.
Texas
Strong self-defense laws that may limit liability in cases of per infortunium.
New York
Stricter interpretations of self-defense, often requiring a duty to retreat.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Description
Difference
Negligence
Failure to take proper care in doing something.
Per infortunium involves unintentional harm in self-defense, while negligence is a broader concept.
Justifiable Homicide
Killing another person under circumstances that the law recognizes as acceptable.
Justifiable homicide is a defense, while per infortunium refers to unintentional acts.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where per infortunium may apply, consider the following steps:
Document all details surrounding the incident, including witness statements.
Consult a legal professional to understand your rights and obligations.
Explore US Legal Forms for relevant legal templates that may assist in your case.
If the situation is complex, seek professional legal representation.
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