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Quaelibet Poena Corporalis, Quamvis Minima, Major Est Qualibet Poena Pecuniaria
Delving into Quaelibet Poena Corporalis, Quamvis Minima, Major Est Qualibet Poena Pecuniaria: A Legal Perspective
Definition & Meaning
The phrase "Quaelibet poena corporalis, quamvis minima, major est qualibet poena pecuniaria" translates to "Any corporal punishment, no matter how minor, is greater than any monetary penalty." This legal maxim emphasizes the idea that physical punishments are considered more severe than financial penalties, regardless of the amount involved. It reflects a fundamental principle in law that prioritizes the impact of physical punishment over monetary consequences.
Table of content
Legal Use & context
This maxim is often referenced in discussions about criminal law and civil rights. It may come into play in cases involving sentencing, where judges must consider the nature of punishments. The principle underscores the importance of human dignity and the potential harm caused by physical punishment. Users may find relevant legal forms and templates on platforms like US Legal Forms, which can assist in navigating related legal matters.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, in a criminal case, a judge may impose a short jail sentence for a minor offense instead of a fine. This reflects the belief that even a brief period of incarceration is more impactful than a financial penalty. (Hypothetical example.)
State-by-state differences
Examples of state differences (not exhaustive):
State
Corporal Punishment Laws
California
Corporal punishment is generally prohibited in schools.
Texas
Corporal punishment is allowed in schools with parental consent.
New York
Corporal punishment is banned in all public schools.
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
Corporal punishment
Physical punishment intended to cause pain.
Focuses on physical harm rather than financial penalties.
Pecuniary punishment
Monetary penalties imposed as punishment.
Involves financial consequences rather than physical ones.
Common misunderstandings
What to do if this term applies to you
If you are facing a situation where corporal punishment is being considered, it is important to understand your rights. You may want to consult a legal professional who can provide guidance specific to your circumstances. Additionally, exploring US Legal Forms can offer ready-to-use legal templates to help manage related issues effectively.
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