Questions tagged [intent]
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In United States v. Wong Kim Ark how did the US Supreme Court determine "manifest intent" within the 14th amendment?
In United States v. Wong Kim Ark, 169 U.S. 649 (1898), Justice Gray writes:
The Amendment, in clear words and in manifest intent, includes the children born, within the territory of the United States,...
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Can defamation occur without specific intent for false statements about ordinarily non-damaging things?
I've recently argued for a while with a friend about whether defamation requires intent in cases where a false statement would normally be unforeseen to have any potential impact.
The specific ...
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Obligations based on disputed assertions
When a law requires someone to do something when certain circumstances exist, is it strict liability? Does a fact-finder finding that those circumstances did in fact exist automatically establish ...
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Is the defendant liable for attempted murder when the attempt resulted in the death of an unintended second victim?
The doctrine of transferred intent applies when the defendant intends to harm a particular victim but as a result an unintended second victim receives that harm. I understand that attempted crimes can’...
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Do the accused enjoy the presumption of the least damaging intent?
(This question is inspired by current events, but I'm changing details to avoid the complications of reality!)
In the midst of a reelection campaign, Senator Johnson shot his wife's poorly behaved ...
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Can I intend something, even-though I don't know it can occur?
I have asked a similar question here, but I'm not just interested in oblique intention, especially as that seems to be case when it is known to be virtually certain to occur (so that the answer is no)....
user52187
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How is Understanding the Founders True Intent Currently Being Ignored?
In law, words are the company they keep, or Noscitur a Sociis. When referring by context of law the word "inhabitant" can mean another individual, but not necessarily you. Example: The ...
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Are legislators ever asked to explain their intent in Supreme Court cases?
I recently started to listen to recordings of arguments before the Supreme Court. I am not a lawyer so I don't completely follow everything, but I noticed right away that a lot of arguments deal with ...
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What acts constitute crimes with respect to "criminal intent" upscaling of crimes?
Some acts are prohibited by law and punished one way if the person does the act, but if a certain intent is proven, the punishment can be increased. For example, arson may be one level of crime, but ...
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