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DIMINISHED CAPACITY

by Law Professor

An impaired mental condition which may be caused by trauma, intoxication or disease which reduces or otherwise may negate the criminal responsibility of a defendant. It is similar to temporary insanity but it is not an insanity plea. it is permitted in some states. Also known as "diminished responsibility." … [Read more...] about DIMINISHED CAPACITY

DIFFERENCE

by Law Professor

In an agreement for submission to arbitration, "difference" means disagreement or dispute Fravert v. Fesler, 11 Colo. App. 387, 53 Pac. 288; Pioneer Mfg. Co. v. Phoenix Assur. Co., 106 N. C. 28, 10 S. E. 1057. Difficile est nt nnns homo vicem duor" am snstineat. 4 Coke, 118. It is difficult that one man should sustain the place of two: … [Read more...] about DIFFERENCE

DIJUDICATION

by Law Professor

Judicial decision or determination. … [Read more...] about DIJUDICATION

DIMINISHED RESPONSIBILITY

by Law Professor

An impaired mental conodition, also known as "diminished capacity" in criminal law. It is a defense asserted that the defendant's mental functions were impaired as a result of some reason or excuse, for example, an "irresistible impulse." It is a type of temporary insanity. This defense is the law in California and mad famous by the John Bobbit case, where his wife Lorena was … [Read more...] about DIMINISHED RESPONSIBILITY

DIFFICULT

by Law Professor

For the meaning of the phrase "difficult and extraordinary case," as used in New York statutes and practice, see Standard Trust Co. v. New York, etc., R. Co., 178 N. Y. 407, 70 N. E. 925; Fox v. Gould. 5 How. Prac. … [Read more...] about DIFFICULT

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