Blacks Law Dict. 1st ed

DELIRIUM

349

DELETE

DELICT. In the civil law. A wrong or injury* an offense; a violation of public or private duty. It will be observed that this word, taken in its most general sense, is wider in both directions than our English term "tort." On the one hand, it includes those wrongful acts which, while directly af fecting some individual or his property, yet extend in their injurious consequences to the peace or security of the community at large, and hence rise to the grade of crimes or mis demeanors. These acts were termed in the Roman law "public delicts;" while those for which the only penalty exacted was compen sation to the person primarily injured were denominated "private delicts." On the other hand, the term appears to have included in jurious actions which transpired without any malicious intention on the part of the doer. Thus Pothier gives the name "quasi delicts" to the acts of a person who, without malig nity, but by an inexcusable imprudence, causes an injury to another. Poth. Obi. 116. But the term is used in modern juris prudence as a convenient synonym of "tort;" that is, a wrongful and injurious violation of a, jus in rem or right available against all the world. This appears m the two con trasted phrases, "actions excontractu" and "actions ex delicto." DELICTUM. Lat. A delict, tort, wrong, injury, or offense. Actions ex delicto are such as are founded on a tort, as distinguished from actions on contract. Culpability, blameworthiness, or legal de linquency. The word occurs in this sense in the maxim, "In pari delicto melior est con ditio defendentis," (which see.) A challenge of a juror piopter delictum is for some crime or misdemeanor that affects his credit and renders him infamous. 3 Bl. Coram. 363; 2 Kent, Comm. 241. DELIMIT. To mark or lay out the lim its or boundary line of a territory or country. DELIMITATION. The act of fixing, marking off, or describing the limits or boundary line of a territory or country. Dilinquens per iram provocatus pu niri debet mitius. 3 Inst. 55. A delin quent provoked by anger ought to be pun ished more mildly. DELINQUENT. In the civil law. He who has been guilty of some crime, offense, or failure of duty. DELIRIUM. In medical jurisprudence. Delirium is that state of the mind in which

DELETE. In Scotch law. To erase; to strike out. DELF. A quarry or mine. 81 Eliz. c. 7. Deliberandum est diu quod statuen dum est semel. 12 Coke, 74. That which is to be resolved once for all should be long deliberated upon. DELIBERATE, ». To weigh, ponder, discuss. To examine, to consult, in order to form an opinion. DELIBERATE, adj. Bytheuseof this word, in describing a crime, the idea is conveyed that the perpetrator weighs the motives for the act and its consequences, the nature of the crime, or other things con nected with his intentions, with a view to a decision thereon; that he carefully considers all these; and that the act is not suddenly committed. It implies that the perpetrator must be capable of the exercise of such mental powers as are called into use by de liberation and the consideiation and weigh ing of motives and consequences. 28 Iowa, 524. "Deliberation "and "premeditation" are of the same character of mental operations, dif fering only in degree. Deliberation is but pro longed premeditation. In other words, in law, deliberation is premeditation in a cool state of the blood, or, where there has been heat of passion, it is premeditation continued beyond the period within which there has been time for the blood to cool, in the given case. Deliberation is not only to think of be forehand, which may be but for an instant, but the inclination to do the act is considered, weighed, pondered upon, for such a length of time after a provocation is given as the jury may find was sufficient for the blood to cool. One in a heat of passion may premedi tate without deliberating. Deliberation is only exercised in a cool state of the blood, while premeditation may be either in that state of the blood or in the heat of passion. 74 Mo. 249. See, also, 20 Tex. 522; 15 Nev. 178; 5 Mo. 864; 66 Mo. 13. DELIBERATION. The act or process of deliberating. The act of weighing and examining the reasons for and against a con templated act or course of conduct, or a choice of acts or means. See DELIBERATE. Dolicatus debitor est odiosus in lege. A luxurious debtor is odious in law. 2 Bulst. 148. Imprisonment for debt has now, how ever, been generally abolished.

Archive CD Books USA