The Medico-legal Journal, Томове 39–40Medico-Legal Society of New York, 1922 |
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able abortion accused action appears applied believe blood Board body called cause charge child City claimed condition confession course court crime criminal death defendant determine disease doctor doubt effect evidence examination expert fact fear fire fracture girl give given hand held hospital human husband injury insane interest Journal jury knowledge living March matter means medicine Medico-Legal ment mental method mind months moral nature negligence never operation opinion patient person physical physician plaintiff practice present produced prove question reason refusal relation reported result rule sexual social Society statement suffering suggestion surgeon testified testimony things tion told treat treatment trial wife witness woman wound X-Ray York
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Страница 159 - But the prohibition of compelling a man in a criminal court to be a witness against himself is a prohibition of the use of physical or moral compulsion to extort communications from him, not an exclusion of his body as evidence when it may be material.
Страница 58 - It is perhaps correct .to say that public policy is that principle of law which holds that no person can lawfully do that which has a tendency to be injurious to the public or against the public good...
Страница 14 - But we, more fortunate than he, in so far as we have not become psychoneurotics, have since our childhood succeeded in withdrawing our sexual impulses from our mothers, and in forgetting our jealousy of our fathers. We recoil from the person for whom this primitive wish of our childhood has been fulfilled with all the force of the repression which these wishes have undergone in our minds since childhood.
Страница 57 - public policy' is intended that principle of the law which holds that no subject can lawfully do that which has a tendency to be injurious to the public or against the public good, which may be termed the policy of the law, or public policy in relation to the administration of the law...
Страница 96 - The treatment of any element of damage as a parasitic factor belongs essentially to a transitory stage of legal evolution. A factor which is to-day recognized as parasitic will, forsooth, to-morrow be recognized as an independent basis of liability. It is merely a question of social, economic, and industrial needs as those needs are reflected in the organic law.
Страница 166 - But the following considerations ought to limit it: (1) The apparatus must be such that in the ordinary instance no injurious operation is to be expected, unless from a careless construction, inspection, or user; (2) both inspection and user must have been at the time of the injury in the control of the party charged ; (3) the injurious occurrence or condition must have happened irrespective of any voluntary action at the time by the party injured.
Страница 18 - The test of Insanity as affecting criminal responsibility, that the accused must have labored under such a defect of reason as not to know the nature or quality of the act, or, If he did know it, that he did...
Страница 91 - One of the best marked symptoms is the trembling of all the muscles of the body; and this is often first seen in the lips. From this cause, and from the dryness of the mouth, the voice becomes husky or indistinct, or may altogether fail.
Страница 166 - I nshort, a physician or surgeon is bound to bestow such reasonable and ordinary care, skill and diligence as physicians and surgeons in the same neighborhood, in the same general line of practice, ordinarily have and exercise in like cases.
Страница 73 - If such be the case, did he know right from wrong as applied to the particular act in question ? If he did not have such knowledge he is not legally responsible.