Law and Psychology Commons^™

Torts -Temporary Insanity As A Defense

Michigan Law Review

While operating a bus owned by the corporate defendant the individual defendant suddenly became insane and lost control of the bus which struck a parked ice truck owned by the plaintiff McKay, and upon which the plaintiff Sforza was chopping ice. These actions were brought to recover for property damage and personal injuries thereby incurred. Held, in spite of the temporary insanity the individual defendant was legally responsible for the negligence, which is imputable also to the corporate defendant. Sforza v. Green Bus Lines, Inc., et al; McKay v. Same, (Munic. Ct. City of New York, 1934) 268 …

Insanity As A Defense In Criminal Law, By Henry Weihofen, Lenn J. Oare

Indiana Law Journal

No abstract provided.

Domestic Relations-Marriage Of Insane Person Void-Common Law Marriage Presumed

Indiana Law Journal

No abstract provided.

Gifts Causa Mortis - Contemplation Of Suicide

Michigan Law Review

The testator, suffering from melancholia and contemplating suicide, purchased a certificate of stock in the name of his brother and caused it to be deposited in a bank by the latter. Over two months thereafter, the testator stated, in effect, that in the event of his death the certificate should become the brother's property. Held, in affirming the allowance of the final account of the executor, that the transfer of the certificate was a valid gift causa mortis. In re Van Wormer's Estate, 255 Mich. 399, 238 N.W. 210 (1931).

The Innocent Bystander, Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.

Book Review. Burtt, H. E., Legal Psychology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Alexander, F. And Staub, H., The Criminal, The Judge And The Public, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Review: The Law Of Insanity. By George A. Smoot, Arthur Evans Wood

Michigan Law Review

A Review of THE LAW OF INSANITY. By George A. Smoot

Book Review. Behaviorism By John B. Watson, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Criminal Intelligence, Jacob Saposnekow

West Virginia Law Review

No abstract provided.

Irresistible Impulse And Criminal Liability, John Barker Waite

Michigan Law Review

Do you believe in free-will, or mechanistic determinism, or fore-ordination, or fatalism? What do you mean by 'irresistible impulse'? What is the purpose of this prosecution against which you advocate, or deny, irresistible impulse as a defense; and just what do you mean by 'defense'? If, instead of one question, "is irresistible impulse a defense", we should ask these other questions of counsel, judge and medical expert, how often would their answers be in accord? Yet the one question can never be intelligently discussed in the absence of certainty and agreement as to the other premises. There are certain combinations …

Liability In Tort Of Infants And Insane Persons, Francis H. Bohlen

Michigan Law Review

It is universally held that mere infancy or insanity does not preclude liability for the impairment of another's bodily condition or the physical condition of another's property caused by conduct which, if that of an adult or mentally normal person, would be a wrong of aggression or negligence.

But there is a conflict of authority and a wide divergence of opinion among text writers as to the liability of persons who, because of extreme youth or mental deficiency, are incapable of forming a culpable intention, or whose incapacity to realize the probable consequences of their conduct makes it unjust to …

Emotional Disturbance As Legal Damage, Herbert F. Goodrich

Michigan Law Review

Mental pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone." Lord Wensleydale's famous dictum in Lynch v. Knight1 will serve as a starting point for this discussion. His lordship's notion of mental pain is evidently that of a "state of mind" or feeling, hidden in the inner consciousness of the individual; an intangible, evanescent something too elusive for the hardheaded workaday common law to handle. Likewise, in that very interesting problem regarding recovery for damages sustained through fright, it is always assumed, tacitly or expressly, that mere …

Emotional Disturbance As Legal Damage, Herbert F. Goodrich

Articles

MENTAL pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone. Lord Wensleydale's famous dictum in Lynch v. Knight will serve as a starting point for this discussion. His lordship's notion of mental pain is evidently that of a "state of mind" or feeling, hidden in the inner consciousness of the individual; an intangible, evanescent something too elusive for the hardheaded workaday common law to handle. Likewise, in that very interesting problem regarding recovery for damages sustained through fright, it is always assumed, tacitly or expressly, that mere …

Account Of Some Psychological Experiments On The Subject Of Trade-Mark Infringement, Edward S. Rogers

Michigan Law Review

iew in June, 1910, entitled, "The Unwary Purchaser, A Study in the Psychology of Trademark Infringement".

Administering Justice The Medical Prepossession, Clarence A. Lightner

Michigan Law Review

This quotation is from a recent document coming from con- servative and intelligent sources, recommending as a cure for economic and commercial unrest, and other evils, the creation of a League of National Guilds.

Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood

Articles

The great lengths to which the defense of insanity has been carried in homicide cases has induced numerous legislative attempts to abolish the evil; and the fate which such legislation has met and deserves at the hands of the courts is a matter of considerable interest.

Fright Without Physical Impact But Resulting In Physical Injury, Joseph H. Drake

Articles

The recent Maryland case of Green v. T. A. Shoemaker & Co., reported in 73 Atlantic Reporter, 688, (June, 1909) puts this jurisdiction squarely on the side of those courts that do allow recovery for fright alone, if physical injury is caused thereby. The court confesses that "the numerical weight of authority supports the general rule that there can be no recovery for nervous affections unaccompanied by contemporaneous physical injury," but nevertheless holds firmly with the minority of the courts to the view that there are exceptions to this rule and that this case falls within the exceptions.

Some Contributions Of Psychology To The Conception Of Justice, James Tufts

Michigan Law Review

The two general standpoints from which all attempts to define justice and rights proceed, are that of the individual and that of the social whole. From the standpoint of the individual, we have such principles as 'to every man according to his deserts,' or 'to every man according to his needs,' as well as the stubbornly surviving principle of natural rights, which is imbedded in our institutions even though discredited by philosophers. From the standpoint of society, we have the principle that justice means the determining of individual relations by the general order and the subordinating of individual to public …

Confinement Of The Insane, Thomas M. Cooley

Articles

The time is almost within the memory of living persons when it was deemed not only lawful but proper to confine persons afflicted with mental disease in dungeons and with chains, and to subject them to beating, at the discretion of their keepers, in order to subdue their senseless fury and drive away their delusions.1 The notions of an ignorant and barbarous age justified such treatment, but the common law on the subject has been so much modified in the greater intelligence of the present century that opinions as to how much of the old rules remain must be expressed …