Words Fail to Reduce Murder
Vance Vogel stabbed his neighbor after the neighbor insulted his family. The prosecution charged murder. Because the insult consisted only of words, the court refused to reduce the charge to voluntary manslaughter.
Also known as: voluntariness · voluntarily · free will
Written by attorneys · grounded in primary & secondary sources — see below
Conduct undertaken by free choice without coercion or compulsion. The concept requires that the actor possess the capacity to choose and that the choice not result from reflex, unconsciousness, duress, or undue influence.
Vance Vogel stabbed his neighbor after the neighbor insulted his family. The prosecution charged murder. Because the insult consisted only of words, the court refused to reduce the charge to voluntary manslaughter.
Viola Volkov transferred her mortgaged warehouse to the bank by deed in lieu of foreclosure. The bank accepted the deed and canceled the debt. The transfer satisfied the requirement that it be voluntary and supported by consideration.
Violet Vang struck a pedestrian during an epileptic seizure while walking. The state charged assault. The court dismissed the charge because the movement was not a voluntary act.
Select any source to read its text and confirm it supports the definition.
Victoria Vernon signed a ski-area waiver and then collided with a negligently placed barrier. She sued the resort. The court barred recovery because she had voluntarily assumed the risk of the activity.
Virgil Volpe left his estate to a caregiver who had isolated him from family. The heirs challenged the will. The court set aside the bequest because the caregiver's influence overcame the testator's free will.
Victor Vargas attempted to assign his trust interest to a creditor. The trust contained a spendthrift provision. The court held the assignment ineffective because the clause restrained both voluntary and involuntary transfers.
A voluntary act must be the product of the defendant's conscious choice rather than a reflex, convulsion, or unconscious state. Courts examine whether the defendant could have controlled the movement and whether any earlier voluntary conduct created the risk.
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Yes. The transfer must be supported by discharge of the underlying debt and must occur without duress or unfairness. Courts examine the circumstances to ensure the mortgagor acted freely.
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A plaintiff who voluntarily accepts a known risk arising from the defendant's negligence cannot recover. The acceptance must be knowing and uncoerced. Mere participation in an activity does not automatically constitute assumption.
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The provision restrains the beneficiary from voluntarily assigning the interest. Any attempted assignment is ineffective against the trustee and creditors.
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…extracts from the executive journals, the request was denied. The applicants therefore summoned witnesses to attend court whose voluntary affidavits they could not obtain. Mr. Lee read the affidavit of Dennis Ramsay and the printed journals of the Senate of 31 January 1803 respecting the refusal to give the requested…