Also known as:wrongs · wrongful · wrongfully · wrongfulness · legal wrong · tortious act
Written by attorneys · grounded in primary & secondary sources — see below
A breach of one's legal duty or violation of another's legal right.
Sources & Authorities
How it applies
Common Examples
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Insanity Defense Knowledge Test
Winston Ward, diagnosed with schizophrenia, stabs a neighbor believing the act fulfills a divine command. At trial he testifies that he knew the act violated criminal law and that society condemns such violence. The court refuses an acquittal because Ward retained the capacity to recognize that society regards the conduct as wrong.
Prior Bad Act Character Evidence
Willow West faces trial for theft. The prosecutor offers evidence of her earlier shoplifting conviction solely to suggest she has a dishonest character and therefore stole again. The court excludes the evidence because it is offered only to prove action in conformity with character.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Wanda Williams, suffering from severe bipolar disorder, sets fire to an empty warehouse. Expert testimony shows she lacked substantial capacity to appreciate that the act was criminal. The jury returns a verdict of not guilty by reason of mental disease or defect.
Estate at Sufferance Creation
Wren Wright's lease expires on the first of the month. She remains in the apartment without the landlord's consent and without claiming any superior title. Her continued occupancy constitutes an estate at sufferance.
Duress in Donative Transfer
Wade Watson threatens to expose his elderly uncle's criminal past unless the uncle signs a deed transferring the family farm to Watson. The uncle executes the deed solely because of the threat. A court later sets aside the transfer as procured by duress.
Joint Tenancy Survivorship Rule
Wanda Weaver and her husband hold their home as tenants by the entirety. While divorce proceedings are pending, the husband executes a will leaving his interest to their daughter. Upon the husband's death the wife takes full title by operation of law. The will cannot affect the nonprobate interest.
Common questions
Frequently Asked
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Does a defendant's moral belief that conduct is right defeat an insanity defense under M'Naghten?+
No. The defendant must have lost the capacity to recognize that society regards the conduct as wrong. A mere personal belief that the act is morally justified is insufficient for acquittal.
When may evidence of other wrongs be admitted under Rule 404(b)?+
Evidence of other crimes, wrongs, or acts is inadmissible to prove character and conformity therewith, but may be admitted for a non-character purpose such as motive, intent, plan, knowledge, or absence of mistake.
What must a defendant prove to establish lack of criminal responsibility under the Model Penal Code?+
The defendant must show that, as a result of mental disease or defect, he lacked substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.
How does an estate at sufferance differ from an estate at will?+
An estate at sufferance arises when a person who once held a lawful possessory interest wrongfully remains after that interest ends, without asserting superior title. An estate at will is terminable at the will of either party and has no fixed duration.
What constitutes duress sufficient to invalidate a donative transfer?+
A donative transfer is procured by duress when the wrongdoer performs or threatens a wrongful act that coerces the donor into making a transfer the donor would not otherwise have made.
5 U.S. (1 Cranch) 137 (1803)Property
…must perform the ministerial acts imposed by law. The appointment becomes complete by signing and sealing and the Secretary does wrong if he withholds the commission. The third point is whether in the present case a writ of mandamus ought to be awarded to James Madison. The justices of the peace in the District of…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational