Also known as: mortis · death
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The state of being dead. It marks the end of a person's legal existence and capacity to hold rights or incur obligations.
The punishment of death. It served as a criminal sanction imposed by the state for certain offenses.
Each sense below has its own examples, sources, and questions.
The state of being dead. It marks the end of a person's legal existence and capacity to hold rights or incur obligations.
Select any source to read its text and confirm it supports the definition.
The punishment of death. It served as a criminal sanction imposed by the state for certain offenses.
Select any source to read its text and confirm it supports the definition.
Musa Mensah drove his truck at excessive speed through a residential area while intoxicated. Madison Meyers crossed the street in a marked crosswalk. Mensah struck Meyers, resulting in her immediate mors. The mors constituted involuntary manslaughter because Mensah's conduct showed a gross deviation from reasonable care creating a high risk of death.
Mina Mehta served as a presidential elector appointed by her state legislature. Before the electoral votes were cast, Mina Mehta suffered mors. The state legislature appointed a replacement elector to ensure the state's full allocation of electors participated in selecting the President.
Miguel Mendoza witnessed a key event but died before trial. The proponent offered Mendoza's prior statement at the hearing. Because mors prevented Mendoza from being present or testifying, the statement qualified under the hearsay exception for unavailable declarants.
Melissa Mills learned during representation that her client planned an imminent attack likely to cause mors. Mills disclosed limited information to authorities. The disclosure was permitted because it was reasonably necessary to prevent reasonably certain mors or substantial bodily harm.
Megan Moore faced an attacker who attempted to punch her. Moore used reasonable non-deadly force to repel the contact. Because the force was not intended or likely to cause mors or serious bodily harm, it was privileged even though the attacker survived.
Monarch Pharmaceuticals employee Miguel Mendoza lived with his nonmarital child and the child's mother. After the mother's mors, the state sought to remove the child without a hearing. Because Mendoza had formed a family unit, due process required a fair process to determine whether his parental relationship should be severed.
Mors means death. It also refers to the punishment of death imposed for certain offenses.
Supporting sources
Mors carries two distinct senses in Roman law. The first is simply death as the end of life. The second is death as a form of criminal punishment.
Supporting sources
Yes. Mors ends a person's legal existence and capacity to hold rights or incur obligations under Roman law.
Supporting sources
…a few words. Concurring — Stewart, J. In 1963, this Court, in Ferguson v. Skrupa , 372 U.S. 726, purported to sound the death knell for the doctrine of substantive due process, which had been applied to strike down state legislation concerning economic matters. In the 1960's and 1970's, however, the Court has…