Legal Definitions - modus

Definition: Modus (moh-dus) is a Latin term that has different meanings depending on the context in which it is used.

1. Criminal procedure: In criminal law, modus refers to the part of a charging instrument that describes how an offense was committed. For example, if someone is charged with theft, the modus would describe how the theft was carried out, such as breaking into a house or pickpocketing.
2. Roman & civil law: In Roman and civil law, modus means mode, manner, or consideration. It is often used to describe how a gift, bequest, servitude, or other legal arrangement is to be employed. For example, if someone leaves a sum of money to a charity, the modus would describe how the money should be used.
3. Eccles. law: In ecclesiastical law, modus is used in the context of de modo decimandi, which refers to the manner of tithing. This is a system used by the church to collect tithes, or a portion of a person's income, for religious purposes.

Overall, modus refers to the way in which something is done or carried out, whether it be a crime, legal arrangement, or religious practice.

Example: If someone is charged with murder, the modus would describe how the victim was killed, such as by strangulation or gunshot. In Roman law, if someone leaves a piece of property to their children, the modus would describe how the property should be divided among them. In ecclesiastical law, the modus decimandi would describe how much of a person's income should be given to the church as a tithe.

These examples illustrate how modus is used to describe the manner in which something is done or carried out, whether it be a crime, legal arrangement, or religious practice.