physical

Relating or pertaining to the body, as distinguished from the mind or soul or the emotions. Material, substantive, having an objective existence, as distinguished from imaginary or fictitious; real, having relation to facts, as distinguished from moral or constructive

See also

@ physical cruelty

As used in divorce law means actual personal violence, or such a course of physical treatment as endangers life, limb or health, and renders cohabitation unsafe. Gibson v. Gibson, 283 S.C. 318, 322 S.E.2d 680, 682

@ physical depreciation

Reduction in value of structure due to actual wear and tear or physical deterioration People ex Rel. Union Bag & Paper Corporation v. Fitzgerald, 166 Misc. 237, 2 N.Y.S.2d 290, 295.

See depreciation

@ physical disability

See disability

@ physical fact

In the law of evidence, a fact having a physical existence, as distinguished from a mere conception of the mind; one which is visible, audible, or palpable, such as the sound of a pistol shot, a man running, impressions of human feet on the ground.

See demonstrative evidence

@ physical fact rule

In evidence, a judge is required to take case from jury if plaintiffs evidence as to physical facts leads to an impossibility in the light of undisputed physical laws. An appellate court is not bound by findings which violate physical laws. Zollman v. Symington Wayne Corp., 438 F.2d 28, 31.

The physical fact rule is that if a driver does not see that which he could or should have seen, he is guilty of negligence as a matter of law. Pennsylvania Nat. Mut. Cas. Ins. Co. v. Dennis, 195 Kan. 594, 408 P.2d 575, 579

@ physical force

Force applied to the body; actual violence

@ physical harm

The words "physical harm" are used throughout the Restatement of Torts to denote the physical impairment of the human body, or of land or chattels. Restatement, Second, Torts, No. 7.

See also physical injury

@ physical impossibility

Practical impossibility according to the knowledge of the day. State v. Hillis, 79 Ind.App. 599, 124 N.E. 515, 516.

See impossibility

@ physical incapacity

In the law of marriage and divorce, impotence, inability to accomplish sexual coition, arising from physical imperfection or malformation

@ physical injury

Bodily harm or hurt, excluding mental distress, fright, or emotional disturbance.

See also physical harm

@ physical necessity

A condition in which a person is absolutely compelled to act in a particular way by overwhelming superior force; as distinguished from moral necessity, which arises where there is a duty incumbent upon a rational being to perform, which he ought at the time to perform.

See necessity

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