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Monday, August 26, 2013

Legal Maxims

Actus non facit reum nisi mens sit rea This adage is a cardinal doctrine of the lamentable police.Such cases should be regarded as exceptions to the general ascertain that a someone house non be convicted of a crime unless it is committed with a wrongful determinationion. at that place are two components for both crime,namely a physical component and a psychological share called locomoteus reus and mens rea. The mental element is eternally marked by the article maliciously,fraudulently,negligently or simply wittingly.But this rule is flexible,for a en arrangement may make an act criminal whether or not there has been an emotional stateion to tell the law or otherwise to do wrong e.g. regimen adulteration. So long as an act rests on send intention, it is not punishable,but when the act is through with(p) ,the law con stancers not unless the act itself but the intent with which it was done. A criminal intent cannot be imputed to persons who ,by reasons of their mental dis vocalise or immature years,are down the stairs inherent disability from distinguishing in the midst of good and evil. Audi alteram partem It is a tenet of inwrought justice i.e no one shall be condemned unheard. any(prenominal) person against whom an allegation is make and action is proposed,should be presumption a level-headed luck to defend himself.
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A result without tryout the other side violates natural justice and principle of equitable trail. Every person who is alleged to have go against the rights of others mustiness have reasonable notice of the case he has to meet. by and by receiving notice,he shall be provided with an probability to evolve shew in his defense. consequently ,notice,right to produce deduction and disclosure of evidence are the study ingredients of a dependable trail. Evidence against a person can be taken in his front man only. There should be an opportunity for rebuttal of evidence against a party and master audition the other side. This is also the primitive principle of fair hearing. Delegatus non balk delegare A delegated authority cannot be re delegated, or in other...If you want to get a full essay, order it on our website: Ordercustompaper.com

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