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Sunday, August 25, 2013

Legal Maxims

Actus non facit reum nisi mens sit rea This saw is a cardinal ism 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 perpetrate with a wrongful purportion. there are two components for any crime,namely a physical particle and a psychological fragment called locomoteus reus and mens rea. The mental element is everlastingly marked by the cry maliciously,fraudulently,negligently or simply wittingly.But this rule is flexible,for a polity may make an phone number criminal whether or not there has been an flavorion to injure the law or otherwise to do wrong e.g. regimen adulteration. So long as an act rests on au naturel(p) intention, it is not punishable,but when the act is through with(p) ,the law con military positionrs not yet the act itself but the intent with which it was done. A criminal intent cannot be imputed to somebodys who ,by reasons of their mental dis supply or immature years,are below inherent disability from distinguishing amid good and evil. Audi alteram partem It is a commandment of inwrought justice i.e no one shall be condemned unheard. whatsoever person against whom an allegation is do and action is proposed,should be addicted a sane luck to defend himself.
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A final stage without tryout the other side violates natural justice and tenet of equitable trail. Every person who is alleged to have profaned 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 prove establish in his defense. consequently ,notice,right to produce designate and disclosure of evidence are the study ingredients of a dependable trail. Evidence against a person can be taken in his posture only. There should be an opportunity for rebuttal of evidence against a party and master essay the other side. This is also the complete principle of fair hearing. Delegatus non stand delegare A delegated authority cannot be re delegated, or in other...If you want to get a full essay, order it on our website: Orderessay

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