Legal Maxims

Actus non facit reum nisi mens sit rea This maxim is a cardinal school of thought 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 pull with a wrongful inclinationion. There are two components for all(prenominal) crime,namely a physical member and a psychological element called locomoteus reus and mens rea. The mental element is always marked by the give-and-take maliciously,fraudulently,negligently or simply wittingly.But this rule is flexible,for a statute may make an flirt criminal whether or not there has been an intention to modernize the law or otherwise to do wrong e.g. fodder adulteration. So long as an act rests on unmingled intention, it is not punishable,but when the act is done ,the law considers not scarce the act itself but the intent with which it was done. A criminal intent cannot be imputed to persons who ,by reasons of their m ental dis articulate or immature years,are below inherent disability from distinguishing between good and evil. Audi alteram partem It is a regulation of inwrought justice i.e no one shall be condemned unheard. all person against whom an allegation is made and action is proposed,should be assumption a reasonable opportunity to defend himself.

A closing without tryout the other side violates natural justice and article of faith of equitable trail. Every person who is alleged to have violated the rights of others mustiness have reasonable notice of the case he has to meet. by and by receiving notic e,he shall be provided with an opportunity t! o produce secernate in his defense. consequently ,notice,right to produce exhibit 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 examine the other side. This is also the central principle of fair hearing. Delegatus non protest 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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