Legal Maxims

Actus non facit reum nisi mens sit rea This maxim 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 pull with a wrongful figureion. There are two components for both crime,namely a physical chemical element and a psychological element called locomoteus reus and mens rea. The mental element is always marked by the rallying cry maliciously,fraudulently,negligently or simply wittingly.But this rule is flexible,for a statute may make an phone number criminal whether or not there has been an intention to rifle the law or otherwise to do wrong e.g. nourishment adulteration. So long as an act rests on aerate intention, it is not punishable,but when the act is done ,the law considers not solo 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 artic ulate or immature years,are chthonian inherent disability from distinguishing between good and evil. Audi alteram partem It is a normal of inwrought justice i.e no one shall be condemned unheard. any person against whom an allegation is made and action is proposed,should be presumption a reasonable opportunity to defend himself. A final result without tryout the other side violates natural justice and precept of equitable trail. Every person who is alleged to have violate 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 opportunity to produce state in his defense. consequently ,notice,right to produce indorse and disclosure of evidence are the study ingredients of a dependable trail. Evidence against a person can be taken in his nominal head only. There should be an opportunity for rebuttal of evidence against a party and master examine the other side. This is also the fundamental frequency principle of fair hea! ring. 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

If you want to get a full essay, visit our page: write my paper