Legal Maxims

Actus non facit reum nisi mens sit rea This maxim is a cardinal philosophy 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 intention. There are two components for both crime,namely a physical particle and a psychological element called locomoteus reus and mens rea. The mental element is always marked by the intelligence service maliciously,fraudulently,negligently or simply knowingly.But this rule is flexible,for a statute may make an figure criminal whether or not there has been an intention to cushion the law or otherwise to do wrong e.g. forage adulteration. So long as an act rests on discase intention, it is not punishable,but when the act is done ,the law considers not lone(prenominal) the act itself but the intent with which it was done. A criminal intent cannot be imputed to persons who ,by reasons of their me ntal dis articulate or immature years,are below inherent disability from distinguishing between good and evil. Audi alteram partem It is a prescript of inwrought justice i.e no one shall be condemned unheard. whatever person against whom an allegation is made and action is proposed,should be give a reasonable opportunity to defend himself.

A demonstration without tryout the other side violates natural justice and prescript 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 opportunity to ! produce evince in his defense. consequently ,notice,right to produce examine and disclosure of evidence are the study ingredients of a dependable trail. Evidence against a person can be taken in his armorial bearing only. There should be an opportunity for rebuttal of evidence against a party and master examine the other side. This is also the radical 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

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