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 commit with a wrongful objection. There are two components for all crime,namely a physical member 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 put to work criminal whether or not there has been an intention to severalise the law or otherwise to do wrong e.g. pabulum adulteration. So long as an act rests on innocent intention, it is not punishable,but when the act is done ,the law considers not totally 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 nether inherent disability from distinguishing between good and evil. Audi alteram partem It is a dominion of inwrought justice i.e no one shall be condemned unheard. any(prenominal) person against whom an allegation is made and action is proposed,should be disposed(p) a reasonable opportunity to defend himself.

A purpose without tryout the other side violates natural justice and principle 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 b e provided with an opportunity to produce s! how up in his defense. consequently ,notice,right to produce shew and disclosure of evidence are the study ingredients of a dependable trail. Evidence against a person can be taken in his bearing only. There should be an opportunity for rebuttal of evidence against a party and master examine the other side. This is also the sound 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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