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 attached with a wrongful inventionion. There are two components for each crime,namely a physical constituent and a psychological element called locomoteus reus and mens rea. The mental element is always marked by the backchat maliciously,fraudulently,negligently or simply wittingly.But this rule is flexible,for a statute may make an symbolise criminal whether or not there has been an intention to finish the law or otherwise to do wrong e.g. nutriment adulteration. So long as an act rests on undress intention, it is not punishable,but when the act is done ,the law considers not still 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 articulate or immature years,are low inherent disability from distinguishing between good and evil. Audi alteram partem It is a rationale of inwrought justice i.e no one shall be condemned unheard. each person against whom an allegation is made and action is proposed,should be precondition a reasonable opportunity to defend himself.

A finding without tryout the other side violates natural justice and doctrine 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 wi th an opportunity to produce recite in his ! defense. consequently ,notice,right to produce cause and disclosure of evidence are the study ingredients of a dependable trail. Evidence against a person can be taken in his battlefront only. There should be an opportunity for rebuttal of evidence against a party and master examine the other side. This is also the underlying 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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