Found 1005 Articles for Legal Studies

Despite the fact that the definition of "good faith" might change depending on laws, topics, and circumstances, one aspect of its connotation that never changes is its purity, which is untarnished by deceit or dishonest intent. The General Clauses Act's definition of "good faith" incorporates this concept; therefore, it is not mandatory under the interpretation of the Indian Penal Code. Instead, it is up for debate whether a person acted with due care and thought. What is Bona Fide? The definition of "bona fide" is "the real thing." It is the real deal if something is "bona fide, " which ... Read More

It implies that nobody should be condemned without a voice. In Earth's civilized culture, it is assumed that a person who is the target of any action and whose right or interest is at stake will be given a decent opportunity to be on this planet. This natural justice principle aims to stop the government from violating someone's rights in an arbitrary manner. The authority with the capacity to impose sanctions has an implied duty to provide a reasonable opportunity for a hearing, given the nature of the task at hand. What is Audi alteram partem? The Latin expression "Audi ... Read More

A comprehensive explanation of the phrase "ad hominem" was provided by English logician Richard Whately in the middle of the 19th century, which marks the beginning of the modern understanding of the term. It was also claimed that "ad hominem" arguments typically centred on the peculiar circumstances, personality, open opinions, or prior behaviour of an individual. What is Ad hominem? Ad hominem is a Latin phrase that means "to the person" or "to the thing." It entails appealing to one's own thoughts rather than logic or reason in order to be more exact. One strategy would be to criticize ... Read More

An act must have been performed in order for an Actus Reus to be committed. Various common law countries have varying definitions of what an act is, but generally speaking, an act is defined as a "bodily movement, whether voluntary or involuntary." A California law that made drug addiction unlawful was once deemed unconstitutional since the simple fact of being an addict is not an act, making it not a crime. What is Actus Reus? According to the definition of Actus Reus, it refers to any action or inaction on the part of the accused that causes harm to a ... Read More

Actus Reus and Mens Rea are the two fundamental tenets of criminal law. Mens Rea is the state of mind that leads to unlawful behavior, and Actus Reus is the unlawful act itself. Mens Rea is the source of the Latin proverb Actus Non Facit Reum Nisi Mens Sit Rea. Mens Sit Rea's relevance to criminal law is further explained in Actus Non Facit Reum Nisi Mens Sit Rea. It states that a person is only guilty of committing a crime if they also intend to commit one. What is Actus non facit reum nisi mens sit rea? The ... Read More

In criminal law, the phrase “Actus me invito factus non est mens actus, ” is frequently used as a defense. The idea behind this maxim is that if someone is pressured into performing an act that they ordinarily wouldn't do or have no intention of performing but are nonetheless forced to do it, the act cannot be claimed to be their own because it was not voluntary or free. What is the meaning of Actus me invito factus non est mens actus? A Latin legal proverb read as "Actus me invite factus non est meus actus, " essentially defined ... Read More

This maxim states that in order to succeed in a lawsuit against the defendant, the plaintiff must provide evidence to support their claims. In a nutshell, the plaintiff establishes that the defendant committed the act that led to his or her suffering damages. The simple act of bringing a case does not automatically imply that the plaintiff has won; rather, it provides the court with facts and proof that help to establish the claim against the defendant. Similar to civil cases, the burden of proof falls on the public prosecutor in criminal cases. What is Actori incumbit onus probandi? ... Read More

In circumstances of torts, this legal term is applicable. There are some torts that are actionable per se and no proof of damage is necessary, but in general, proof of damage or evidence of value is required in torts. Just by happening, such a tort qualifies as actionable. Think of defamatory acts like libel or slander. What is Actionable Per Se? The phrase "actionable per se" was first used in Australian law. Actionable literally means "action/act, " and "per se" (Latin for by itself) refers to something that can be punished on its own without the need for evidence ... Read More

This maxim was originally used in a 1496 court case involving a woman who was ordered to pay a defamation penalty but passed away before doing so. Despite the Latinate form in which the proposition is articulated, academics have claimed that its origins are less archaic, and this has been recognized by the courts. One Lord Chancellor (Viscount Simon) regarded it as "not actually the source from which a body of law has been deduced, but a confusing expression, framed in the solemnity of the Latin tongue, in which the effect of death upon certain personal torts was inaccurately generalized." ... Read More

When a court deems something to be a case of ab initio, it indicates that the court's decision on the matter is effective as of the time the conduct in question occurred or as of the time the relevant circumstances were in place, not as of the time the court rendered its decision. Numerous contexts call for the use of the phrase ab initio. Such things as a contract, a statute, a deed, etc., can be declared void ab initio, which means void from the start. Something that is claimed to be void ab initio never existed or ... Read More