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It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment. In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court.
In some countries, such as Brazil, [1] it is a legal right or even a constitutional right. In other countries, it is not a legal right as such, but a right which certain media outlets and publications choose to grant to people who have been severely criticised by them, as a matter of editorial policy.
The right does not apply to corporations (EPA v Caltex). Within Australia, the right to silence derives from common law's Companion rule. The basic position is adverse inference may not be drawn about the defendant's culpability, where he/she does not answer police questions. While this is the common law position, it is buttressed by various ...
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. [1] Rights are an important concept in law and ethics, especially theories of justice and deontology.
Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, [2] and was referred to by Roman philosopher Cicero.
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An example for this is the Nebenbesitz (indirect possession of a right by more than one person), which is denied by German courts with the argument that §868 of the Civil Code, which defines indirect possession, does not say there could be two people possessing.
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