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(2) The power of the state serves all citizens and can be only applied in cases, under limitations and through uses specified by a law. (3) Every citizen can do anything that is not forbidden by the law, and no one can be forced to do anything that is not required by a law. The same principles are reiterated in the Czech Bill of Rights, Article 2.
dynamic modality, [2] which may be distinguished from deontic modality in that, with dynamic modality, the conditioning factors are internal – the subject's own ability or willingness to act [3] The following sentences illustrate epistemic and deontic uses of the English modal verb must: epistemic: You must be starving.
The English modal auxiliary verbs are a subset of the English auxiliary verbs used mostly to express modality, properties such as possibility and obligation. [a] They can most easily be distinguished from other verbs by their defectiveness (they do not have participles or plain forms [b]) and by their lack of the ending ‑(e)s for the third-person singular.
Ohio (1986) established that states may make justification an affirmative defense, placing the burden of proof on defendant. [ 1 ] : 18 Patterson v. New York (1977) established that states may make excuses, such as involving mental state, an affirmative defense, rather than part of the mens rea element the prosecution must prove beyond a ...
The IETF (Internet Engineering Task Force) defines shall and must as synonymous terms denoting absolute requirements, and should as denoting a somewhat flexible requirement, in RFC documents. [ 21 ] On specifications and standards published by the United States Department of Defense (DoD), requirements with "shall" are the mandatory requirements.
The promise must be real and unconditional. This doctrine rarely invalidates contracts; it is a fundamental doctrine in contract law that courts should try to enforce contracts whenever possible. Accordingly, courts will often read implied-in-fact or implied-in-law terms into the contract, placing duties on the promisor.
These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. [1] The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation.
In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand. This is because constitutionally permissible activity may not be chilled because of a statute's vagueness (either because the statute is a penal statute with criminal or quasi-criminal civil penalties, or because the interest invaded by the vague law is ...