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Questions regarding the well-definedness of a function often arise when the defining equation of a function refers not only to the arguments themselves, but also to elements of the arguments, serving as representatives. This is sometimes unavoidable when the arguments are cosets and when the equation refers to coset representatives. The result ...
The courts interpreted the law as applying to only those convicted of stealing two or more horses and allowed first-offenders who stole one horse to continue to avail themselves of the lesser penalty. The following year, Parliament explicitly addressed the rule's use with the passage of a new law, solely dedicated to horse thievery.
In law, knowledge is one of the degrees of mens rea that constitute part of a crime.For example, in English law, the offence of knowingly being a passenger in a vehicle taken without consent requires that the prosecution prove not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, but also that the defendant knew that it was taken without ...
In probate law, the rule is also favored because the testator is typically not around to indicate what interpretation of a will is appropriate. Therefore, it is argued, extrinsic evidence should not be allowed to vary the words used by the testator or their meaning. It can help to provide for consistency in interpretation.
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove". [1] Probative evidence "seeks the truth".
To establish a test for valid law in the applicable legal system; To confer validity to everything else in the applicable legal system; To unify the laws in the applicable legal system [3] The validity of a legal system is independent from its efficacy. A completely ineffective rule may be a valid one - as long as it emanates from the rule of ...
The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is contrary to principles of public policy.
In criminal law, the rule of lenity holds that where a criminal statute is ambiguous, the meaning most favorable to the defendant—i.e., the one that imposes the lowest penalties—should be adopted. [1] In the US context, Justice John Marshall stated the rule thus in United States v. Wiltberger: