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the law of the country in which an action is brought out lex lata: the carried law The law as it has been enacted. lex loci: the law of the place The law of the country, state, or locality where the matter under litigation took place. Usually used in contract law, to determine which laws govern the contract. / ˈ l ɛ k s ˈ l oʊ s aɪ / lex ...
It is thus analogous to mens rea, a more commonly used term in common law countries. The term dates back to Roman understandings of censorship, where it referred to an author's impermissible intention in writing a literary work. [2] In Scots law, the term animus malus ("evil intention" [1]) is sometimes used. [3]
In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).
The phrase animus furandi is typically translated as "evil in the heart" or "the intention to steal". [10] This intent is usually associated with permanence. For example, a person who takes an object unlawfully with the intent of returning it later does not have animus furandi. However, a person who takes an object with the intent of possessing ...
The conditional intent is to have the wedding inside on the condition of bad weather. In Holloway v. United States, the United States Supreme Court held that the word 'intent' within a federal statute could mean either a person's "unconditional intent", "conditional intent" or both depending on context and the congressional purpose of the ...
In other contexts, it can mean "according to law", "by right", and "legally". de lege ferenda: of/from law to be passed: de lege lata: of/from law passed / of/from law in force: de medietate linguae: of half-tongue: from [a person's] language [group]; party jury; the right to a jury disproportionally chosen from the accused's ethnic group; [3 ...
Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without ...
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...