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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]
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 ...
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
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 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).
A legal term meaning that something is only wrong because it is against the law (cf. malum in se); for example, violating a speed limit. mandamus: we command: A judicial remedy ordering a lower court, government entity, or public authority to do something (or refrain from doing something) as required by law. malum quo communius eo peius
In law, willful ignorance is when a person seeks to avoid civil or criminal liability for a wrongful act by intentionally keeping themselves unaware of facts that would render them liable or implicated.