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Intent is defined in English law by the ruling in R v Mohan [1976] QB 1 as "the decision to bring about a prohibited consequence" (malum prohibitum). [1] [2] [3] A range of words represents shades of intent in criminal laws around the world. The mental element, or mens rea, of murder, for example, was historically called malice aforethought.
Relevance is a question of law and so is determined by the judge. Where it approaches the "ultimate issue" of the trial, the standard for inclusion must be stricter. To be considered necessary, the expert evidence must be outside the likely everyday experience of a judge and jury.
In international law, the principle is known as the Lotus principle, after a collision of the S.S. Lotus in international waters. The Lotus case of 1926–1927 established the freedom of sovereign states to act as they wished, unless they chose to bind themselves by a voluntary agreement or there was an explicit restriction in international law ...
Shahid Khan upheld the Shah Bano judgement effectively nullifying the Muslim Women Act 1986. National Legal Services Authority v. Union of India [12] 2014 Recognised transgender as 'third gender' in law and affirmed that the fundamental rights granted under the Constitution of India will be equally applicable to them. ABC v. The State (NCT of ...
The principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the legal system ought fairly to operate", per R v Malmo-Levine. [1] These principles may stipulate basic procedural rights afforded to anyone facing an adjudicative process or procedure that ...
Bushel’s Case (1670) 124 E.R. 1006, also spelled Bushell's Case, is a famous English decision on the role of juries. It established beyond question the independence of the jury. [ 1 ] It also confirmed that the Court of Common Pleas could issue a writ of habeas corpus in ordinary criminal cases.
P. N. Bhagwati was born in Gujarat.His father was Justice Natwarlal H. Bhagwati, a Supreme Court judge. [2] He was the elder brother of the economist Jagdish Bhagwati and the neurosurgeon/president of the Neurological Society of India S. N. Bhagwati - father of economist Ketki Bhagwati. [3]
R v Sussex Justices, ex parte McCarthy ([1924] 1 KB 256, [1923] All ER Rep 233) is a leading English case on the impartiality and recusal of judges.It is famous as a legal precedent in establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision.