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Under the principle of ignorantia juris non excusat, ignorance of or mistake about the law is no defense. The mens rea of knowledge refers to knowledge about certain facts. It is "a positive belief that a state of affairs exists". [2] Knowledge can be actual, constructive, or imputed. [3]
In corporate law, the doctrine of constructive notice is a doctrine where all persons dealing with a company are deemed (or "construed") to have knowledge of the company's articles of association and memorandum of association. The doctrine of indoor management is an exception to this rule.
Actual notice is a law term, used most frequently in civil procedure. It is notice (usually to a defendant in a civil proceeding) delivered in such a way as to give legally sufficient assurance that actual knowledge of the matter has been conveyed to the recipient. [ 1 ]
For these purposes, knowledge can be both actual and constructive—i.e., the court can impute knowledge where appropriate. There is no problem when the alleged criminal actually intended to cause the particular harm. Things are more difficult when the defendant denies actual knowledge. When evaluating behavior, the legal process assumes the ...
At common law, notice is the fundamental principle in service of process. In this case, the service of process puts the defendant "on notice" of the allegations contained within the complaint, or other such pleading. Since notice is fundamental, a court may rule a pleading defective if it does not put the defendant on notice.
Thus the court will treat a person as having constructive knowledge of the facts if he wilfully shuts his eyes to the relevant facts which would be obvious if he opened his eyes, such constructive knowledge being usually termed (though by a metaphor of historical inaccuracy) "Nelsonian knowledge". Similarly the court may treat a person as ...
The knowledge requirement for contributory infringement is an objective assessment and stands fulfilled if the defendant has actual or constructive knowledge of an infringement, i.e., if he or she has reason to believe that an infringement is taking place. [4]
In law, ignorantia juris non excusat (Latin for "ignorance of the law excuses not"), [1] or ignorantia legis neminem excusat ("ignorance of law excuses no one"), [2] is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.