Legal Maxims Essay

Actus non – facit reum nisi mens sit rea

  This maxim is a cardinal doctrine of the   criminal law.Such cases should be regarded as exceptions to the general rule that a person cannot be convicted of a crime unless it is committed with a wrongful intention.
There are two components for every crime,namely a physical element and a mental element called actus reus and mens rea. The mental element is always marked by the word "maliciously","fraudulently","negligently" or simply "knowingly".But this rule is flexible,for a statute may make an act criminal whether or not there has been an intention to break the law or   otherwise to do wrong e.g. food adulteration.
So long as an act rests on bare intention, it is not punishable,but when the act is done ,the law considers not only   the act itself but the intent with which it was done.
A criminal intent cannot be imputed to persons who ,by reasons of their mental disorder or immature years,are under natural disability from distinguishing between good and evil.

Audi alteram partem

It is a principle of natural justice i.e no one shall be condemned unheard. Any person against whom an allegation is made and action is proposed,should be given a reasonable opportunity to defend himself. A conclusion   without hearing the other side violates natural justice and principle of fair trail. Every person who is alleged to have violated the rights of others must have reasonable notice of the case he has to meet. After receiving notice,he shall be provided with an opportunity to produce evidence in his defense. Thus ,notice,right to produce evidence and disclosure of evidence are the major ingredients of a fair trail. Evidence against a person can be taken in his presence only. There should be an opportunity for rebuttal of evidence against a party and cross examine the other side. This is also the fundamental principle of fair hearing.

Delegatus non protest delegare
A delegated authority cannot be re delegated, or in other...