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Mistake Of Law
Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. In jurisdictions that use the term, it is differentiated from mistake of fact. There is a principle of law that " ignorance of the law is no excuse". In criminal cases, a mistake of law is not a recognized defense, though such a mistake may in very rare instances fall under the legal category of "exculpation". In criminal cases a mistake of fact is normally called simply, " mistake". General principles Usually, there is in legal cases an irrebuttable presumption that people who are about to engage in an activity will comply with applicable law. As part of the rule of law, the law is assumed to be made available to everyone. The presumption of knowledge of applicable law generally will also apply in the situation of a recent change in the law with which a party in a legal case had n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake Of Fact
A mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake of law, which is not usually a defense; law enforcement may or may not take for granted that individuals know what the law is. Discussion Most criminal law systems in developed states exclude mistake of law as a defense, because allowing defendants to invoke their own ignorance of the law would breach the public policy represented by the Latin maxim: '' ignorantia legis neminem excusat''. But someone operating under a mistake of fact will not generally be liable, because, although the defendant has committed the ''actus reus'' of the offense, the defendant may honestly believe in a set of facts that would prevent him or her from forming the requisite ''mens rea'' required to constitute the crime. For example: A defendant goes into a supermarket and places ei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right-of-way
Right of way is the legal right, established by grant from a landowner or long usage (i.e. by prescription), to pass along a specific route through property belonging to another. A similar ''right of access'' also exists on land held by a government, lands that are typically called public land, state land, or Crown land. When one person owns a piece of land that is bordered on all sides by lands owned by others, an easement may exist or might be created so as to initiate a right of way through the bordering land. This article focuses on access by foot, by bicycle, horseback, or along a waterway, while Right-of-way (transportation) focuses on land usage rights for highways, railways, and pipelines. A footpath is a right of way that legally may only be used by pedestrians. A bridleway is a right of way that legally may be used only by pedestrians, cyclists and equestrians, but not by motorised vehicles. In some countries, especially in Northern Europe, where the freedom to roam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lambert V
Lambert may refer to People *Lambert (name), a given name and surname * Lambert, Bishop of Ostia (c. 1036–1130), became Pope Honorius II *Lambert, Margrave of Tuscany ( fl. 929–931), also count and duke of Lucca *Lambert (pianist), stage-name of German pianist and composer Paul Lambert Places United States *Lambert, Mississippi, a town *Lambert, Missouri, a village *St. Louis Lambert International Airport, St. Louis, Missouri *Lambert, Montana, a rural town in Montana *Lambert, Oklahoma, a town *Lambert Township, Red Lake County, Minnesota *Lambert Castle, a mansion in Paterson, New Jersey *Lambert Creek, San Mateo County, California Elsewhere * Lambert Gravitational Centre, the geographical centre of Australia * Lambert (lunar crater), named after Johann Heinrich Lambert *Lambert (Martian crater), named after Johann Heinrich Lambert Transportation *Lambert (automobile), a defunct American automobile brand *Lambert (cyclecar), British three-wheeled cyclecar *''Lambert'', one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Georgia Law Review
The Georgia Law Review is the flagship publication of the University of Georgia School of Law. It was established in 1966 and is run by second- and third-year law students, operating independently from the School of Law faculty and administration. History Efforts to start a student-run law review at the University of Georgia go back to at least 1948 when two proposals were submitted but rejected by law school Dean J. Alton Hosch largely on financial grounds. Dean Hosch was dismissive of similar efforts in 1960 and 1963 citing his belief that there were already too many law reviews. Following Hosch's retirement in 1964, a successful effort to organize a law review was undertaken and the first issue was published in the Fall of 1966. Notable people *Sally Yates Sally Quillian Yates (born Sally Caroline Quillian; August 20, 1960) is an American lawyer. From 2010 to 2015, she was United States Attorney for the Northern District of Georgia. In 2015, she was appointed United St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Long V
Long may refer to: Measurement * Long, characteristic of something of great duration * Long, characteristic of something of great length * Longitude (abbreviation: long.), a geographic coordinate * Longa (music), note value in early music mensural notation Places Asia * Long District, Laos * Long District, Phrae, Thailand * Longjiang (other) or River Long (lit. "dragon river"), one of several rivers in China * Yangtze River or Changjiang (lit. "Long River"), China Elsewhere * Long, Somme, France * Long, Washington, United States People * Long (surname) * Long (surname 龍) (Chinese surname) Fictional characters * Long (''Bloody Roar''), in the video game series Sports * Long, a fielding term in cricket * Long, in tennis and similar games, beyond the service line during a serve and beyond the baseline during play Other uses * , a U.S. Navy ship name * Long (finance), a position in finance, especially stock markets * Lòng, name for a laneway in Shanghai * Long in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bigamy
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. In the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. Bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. If the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws. Bigamy is a crime in most countries that recognise only monogamous marriages. When it occurs in this context often neither the first nor second spouse is aware of the other. In countries that have bigamy laws, with a few exceptions (suc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawful Excuse
Criminal damage in English law was originally a common law offence. The offence was largely concerned with the protection of dwellings and the food supply, and few sanctions were imposed for damaging personal property. Liability was originally restricted to the payment of damages by way of compensation. As time passed, specific laws were introduced to deal with particular situations as they were judged to require intervention, most particularly alongside the rise of mechanisation and urbanisation during the Industrial Revolution. The modern law of criminal damage is mostly contained in the Criminal Damage Act 1971, which redefines or creates several offences protecting property rights. The Act provides a comprehensive structure covering merely preparatory acts to the most serious offences of arson and causing damage with intent to endanger life. As such, punishments vary from a fixed penalty to life imprisonment, and the court may order payment of compensation to a victim. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dishonesty
Dishonesty is to act without honesty. It is used to describe a lack of probity, cheating, lying, or deliberately withholding information, or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousness. Dishonesty is the fundamental component of a majority of offences relating to the acquisition, conversion and disposal of property (tangible or intangible) defined in criminal law such as fraud. English law Dishonesty has had a number of definitions. For many years, there were two views of what constituted dishonesty in English law. The first contention was that the definitions of dishonesty (such as those within the Theft Act 1968) described a course of action, whereas the second contention was that the definition described a state of mind. A clear test within the criminal law emerged from ''R v Ghosh'' (1982) 75 CR App. R. 154. The Court of Appeal held that dishonesty is an element of ''mens rea'', clearly referring to a state of m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ignorantia Juris Non Excusat
In law, (Latin for "ignorance of the law excuses not"),''Black's Law Dictionary'', 5th Edition, pg. 672 or ("ignorance of law excuses no one"),''Black's Law Dictionary'', 5th Edition, pg. 673 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. European-law countries with a tradition of Roman law may also use an expression from Aristotle translated into Latin: ("nobody is thought to be ignorant of the law") or ("not knowing the law is harmful"). Explanation The rationale of the doctrine is that if ignorance were an excuse, a person charged with criminal offenses or a subject of a civil lawsuit would merely claim that one was unaware of the law in question to avoid liability, even if that person really does know what the law in question is. Thus, the law imputes knowledge of all laws to all persons within the jurisdiction no matter how transiently. Even though it would be i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Damage Act 1971
Criminal damage in English law was originally a common law offence. The offence was largely concerned with the protection of dwellings and the food supply, and few sanctions were imposed for damaging personal property. Liability was originally restricted to the payment of damages by way of compensation. As time passed, specific laws were introduced to deal with particular situations as they were judged to require intervention, most particularly alongside the rise of mechanisation and urbanisation during the Industrial Revolution. The modern law of criminal damage is mostly contained in the Criminal Damage Act 1971, which redefines or creates several offences protecting property rights. The Act provides a comprehensive structure covering merely preparatory acts to the most serious offences of arson and causing damage with intent to endanger life. As such, punishments vary from a fixed penalty to life imprisonment, and the court may order payment of compensation to a victim. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft Act 1968
The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception. History The Theft Act 1968 resulted from the efforts of the Criminal Law Revision Committee to reform the English law of theft. The Larceny Act 1916 had codified the common law, including larceny itself, but it remained a complex web of offences. The intention of the Theft Act 1968, was to replace the existing law of larceny and other deception-related offences, by a single enactment, creating a more coherent body of principles that would allow the law to evolve to meet new situations. Provisions A number of greatly simplifiedor at least less complicatedoffences were created. Section 1 – Basic definition of "theft" This section creates the offence of theft. This definition is supplemented by sections 2 to 6. The definition of theft ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
