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12 votes

The principle of legality in criminal law, and the common law

The rough idea is that people are expected to know that it's wrong to bash other people over the head with a snooker cue, even if they can't cite the exact legal reason why this might be a criminal ...
alexg's user avatar
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9 votes

Suing lease financing Company

No. Federal law specifically releases the leasing company from liability. 49 U.S. Code § 30106 Rented or leased motor vehicle safety and responsibility (a) In General.—An owner of a motor vehicle ...
user71659's user avatar
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9 votes

The principle of legality in criminal law, and the common law

Isn't it the case that the England and Wales system bluntly defies the principle of legality? Or is there something I don't know that mitigates the tension? Is there any theorizing about this that ...
ohwilleke's user avatar
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5 votes

The principle of legality in criminal law, and the common law

The common law distinguishes between malum prohibitum and malum in se These Latin phrases translate as "wrong [as or because] prohibited" and “wrong or evil in itself” and are inherited ...
Dale M's user avatar
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4 votes
Accepted

Can you appeal a decision if the judge based it on subjective and unclear testimony?

On appeal, a judge's decision will be upheld if the findings of fact made by the judge have any support from admissible evidence presented at trial, or if a reasonable inference from that admitted ...
ohwilleke's user avatar
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2 votes
Accepted

Why are divination services, psychics and all that stuff not considered fraud?

The elements of fraud at common law are: A representation Its falsity Its materiality The speaker's knowledge of its falsity or ignorance of its truth The speaker's intent that it should be acted ...
bdb484's user avatar
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