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Topic: Ignorance of the law is no excuse


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In the News (Sat 30 Aug 08)

  
  Presumed knowledge of the law - Wikipedia, the free encyclopedia
The concept comes from Roman law, and is expressed in the brocard ignorantia legis non excusat (ignorance of the law is no excuse).
The essential public character of a law requires that the law must apply to anyone in the jurisdiction where the law applies.
Particularly in civil law, regard can be had to the difficulty of being informed of the existence of a law considering the lifestyle of the average citizen.
en.wikipedia.org /wiki/Presumed_knowledge_of_the_law   (382 words)

  
 Ignorantia juris non excusat - Wikipedia, the free encyclopedia
The rationale behind the doctrine is that if ignorance was an excuse, persons charged with criminal offenses would merely claim they were unaware of the law in question to escape punishment.
As such, from the standpoint of the law, all persons are aware of all laws, even though from a practical standpoint this would be impossible, even for someone with substantial legal training.
However, although ignorance may not go to guilt, it can be a consideration in sentence, particularly where the law is unclear or the defendant sought advice from law enforcement or regulatory officials.
en.wikipedia.org /wiki/Ignorance_of_the_law_is_no_excuse   (332 words)

  
 Saint John's Journal of Legal Commentary
Ignorance of the law is no excuse [2] for crime except when the statute that criminalizes the behavior allows ignorance as an excuse.
Ignorance that murder is a crime is no excuse for the crime of murder.
The dissenters intoned that ignorance of the law is no excuse.
www.saf.org /LawReviews/Yochum1.htm   (14627 words)

  
 CATHOLIC ENCYCLOPEDIA: Ignorance
Ignorance is said to be invincible when a person is unable to rid himself of it notwithstanding the employment of moral diligence, that is, such as under the circumstances is, morally speaking, possible and obligatory.
Ignorance of law, when one is unaware of the existence of the law itself, or at least that a particular case is comprised under its provisions.
Concomitant ignorance is concerned with the will to act in a given contingency; it implies that the real character of what is done is unknown to the agent, but his attitude is such that, were he acquainted with the actual state of things, he would go on just the same.
www.newadvent.org /cathen/07648a.htm   (1267 words)

  
 nystudifin
Furthermore, the defendant's claim of ignorance of local law is belied by his possession of the booklets containing local laws which state the necessity of a New York license to possess as well as to sell firearms.
Ignorance of the law is no excuse is a solidly embedded principle of the common law.
Denial of the defense (also known as mistake of law) and resultant convictions are justified as needed to educate the public as to the law's existence and to aid in establishing the conduct prescribed as new social mores.
wings.buffalo.edu /law/bclc/web/nystudifin.htm   (2476 words)

  
 Taxation For non-US Webmasters
Ignorance of laws which legislature enacts much less of various provisions of a same stature can not be imputed to the legislature.
Ignorance implies passiveness; mistake implies action and so, the maxim: “Ignorance of law is no excuse” which is familiar to all minds but ignorance of facts, is the want of knowledge of the fact in question, which must be excusable.
Such as to a matter of law arising on the doubtful construction of a provision, and is a rule of necessity and is limited in its scope by the reason of it.
www.webmasterworld.com /forum89/6190-2-10.htm   (2150 words)

  
 Differences between Civil and Criminal Law
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials.
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty.
Ignorance of the law excuses no man; not that all men know the law; but because 'tis an excuse every man will plead, and no man can tell how to confute him.
www.rbs2.com /cc.htm   (1850 words)

  
 Whiskey Bar: Ignorance of the Law is No Excuse   (Site not responding. Last check: 2007-10-15)
Levin: Although nothing in the text of the new bill mandates a stay, the omission of [the original section 5], which in the earlier Senate-passed bill made a stay permissive, might be read to mean that Congress intends to mandate a stay.
Under current law, a judge may decide whether or not a stay is appropriate.
It is on this point: the language of the Act clearly does not purport to change the law concerning issuance of temporary or preliminary relief.
billmon.org /archives/001767.html   (455 words)

  
 Ignorance of the Law is an Excuse - The Advocate: May 2001   (Site not responding. Last check: 2007-10-15)
Under the old law, driving on a DUI suspended license was a Class B misdemeanor for the first offense, a Class A misdemeanor for the second offense, and a Class D felony for the third.
In law school I was taught that United States Supreme Court law trumps State Supreme Court law on federally guaranteed rights, and the idea of a state limitation on Supreme Court decision seemed absurd.
Hodges, who we also note was well aware of DUI law and his constitutional rights prior to the 1992 and 1993 guilty pleas which bear his signature, waived any argument in that regard under all circumstances of this case.
dpa.state.ky.us /library/advocate/may01/excuse.html   (4431 words)

  
 Action America - Novel Concept for the Courts   (Site not responding. Last check: 2007-10-15)
If the laws were written in plain English and kept short and to the point, there would be no place to hide the loopholes and we would not need as many lawyers, since more people would understand the law and fewer would break the law.
It is the responsibility of the judge to rule on points of law, based upon the arguments presented by the plaintiff and defense lawyers (whose responsibility it is to enlighten the court on those points of law) and the written law that those arguments refer to.
In Texas, for example, the lawyer lawmakers passed a law stating that in order to be a judge in Texas, you must be a member of the state Bar Association (which is a sly way of saying that a judge must be a lawyer).
www.actionamerica.org /courts/novel.html   (3937 words)

  
 Ignorance Of The Law Is No Excuse :: V is for Voltage :: personal electric vehicle news and features from around the ...   (Site not responding. Last check: 2007-10-15)
The law was passed and signed by the Governor on May 16th and became effective on August 1st of 2003.
I responded with: "Officer, with all due respect, ignorance of the law is no excuse.
When the Stater finished reading the laws he was boiling mad and took off burning rubber in a non sportsmanlike manner having just been one upped by a young scooter rider who knew more about he law than him.
visforvoltage.com /main/modules.php?op=modload&name=News&file=article&sid=16&mode=thread&order=0&thold=0   (1172 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
Held: The statute does not signal an exception to the general rule that ignorance of the law is no excuse.
There is no issue in the present case of the propriety of the delegation of the power to establish regulations and of the validity of the regulation at issue.
The principle that ignorance of the law is no defense applies whether the law be a statute or a duly promulgated and published regulation.
caselaw.lp.findlaw.com /scripts/getcase.pl?court=US&vol=402&invol=558   (2951 words)

  
 Citizens For Term Limits -- Ignorance of the Law
We are paying these people to pass our laws, and in the majority of cases they don't even take time to read the laws they pass.
Well, ignorance should be no excuse for our professional politicians in Congress who vote to pass laws when they don't even know what they contain.
Ignorance of the law is no excuse for our Congress, any more than for the rest of us.
www.termlimits.com /ignorance.htm   (287 words)

  
 "Roger Horne's Miscellany" by Roger Horne, Barrister : Ignorance of the Law   (Site not responding. Last check: 2007-10-15)
By this I mean that there are no links included in the code which would enable a front-end of the sort used at Cornell to jump to a particular line in the document.
But not only will it be able to show what the law is at the current time: it will be able to show what the law was at any particular time in the past, and will have hypertext links to other acts and statutory instruments.
Ignorance of the law is no excuse: for the first time it has become possible to let people discover for themselves what the law is. A SLD terminal should be in every public library, on the bench in front of every judge, and in front of every advocate.
www.number7.demon.co.uk /papers/legallinks/links.htm   (1469 words)

  
 Lockergnome's Problem Solvers -> Ignorance Of The Law Is No Excuse
Not a secret regulation but a law that tells me what information is being collected and what will happen with it.
But since I am a law abidiing citizen, not a terrorist, not a drug dealer I do have nothing to hide or to be concerned about.
The right of assembly must now be exercised knowing that the attorney general has unleashed the FBI to spy on political and religious gatherings even where there is no reason to believe that any criminal conduct is being planned or advocated.
help.lockergnome.com /index.php?showtopic=31752   (1585 words)

  
 Jumping To Conclusions: Ignorance of the law is no excuse   (Site not responding. Last check: 2007-10-15)
EDWARDS: No, the Defense of Marriage -- first of all, I wasn't in the Congress, I don't claim to be an expert on this.
No, he doesn't practice an area of law related to this -- but shouldn't he have some basic familiarity with one of the more prominent laws passed by Congress on a prominent political issue?
And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
www.oobleck.com /tollbooth/archives/001690.html   (873 words)

  
 .Ebook - 12-4 - Understanding NLRB Laws Will Help You Win — By Gene Levine Associates
The body of laws (“law”) that protect this right is known as the National Labor Relations Act, sometimes referred to as the Wagner act.
To meet this demand, the basic law under the Act has been set forth in this eBook in a non-technical way so that those who may be affected by it can better understand what their rights and obligations are.
Accordingly, with the passage of time no one can rely on these statements as absolute until and unless a check has been made to see whether the law may have been changed substantially or specifically.
www.genelevine.com /ebooks/union-avoidance/previews/12-4-the-law/12-4.htm   (715 words)

  
 Between a rock lobster and a heartless place - Richard Ackland - www.smh.com.au
'Ignorance of the law is no excuse." Chief Justice Gleeson and Justice Kirby on Wednesday cited that well-worn dictum as being just about the only thing many people know about the law.
He was not told about the relevant law, so it was a mistake of law, not a mistake about "things" or facts.
This is no idle matter, for the upshot of the case has been ruinous to Palmer and his family.
www.smh.com.au /articles/2004/06/17/1087245040380.html?from=storylhs   (941 words)

  
 The Superhero Hype! Boards - Ignorance of the law no excuse?   (Site not responding. Last check: 2007-10-15)
Ignorance of the Law,while technically no excuse (and it must be deemed as such,for the Law to apply evenly) is however an extenuating circumstance.
Were you the jaded veteran of law enforcement that you claim to be, you would by now have developed a wee bit more sense of security about yourself and your place in the world....or at least some modicum of maturity.
The world is no longer a trusting place, and you can't tell anymore whether people are being genuine with their responses.
www.superherohype.com /forums/showthread.php?t=152395   (4237 words)

  
 The Right Coast
But today, although by no means a majority, they are a political force to be reckoned with.
I have no trouble believing that self-selection accounts for a huge part of the paucity of conservatives in the academy.
While Stevens is portraying himself as restrained by the law, his claims about himself seem to fall under the first and the second approaches.
therightcoast.blogspot.com   (5784 words)

  
 Sunshine Law ignorance is no excuse
The Missouri Sunshine Law is very clear and very direct: The public’s business shall be conducted in full view of the public.
Gary Markenson, who is the Municipal League’s mouthpiece in Jefferson City, has for years relied upon his premise of basic ignorance of the Sunshine Law to excuse public officials who violate the law.
This dictum certainly applies to the Sunshine Law, which is Chapter 610 of the Missouri Revised Statutes.
www.showmenews.com /2004/Oct/20041015Comm003.asp   (559 words)

  
 LemurZone News
As they say, "ignorance of the law is no excuse." However, Congress occasionally limits criminal liability to "willful" violations of the law.
Although there is some dispute as to what it means to violate a law "willfully," the general rule is that a willful violation means a violation that is knowingly and purposely in violation of the law itself.
Willful violations are an exception to the usual rule that ignorance of the law is no excuse: when Congress limits a crime to "willful" violations, ignorance of the law is an excuse.
www.lemurzone.com /news/dec182002.htm   (497 words)

  
 Hiring a lawyer? 5 questions to ask   (Site not responding. Last check: 2007-10-15)
Ignorance of the law is no excuse, and neither is ignorance of lawyers.
No, this is not about the clothes the lawyer wears, or whether he or she would have looked at home on the set of "L.A. Law." Far more critical than appearance are the level of aggressiveness and the ability to communicate clearly.
During your initial consultation, ask the attorney to enumerate some of the cases he has handled that are similar to your situation.
www.microsoft.com /smallbusiness/resources/finance/legal_expenses/hiring_a_lawyer_5_questions_to_ask.mspx   (1196 words)

  
 Neil Gaiman   (Site not responding. Last check: 2007-10-15)
The worst day, in Fat Charlie's opinion, was the day that the Doctor, a gruff little man, had taken Fat Charlie aside and told him that it would not be long now, that his mother was fading fast, and it was a matter of keeping her comfortable until the end.
He played no instrument, but was doing a soft-shoe-shuffle along the polished linoleum of the hospital floor, lifting his hat to each of the medical staff in turn, shaking hands with anyone who got close enough to talk or to attempt to complain.
"Excuse me," said the woman with the clipboard, when she saw the smoke, and she launched herself across the room at Fat Charlie's father like a SCUD missile with its watch on upside down.
www.neilgaiman.com /books/anansi_hc.asp   (4289 words)

  
 Ignorance of the Law Is No Excuse   (Site not responding. Last check: 2007-10-15)
The agent I talked to had no clue who the hell I was.
As we all know, ignorance of the law is no excuse.
Ten years ago, maybe even five years ago, no one knew who the RIAA was.
www.azoz.com /news/law.html   (2580 words)

  
 WA fisherman told ignorance no excuse
Ignorance of the law is no excuse, a West Australian rock lobster fisherman has found out.
The case started in Carnarvon, where a magistrate held that any mistake by Mr Palmer was a mistake of law not a mistake of fact, so he could not rely on the element of WA law which created a defence for someone who committed an offence under an honest and reasonable but mistaken belief.
He erroneously believed that no law prohibited him from fishing for rock lobster in that area.
news.ninemsn.com.au /article.aspx?id=10502   (543 words)

  
 Ignorance of the Law is No Excuse   (Site not responding. Last check: 2007-10-15)
When I was younger, we were taught that ignorance of the law is no excuse.
But, today, there are so many laws that it would be impossible for anyone to know (or understand) all of them.
Letting each segment be the law of the land for a prolonged period (perhaps an arbitrary seven years) would give people the opportunity to become familiar with it, to learn how to live with it, etc.
www.simsoc.org /guide/cms/aview.asp?id=71   (577 words)

  
 damnum absque injuria » Ignorance of the Law is No Excuse? I Never Heard That One, Have You?   (Site not responding. Last check: 2007-10-15)
Kevin Baker suggests that CNN committed no crime, as the gun was never transferred to Drew Griffin or transported out of Texas.
But, you say, “ignorance of the law is no excuse!” Actually, in this case, courtesy of the Firearm Owners’ Protection Act, it probably is. Kudos to Matt Rustler for the discovery.
And Xrlq chimes in with the whole Ignorance of the law is no excuse thing, wher […]
xrlq.com /2005/02/24/2182/ignorance-of-the-law-is-no-excuse-i-never-heard-that-one-have-you   (390 words)

  
 Justice and the ruling Class   (Site not responding. Last check: 2007-10-15)
claiming ignorance of the law is enough to get you off in Court, even for a lawyer trained in knowing the law, even for a Judge of 20 years standing, who you might hope would have some grasp of both law and justice.
The younger colleague honorably admits his guilt and is punished, while the elder claims ignorance, and somehow impresses, browbeats or oppresses a supposedly-disinterested jury into finding him not guilty.
Ironically, Doug Grahame, the Minister of Justice (ha!!!) said that, while "he was at law school with Justice Beattie" and "had bought his house from him", he "did not consider him a friend".
homepages.ihug.co.nz /~firefall/rant001.htm   (622 words)

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