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Topic: Presumed knowledge of the law


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In the News (Thu 16 May 13)

  
  Mens rea: Definition and Links by Encyclopedian.com
A concept that is somewhat misleading for its over-simplification is so-called presumed knowledge of the law.
No one is "presumed" to know the law; the reality is that knowledge of the particular statute prohibiting certain conduct is not usually an element of the crime created by that statute, and therefore knowledge of the law is not required for punishment.
Common Law: (a) It shall be unlawful for a person to cause the death of a human being with malice aforethought.
www.encyclopedian.com /me/Mens-rea.html   (476 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
Though the effect of such a law is to render the prior deed fraudulent a void against a subsequent purchaser, it is not a law impairing the obligation of contracts; such too is the power to pass acts of limitations, and their effect.
The right to appropriate a derelict is one of universal law, well known to the civil law, the common law, and to all law: it existed in a state of nature, and is only modified by society, according to the discretion of each community.
The opinion of the Court suggests that the presumption of knowledge of the law is not unreasonable in cases such as these because it is a customary feature of property ownership that the landowner monitor the Acts of the legislature that may affect his interest.
caselaw.lp.findlaw.com /scripts/getcase.pl?navby=case&court=us&vol=454&page=516   (12480 words)

  
  Imputation (law) - Wikipedia, the free encyclopedia
All laws are published and available for study in all the developed states; the content of the law is imputed to all persons who are within the jurisdiction, no matter how transiently (see presumed knowledge of the law).
The principle also arises in specific areas of law such as Criminal Law and Commercial Law to describe the need for the law to hold one person liable when he or she may not have had actual knowledge of the particular circumstances giving rise to the loss or damage sustained by another.
In English law, a corporation can only act through its employees and agents so it is necessary to decide in which circumstances the law of agency or vicarous liability will apply to hold the corporation liable in tort for the frauds of its directors or senior officers.
en.wikipedia.org /wiki/Imputation_(law)   (1304 words)

  
 Presumed knowledge of the law - Wikipedia, the free encyclopedia
Presumed knowledge of the law is the principle in jurisprudence that one is bound by a law even if one does not know of it.
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.
It was then argued that both the presumed knowledge and the heavily increasing corpus of national legislation were working in favour of lawyers rather than citizens.
en.wikipedia.org /wiki/Presumed_knowledge_of_the_law   (418 words)

  
 IS WORLD LAW AN EMERGING REALITY   (Site not responding. Last check: 2007-10-15)
Law is inherently conservative—its continuity and predictability presumed to be protective of the stability of the society which it serves.
Laws alone have often proved ineffective to protect endangered areas, but extra-governmental control enlisting local support but relying also on non-governmental contractual security forces could have implications for national sovereignty and international law.
The growth of scientific knowledge and of technology, extension of information and communication, the globalization of trade and of numerous transnational environmental hazards have combined toward forcing a broadened interpretation of conventional international law.
www.colorado.edu /Law/CJIELP-10/Caldwell.html   (5228 words)

  
 Vattel: The Law of Nations: Preliminaries
This law contains the precepts prescribed by the law of nature to states, on whom that law is not less obligatory than on individuals, since states are composed of men, their resolutions are taken by men, and the law of nature is binding on all men, under whatever relation they act.
Since therefore the necessary law of nations consists in the application of the law of nature to states, — which law is immutable, as being founded on the nature of things, and particularly on the nature of man, — it follows that the Necessary law of nations is immutable.
The law of nations is adopted in Great Britain in its full and most liberal extent by the common law, and is held to be part of the law of the land; and all statutes relating to foreign affairs should be framed with reference to that rule.
www.constitution.org /vattel/vattel_pre.htm   (5244 words)

  
 Ignorance of the law.
Presumed knowledge of the law is the principle in jurisprudence that one is bound by a law even if one does not know of it.
The concept comes from Roman law, and is expressed in the brocard ignorantia legis non excusat (ignorance of the law is no excuse).
Just because a Law is past, does it mean it is a GOOD law.
cagematch.dvorak.org /index.php?topic=1666.msg6880   (455 words)

  
 allAfrica.com: Ghana: Certainty of Laws is a Prerequisite for Rule of Law (Page 1 of 1)
By certainty of the law, the learned Professor meant that enacted laws should be highly open and accessible by any person who is subject to the jurisdiction of the state.
One of the avowed intentions of the principle, ignorance of the law is no excuse, is as a means of social control, to discourage flippant or groundless defence and reinforce the need for the citizen to be aware of both the criminal law and legal developments.
It is submitted that since all the laws of Ghana are applicable to all parts of the country, the accessibility of the same laws should IN THE SAME MEASURE be feasibly applied in every constituency of the country.
allafrica.com /stories/200708131054.html   (825 words)

  
 THE LAW OF NATIONS -- Introduction
Since, therefore, the necessary Law of Nations consists in applying the natural law to States, since the natural is not subject to change, being founded on the nature of things and particularly upon the nature of man, it follows that the necessary Law of Nations is not subject to change.
The laws of the natural society of Nations are so important to the welfare of every State that if the habit should prevail of treading them under foot no Nation could hope to protect its existence or its domestic peace, whatever wise and just and temperate measures it might take.
Hence we must also say of this customary law that its details do not come within a systematic treatise on the Law of Nations, and we must limit ourselves to stating the general theory of it, that is to say, the rules to be observed in it, both as regards its effects and its substance.
www.pixi.com /~kingdom/lawintro.html   (2928 words)

  
 The Law
It is easy to understand why the law is used by the legislator to destroy in varying degrees among the rest of the people, their personal independence by slavery, their liberty by oppression, and their property by plunder.
The harmlessness of the mission performed by law and lawful defense is self-evident; the usefulness is obvious; and the legitimacy cannot be disputed.
But make the laws upon the principle of fraternity -- proclaim that all good, and all bad, stem from the law; that the law is responsible for all individual misfortunes and all social inequalities -- then the door is open to an endless succession of complaints, irritations, troubles, and revolutions.
www.constitution.org /law/bastiat.htm   (15981 words)

  
 freed
It is true that such a requirement would involve knowledge of law, but it does not involve 'consciousness of wrongdoing' in the sense of knowledge that one's actions were prohibited or illegal.
The knowledge involved is solely knowledge of the circumstances that the law has defined as material to the offense.
It is a defense because knowledge that the property belongs to someone else is a material element of the crime and such knowledge may involve matter of law as well as fact.
wings.buffalo.edu /law/bclc/web/freed.htm   (2113 words)

  
 Vermont Rules
As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education.
A lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for employment with a party or attorney involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge, other adjudicative officer or arbitrator.
(a) A lawyer or law firm which receives client funds shall create and maintain a pooled interest-bearing trust account for deposit of client funds that are not reasonably expected to earn a substantial amount of interest for the client, individually or in combination with other client funds held by the lawyer or law firm.
www.law.cornell.edu /ethics/vt/code/VT_CODE.HTM   (10851 words)

  
 LLRX -- Finding the Law: Islamic law (Sharia)
Islamic law codifies beliefs that are deeply held by a significant proportion of the world's population and which those believers consider to be immutable and of universal vocation.
Islamic law derives from the Koran (Q'uran) and from the Sunnah and hadith: the writings of prophets and scholars, mostly until the fall of Baghdad in 13th Century.
Islamic law merits study not only for its substantive role when called upon by civil law in matters of family relationships and property or by religious courts, but also because it may be a motivating force inspiring judges in their application of civil and commercial laws.
www.llrx.com /features/islamiclaw.htm   (4417 words)

  
 CATHOLIC ENCYCLOPEDIA: Proof
law are of course stronger than natural presumptions or presumptions of facts; while specific presumptions have more weight than those of a general
It is for the judge to trace the report to its source and accept it at its proper value.
moral, their knowledge of the facts at issue, and so on.
www.newadvent.org /cathen/12454c.htm   (1353 words)

  
 The Law, by Frederic Bastiat
As long as it is admitted that the law may be diverted from its true purpose — that it may violate property instead of protecting it — then everyone will want to participate in making the law, either to protect himself against plunder or to use it for plunder.
But when the law, by means of its necessary agent, force, imposes upon men a regulation of labor, a method or a subject of education, a religious faith or creed — then the law is no longer negative; it acts positively upon people.
But make the laws upon the principle of fraternity — proclaim that all good, and all bad, stem from the law; that the law is responsible for all individual misfortunes and all social inequalities — then the door is open to an endless succession of complaints, irritations, troubles, and revolutions.
bastiat.org /en/the_law.html   (15843 words)

  
 Experienced Attorney for DUI, Speeding, Radar, Driving on Suspended License, MVA hearings 410-486-1800. We can help.
While most police officers perform their tasks properly, there are many instances when their acts, omissions, or failure to comply with detailed procedures when giving a ticket, or making an arrest, creates a valid and enforceable defense to enable your case to be dismissed prior to trial.
Hyatt's knowledge of specific case will enable him to zero in to detect essential elements of non compliance and get your case dismissed prior to trial.
Busy trial judges,who hear hear many different types of cases, may not be as knowledgeable as a dedicated DUI lawyer who can bring specific knowledge to a case which can make all of the difference between wining and losing.
www.dui-maryland.com   (3249 words)

  
 Arguments for the Defense in U. S. vs Susan B. Anthony
She had in law no individual existence, and consequently no action could be brought by her to redress the grievous wrong; indeed according to the law she had suffered no wrong, but the husband had suffered all, and was entitled to all the redress.
Bishop: "The doctrine of the intent as it prevails in the criminal law, is necessarily one of the foundation principles of public justice.
It is immaterial whether its non-existence be owing to ignorance of law or ignorance of fact, in either case the fact which the law condemns, the criminal intent, is wanting.
www.law.umkc.edu /faculty/projects/ftrials/anthony/defargument.html   (10342 words)

  
 Bastiat: The Law, Russell translation: Library of Economics and Liberty
As long as it is admitted that the law may be diverted from its true purpose—that it may violate property instead of protecting it—then everyone will want to participate in making the law, either to protect himself against plunder or to use it for plunder.
Sometimes the law places the whole apparatus of judges, police, prisons, and gendarmes at the service of the plunderers, and treats the victim—when he defends himself—as a criminal.
But when the law, by means of its necessary agent, force, imposes upon men a regulation of labor, a method or a subject of education, a religious faith or creed—then the law is no longer negative; it acts positively upon people.
www.econlib.org /library/Bastiat/basEss2a.html   (13515 words)

  
 Shanley's record long ignored: Files show Law, others backed priest, by Walter V. Robinson and Thomas Farragher, Boston ...
For more than a decade, Cardinal Bernard F. Law and his deputies ignored allegations of sexual misconduct against Rev. Paul R. Shanley and reacted casually to complaints that Shanley endorsed sexual relations between men and boys, according to an avalanche of documents that were made public yesterday.
Before an audience of journalists, accusers' families, and parishioners from the Newton church Shanley served as curate and pastor from 1979 to 1990, MacLeish argued that Law, his predecessor, Cardinal Humberto S. Medeiros, and their top aides were complicit in covering up the church's knowledge of a molester in their midst.
In June 1997, Law wrote a letter to O'Connor, citing ''some controversy'' in Shanley's past, but adding: ''If you decide to allow Father Shanley to accept this position, I would not object.'' But Flatley never sent the letter, after learning that O'Connor ruled out the promotion.
www.bishop-accountability.org /news/2002_04_09_Robinson_ShanleysRecord.htm   (2273 words)

  
 Vegas Injury Law - Las Vegas Lawyer - Las Vegas Attorney - Las Vegas Premises Liability Lawyer
This area of law is still evolving to define the duty property and business owners have to maintain their properties in a safe condition.
When an unsafe condition exists which has been created by the owner of the property himself, or by an employee of that owner, a person invited onto the property need not prove the owner’s notice or knowledge of the dangerous condition because such knowledge is imputed to the owner.
Although negligence is never presumed, the presence of a foreign substance on a floor generally is not compatible with the standard of ordinary care.
vegasinjurylaw.com /slipfall5.html   (519 words)

  
 Regulations [UC Hastings College of the Law]
The Academic Regulations were promulgated by the faculty of Hastings College of the Law between 1970 and 1979 and were first codified in 1980.
The regulations were amended and partially revised by the faculty from time to time from 1980 to 1998 and were recodified in 1999.
Read these regulations carefully; all students are presumed to have full knowledge of their contents.
www.uchastings.edu /?pid=51   (84 words)

  
 RISupremeCourt   (Site not responding. Last check: 2007-10-15)
The same year the constitutional inhibition upon state law set forth in the New York Times case was extended to criminal libel actions in which at common law the criticism of pubic officials could he punished, even when the statements were true, if published for malicious motives.
First, in regard to public officials and public figures, no recovery may be permitted unless the plaintiff proves by clear and convincing evidence that the publication was made with knowledge that the defamatory statement was false or with reckless disregard of whether it was false or not.
Second, in regard to private citizens, the states may apply their own laws in respect to the publishing of defamatory material, except that liability may not be established without fault (a concept that indicates that at least ordinary negligence must he shown).
www.apol.net /dightonrock/merdagate-23.htm   (4050 words)

  
 Find an Attorney, Lawyer by State Ask a Lawyer Online Law Tips
A defense lawyer should also be familiar with statutes, regulations and the consequences which might affect your ability to do such things as: expunge or seal a possible conviction, U.S citizenship status and deportation if convicted, become licensed to perform certain professions and be skilled in trial practice and settlement negotiations.
It is also helpful to have knowledge of both State and Federal recent case decisions aside from the policies and practices of the local courts.
California was the second state to adopt drunk driving laws in the U.S. after New York in 1910.
www.legallawmatch.com   (485 words)

  
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