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(2) The power of the state serves all citizens and can be only applied in cases, under limitations and through uses specified by a law. (3) Every citizen can do anything that is not forbidden by the law, and no one can be forced to do anything that is not required by a law. The same principles are reiterated in the Czech Bill of Rights, Article 2.
In criminal law, the defendant's motive for breaking the law is generally irrelevant unless a defendant is raising an affirmative defense allowed for by law. (Duress may or may not be allowed as an affirmative defense for some particular charge – in particular, it is generally forbidden for murder, and many jurisdictions also forbid it for ...
But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent. The UK, Finland and New Zealand assert the ideal of parliamentary sovereignty, whereby the unelected judiciary may not overturn law passed by a democratic legislature. [129]
The rule excluding hearsay arises from a concern regarding the statement's reliability. Courts have four principal concerns with the reliability of witness statements: the witness may be lying (sincerity risk), the witness may have misunderstood the situation (narration risk), the witness's memory may be wrong (memory risk), and the witness's perception was inaccurate (perception risk). [8]
In law, ignorantia juris non excusat (Latin for "ignorance of the law excuses not"), [1] or ignorantia legis neminem excusat ("ignorance of law excuses no one"), [2] 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.
Assignment [a] is a legal term used in the context of the laws of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee. [1] An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee.
Legality checks for if certain behaviour is according to law or not. concept of Legitimacy of law looks for fairness or acceptability of fairness of process of implementation of law. The quality of being legal and observance to the law may pertain to lawfulness, i.e. being consistent to the law or it may get discussed in principle of legality ...
Although carry may be legal under State law in accordance with reciprocity agreements, the Federal Gun Free School Zones Act subjects an out-of-state permit holder to federal felony prosecution if they carry a firearm within 1000 feet of any K–12 school's property line; however, the enforcement of this statute is rare given several states ...