To find out what the precise law is that applies to a selected set of facts, one has to locate precedential decisions on the topic, and cause from those choices by analogy. As utilized by non-attorneys in popular tradition, the term “common legislation” connotes legislation based mostly on ancient and unwritten universal customized of the folks. The “historical unwritten universal custom” view was the view among attorneys and judges from the earliest times to the mid-nineteenth century. But for one hundred years, nearly all of legal professionals and judges has recognized that the “historical unwritten universal custom” view does not accord with the facts of the origin and progress of the law, and it is not held within the legal occupation right now.
Second, the accused should have the requisite malicious intent to do a legal act, or mens rea (guilty thoughts). However, for therefore known as “strict legal responsibility” crimes, an actus reus is sufficient. Criminal systems of the civil regulation custom distinguish between intention within the broad sense (dolus directus and dolus eventualis), and negligence. Negligence doesn’t carry legal responsibility except a specific crime provides for its punishment. Significant to the practice of regulation within the common legislation … Read More