Actus - Law Dictionary Search Results
Home Dictionary Name: actusActus reus
Actus reus, means the wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability; a forbidden act i.e. the actus reus for theft is the taking of or unlawful control over property without the owner's consent. Also termed deed of crime; overt act, Black Law Dictionary, 7th Edn., p. 37.The phrase 'deed of crime' i.e. actus reus as so used does not indicate the crime itself but merely one of the ingredients of crime; and this ingredient may be present without any crime at all, just as hydrogen is one of the ingredients of water but may be present without water. The words 'deed of crime' are so suggesting of the crime itself, however, that perhaps the Latin phrase 'actus reus' is less likely to cause confusion. The actus reus is essential to crime but is not sufficient for this purpose without the necessary mens rea, just as mens rea is essential to crime but is sufficient without the necessary 'actus reus...
actus reus
actus reus [New Latin, guilty deed] : the wrongful act that makes up the physical action of a crime see also crime compare mens rea ...
Actus
Actus, a servitude of footway and horseway, Civil Law.Means an act or action, a thing done. Act of Parliament esp. one passed by both houses but not yet approved by the Monarch, Black Law Dictionary, 7th Edn., p. 37...
Actus curiae neminem gravabit.
Actus curiae neminem gravabit. Jenk. Cent. 119.--(An act of the Court will hurt no person) See Broom's Leg. Max., citing Cumber v. Wane, (1719) 1 Str. 126; 1 Smith L. C., in which it was held that if one party to an action die during a curia advisari vult, judgment maybe entered nunc pro tunc--a principle recently applied in Ecroyd v. Coulthard, (1897) 2 Ch 554: (1898) 2 Ch 358.No act of Court should harm a litigant and it is the bounden duty of Courts to see that if a person is harmed by a mistake of the Court he should be restored to the position he would have occupied but for that mistake, Jang Singh v. Brij Lal, (1964) 2 SCR 145, (para 16); See Also CIT v. B. N. Bhattacharjee, (1979) 4 SCC 121: AIR 1979 SC 1725; Raj Kumar Dey v. Taropado Dey, (1987) 4 SCC 398; AIR 1987 SC 2195, Nand Kishore Morwah v. Samundri Devi, (1987) 4 SCC 382: AIR 1987 SC 2284, Atama Ram Mital v. Ishwar Singh, (1988) 4 SCC 284: AIR 1988 SC 2031; Mithilesh Kumari v. Prem Behari Khare, (1989) 2 SCC 95: AIR 1989...
Actus Dei nemini nocet
Actus Dei nemini nocet [or. Facit injuriam].-(The act of God does injury to nobody.)-Lofft, 102; see Broom's Leg. Max. And see ACT OF GOD....
Actus Judiciarius coram non judice irritus habetur, de ministeriali autem a quocunque provenit ratum esto
Actus Judiciarius coram non judice irritus habetur, de ministeriali autem a quocunque provenit ratum esto [Lat.], A judicial act done in excess of authority is not binding; otherwise as to a ministerial act....
Actus legis nemini est damnosus
Actus legis nemini est damnosus [Lat.], An act in law shall prejudice no man....
Actus legis nemini facit injuriam
Actus legis nemini facit injuriam [Lat.], An act in law injures no man....
Actus non facit reum, nisi mens sit rea.
Actus non facit reum, nisi mens sit rea. 3 Inst. 307; Co. Litt. 247 b.--(An act does not make a man guilty, unless there be guilty intention.) This is one of the most important rules of criminal law. 'As a general rule of our law, a guilty mind is an essential ingredient of crime, and this rule ought to be borne in mind in construing all penal statutes', Broom's Leg. Max. Applied by 9 Judges to 5 in Reg. v. Tolson, (1889) 23 QBD 168, so as to acquit on trial for bigamy a woman reasonably believing her first husband (whom she had lost sight of for less than 7 years) to be dead; see the elaborate judgment of Stephen, J., pp. 184 et seq., who, however, described the maxim as most unfortunate and misleading. An intention to offend against the penal provisions of a statute constitutes mens rea (Bank of New South Wales v. Piper, 1897 AC 383).The trend of modern legislation in regard to the health or security of the public is to attach the offence to the person who possesses, at least hypothe...
Contractus est quasi actus contra a actum
Contractus est quasi actus contra a actum [Lat.], A contract is, as it were, act against act....
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