Mukesh Kumar has Published 2035 Articles

Difference Between Division of Powers and Separation of Powers

Mukesh Kumar

Mukesh Kumar

Updated on 10-Oct-2023 11:58:49

707 Views

The concepts of division of powers and separation of powers are essential constituents of modern democracies. These two concepts have dominated the political theories for centuries and have played an influential role in the distribution of political powers in states. Furthermore, though both the ideas seem similar to each other, ... Read More

Defamation Law of USA

Mukesh Kumar

Mukesh Kumar

Updated on 10-Oct-2023 11:57:02

60 Views

The defamation laws in the United States extend back to a case in 1734 that declared "The Truth" to be a complete defense against libel. Libel cases were not decided using the First Amendment, which was created to safeguard press freedom, creating disparate libel rules between states. Following the 1964 ... Read More

Obiter Dictum: Meaning and Definition

Mukesh Kumar

Mukesh Kumar

Updated on 06-Oct-2023 12:59:54

178 Views

From the Latin for "something said in passing". A judge's declaration, recommendation, or observation in a ruling that is not necessary to resolve the case and is hence not legally binding in other courts but may be used as evidence in the future. Also known as judicial dicta, dictum, and ... Read More

Nunc Pro Tunc: Definition and Meaning

Mukesh Kumar

Mukesh Kumar

Updated on 06-Oct-2023 12:58:46

59 Views

Nunc Pro Tunc is a principle rule of judicial administration which is used across times to administer justice in its entirety to parties in a court of law. It’s a legal phrase which refers to an order of court which directs that its earlier ruling would be applied retroactively. Hence, ... Read More

Nullum Crimen Sine Lege: Meaning and Definition

Mukesh Kumar

Mukesh Kumar

Updated on 06-Oct-2023 12:57:51

225 Views

This Latin maxim directly translates to ‘no crimes without law.’ Englishmen, according to Dicey, are subject to the law and the law alone. An Englishman may face punishment for breaking the law, but he cannot face punishment for any other offence. This is supported by the fact that the accused ... Read More

Natural Justice: Definition and Meaning

Mukesh Kumar

Mukesh Kumar

Updated on 06-Oct-2023 12:55:50

87 Views

The idea of Natural Justice is as old as human existence. The underlying principles behind the theory of Natural Justice is to ensure fairness and equality in all sorts of human affairs, especially those matters which result in affecting the life, liberty and rights of individuals. Further, there are two ... Read More

Mandamus: Meaning and Definition

Mukesh Kumar

Mukesh Kumar

Updated on 06-Oct-2023 12:54:03

59 Views

The term "mandamus" means "command" in its literal sense. Mandamus is a prerogative remedy used to compel public authorities of all stripes to carry out their duty. A court of competent jurisdiction may issue an extraordinary writ to compel the performance of an act by a public official, an administrative ... Read More

Malum Prohibitum: Definition and Meaning

Mukesh Kumar

Mukesh Kumar

Updated on 06-Oct-2023 12:53:09

75 Views

When viewed alongside crimes governed by English common law and blatant transgressions of social norms, which are described as malum in se, the Latin term malum in se, which means "wrong due to being prohibited, " refers to crimes made such by statute. In addition to "white collar crimes" like ... Read More

Mala Fide: Definition & Meaning

Mukesh Kumar

Mukesh Kumar

Updated on 06-Oct-2023 12:51:44

145 Views

Mala fide is Latin for "in bad faith." A person intentionally tries to cheat or deceive you; this is known as performing a mala fide activity. Mala fide is the reverse of bona fide, which means "in good faith". Mala fide actions go against the objective for which they are ... Read More

Sociology of Law: Definition and Meaning

Mukesh Kumar

Mukesh Kumar

Updated on 28-Jun-2023 17:14:15

6K+ Views

The works of sociologists and jurists at the turn of the 20th century can be used to trace the origins of the sociology of law. Max Weber and Emil Durkheim both conducted social studies that examined the connection between the law and society. The foundation of modern legal sociology is ... Read More

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