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Legal Jargons

July 28, 2011

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Word : Exparte Meaning: Word  exparte is derived from Latin word meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a diligent attempt to contact the other party's lawyer of the time and place of any ex parte hearing. Example: Only most exceptionally should the order be made ex parte. Pronunciation: ex-par-tay Word : Mens rea Meaning : Word mens rea  is derived from latin word which basically means  "guilty mind," or criminal intent in committing the act. In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, “actus non facit reum nisi mens sit rea”, which means "the act does not make a person guilty unless the mind be also guilty". Example: The mens rea for murder is intent to cause grievous bodily harm Pronunciation: mens-re-aa  
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