Principles of natural justice

Question 1

Nemo iudex in causa sua?

There is a saying which says…….?

Answer 1

No one is to judge his own cause.
Justice must not only be done but must be seen to be done.

Question 2

Audi alteram partem

Answer 2

Listen to both parties;
Both parties must be allowed to summon and/or present evidence.

Question 3

Ne bis in idem?

civil/criminal?

Answer 3

Double jeopardy;
Applies to criminal cases;
A person cannot be punished or trialled twice on the same cause

Question 4

Res judicata? and state the 3 principles to have it.

Answer 4

Final sentence; a matter judged.
3 principles to be followed iot have res judicata:
1. same identity of parties;
2. same identity of object;
3. same identity of cause or claim

Question 5

ultra vires?

liema partijiet tikkoncerna?

Answer 5

beyond the powers of;
concerns actions prohibited by statute!
- Applies BOTH to an ENTITY (going beyond its statute) and also to COURT if sentence given is beyond that stipulated in law!

Question 6

ultra petita?

liema partijijet tikkoncerna?

Answer 6

beyond of what is being requested; this applies WHEN A DECISION OR RULING BY COURT EXCEEDS THE SCOPE OF WHAT IS ASKED!

Question 7

Define ‘Presumption of innocence’

xi trid taghmel prosecution fir rigwardtal-provi?

Answer 7

INNOCENT until proven guilty!

Prosecution must prove the case beyond reasonable doubt.

If reasonable doubt remains - accused must me acquited!

Question 8

Rule of law

Answer 8

The law of a jurisdiction must be applied EQUALLY to EVERYONE present within that jurisdiction……regardless of their status or position.

Question 9

Separation of powers

Answer 9

LEGISLATIVE
EXECUTIVE
JUDICIARY

Question 10

f kawza min irid jipprova l akkuzi/evidenza?

Isem tal-principju bl-ingliz?

Answer 10

prosekuzzjoni
PRESUMPTION OF INNOCENCE

Question 11

kif iridu jingiebu l provi minn naha tal prosekuzzjoni?

Answer 11

provi iridu jkunu ‘WITHOUT REASONABLE DOUBT’