The law presumes coercion in certain cases—by a husband over his wife. Intentions denominate the action, and especially so in criminal cases. (See next Max. and Nos. 116 and 285.)
* 9. Actus non facit reum, nisi mens sit rea. The act itself does not make a man guilty, unless his intention be so.
There must be a vicious will or criminal intention as well as an unlawful act. (See Maxs. Nos. 8, 116 and 285.) Where one engaged in doing a lawful act, without any wrongful intention, unfortunately and inadvertently kills another person, the homicide is excusable.
10. Ad questiones facti non respondent judices; ad questiones legis non respondent juratores. Judges do not decide questions of fact; the jury do not decide questions of law.
This applies to trials by jury, and where the issue turns rather upon facts than legal construction, such method of trial is usually, but not necessarily, followed.
* 11. Aequitas factum habet quod fieri oportuit. Equity looks upon that as done which ought to have been done.
The doctrine of satisfaction well illustrates this principle of law. (See Max. No. 74.) Where a person is under an obligation to perform an act, equity looks on it as done, and allows the same results to follow as if it were actually done. Thus, when one who has contracted to sell realty dies, the purchase money therefor forms part of his estate, and goes to his next of kin, if intestate, such realty being deemed in equity to be vested in the contractee. (See Fletcher v. Ashburner, 1 Wh. & Tu. 8th ed. p. 347.)
12. Aequitas nunquam contravenit leges. Equity never opposes the law.
To supplement, and not to contravene, is its object.
* 13. Aequitas sequitur legem. Equity follows the law. Equity cannot alter the law of the land, but follows it.