LAW

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KembaraXtra – Legal Terms – Nervous Shock
Nervous shock is an older legal term referring to psychiatric injury caused by a traumatic event.
Modern law more commonly uses the expression psychiatric injury to describe recognized mental harm resulting from negligence or other wrongful acts.
A claimant may recover damages if the psychiatric condition was caused by shock arising from witnessing or experiencing a distressing incident.
Courts usually require proof that the injury amounts to a medically recognized psychiatric illness rather than ordinary grief or emotional upset.
The law surrounding nervous shock developed mainly through negligence cases involving accidents, disasters, or sudden traumatic experiences.

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KembaraXtra – Legal Terms – Neonaticide


Neonaticide refers to the killing of a newborn baby within the first twenty-four hours after birth.


The term is commonly used in medical, criminal, and psychological discussions relating to infant deaths shortly after delivery.


Cases of neonaticide are often examined in connection with mental health issues, concealment of pregnancy, or severe emotional distress experienced by the mother.


The concept is closely related to the legal offence of infanticide, although the two are not identical.


Courts may consider medical and psychiatric evidence carefully when dealing with such cases because of the sensitive circumstances involved.
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KembaraXtra – Legal Terms – Nemo Tenetur Seipsum Accusare
The phrase nemo tenetur seipsum accusare means “no one is bound to incriminate himself.”
The maxim reflects the legal principle that individuals should not be forced to provide evidence against themselves in criminal proceedings.
It forms the basis of the privilege against self-incrimination, an important safeguard in criminal justice systems.
This protection supports the right to remain silent and helps ensure fairness during investigations and trials.
The principle also reinforces the idea that the prosecution bears the burden of proving guilt.

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KembaraXtra – Legal Terms – Nemo Judex in Causa Sua
The maxim nemo judex in causa sua means “no one should be a judge in his own cause.”
It is a fundamental principle of natural justice designed to ensure fairness and impartiality in decision-making.
The rule prevents judges, tribunals, or decision-makers from hearing cases in which they have a personal, financial, or other relevant interest.
Any decision affected by bias or apparent bias may be declared invalid by the courts.
This principle helps maintain public confidence in the fairness and integrity of legal and administrative proceedings.

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KembaraXtra – Legal Terms – Nemo Est Heres Viventis
The phrase nemo est heres viventis means “no one is the heir of a living person.”
This legal maxim states that a person’s heir cannot be definitively identified until that person has died.
Before death, an expected heir may lose the inheritance because of death, disinheritance, or changes made by the owner of the property.
As a result, an heir apparent has no present legal or equitable interest in property that he merely expects to inherit in the future.
The principle emphasizes that inheritance rights arise only upon the actual death of the property owner.

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KembaraXtra – Legal Terms – Nemo Debet Bis Vexari
The maxim nemo debet bis vexari means that no person should be troubled or sued twice over the same matter after a final judgment has been given.
The rule reflects the principle that legal disputes should eventually come to an end.
It forms part of doctrines such as estoppel per rem judicatam and issue estoppel.
Once a competent court has finally determined a matter, the same parties are generally prevented from relitigating the same issues.
This principle promotes fairness, legal certainty, and efficiency in the administration of justice.

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KembaraXtra – Legal Terms – Nemo Dat Quod Non Habet
The phrase nemo dat quod non habet means “no one gives what he has not got.”
This rule states that a person who does not own property cannot transfer valid ownership of it to someone else.
For example, a thief generally cannot pass legal title to stolen goods to a buyer.
However, the law recognizes several exceptions, including sales by mercantile agents, statutory powers of sale, and situations involving estoppel.
The principle protects property owners while also balancing commercial certainty in transactions

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KembaraXtra – Legal Terms – Neighbour Principle
The neighbour principle is a legal rule developed in the landmark case of Donoghue v Stevenson.
It states that individuals must take reasonable care to avoid acts or omissions that could foreseeably harm their neighbours.
In this context, a neighbour means a person who is closely and directly affected by one’s actions and should reasonably be considered when acting.
The principle became the foundation for the modern law of negligence and the concept of duty of care.
It significantly expanded liability in tort law by recognizing obligations beyond contractual relationships.

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KembaraXtra – Legal Terms – Negotiation of a Bill
The negotiation of a bill refers to the transfer of a bill of exchange from one person to another so that the new holder gains legal rights over it.
A bill payable to bearer is transferred simply by delivery, while a bill payable to order requires endorsement together with delivery.
Once properly negotiated, the transferee becomes the lawful holder and may enforce payment under the bill.
The original issue of the bill to the payee does not itself count as negotiation.
This process is essential in commercial law because it allows negotiable instruments to circulate as substitutes for money.

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KembaraXtra – Legal Terms – Negotiation
In international law, negotiation refers to the diplomatic process through which states discuss issues of mutual concern in order to resolve disputes.
Negotiations may occur through direct meetings, diplomatic communication, or written correspondence between representatives of states.
The process is considered one of the most peaceful and common methods of settling international disagreements.
Negotiation allows parties to reach voluntary agreements without resorting to litigation, arbitration, or armed conflict.
Successful negotiation often depends on compromise, diplomacy, and mutual understanding between the states involved.

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