Specific Consequences

Judicial processes and bodies must themselves be in compliance with their enabling legislation and rules. Rules of procedure applicable to the judiciary are as significant as the specific consequences for noncom-pliance by a party. In some jurisdictions, the right to be heard and the right to a fair hearing in judicial processes are enshrined in the constitution. Compliance, in such cases, requires procedural and substantive compliance.

Frequently, compliance involves acquiescence in particular circumstances. Where a party is within the rules, acquiescence would preserve compliance. Similarly, if one were not within the rules, the same disposition would mean noncompliance. In this sense, acquiescence as inertia may mean either compliance, or its lack.

Intent may or may not be relevant to a consideration of compliance. Statutory rules can provide for a determination of compliance regardless of intent, or may require intent. For example, intent in operating a vehicle at speeds higher than permitted by law is usually irrelevant to a determination of compliance to the legal speed limit. On the other hand, intent to cause injury will typically escalate the gravity of an offense and will be relevant to compliance with a principle of not causing injury.

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