"Actus reus" Essays and Research Papers

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    CLEARLY CIRCLE THE LETTER WHICH INDICATES THE BEST ANSWER FOR THE PROBLEM. 1. In a negligence case‚ the plaintiff must establish: d a. duty‚ strict liability‚ causation‚ and injury. b. mens rea‚ breach‚ foreseeable harm‚ and injury. c. duty‚ actus reus‚ foreseeable harm‚ and causation. d. duty of due care‚ breach‚ causation‚ foreseeable harm‚ and injury. 2. The elements in a defamation case are: a a. defamatory statement; falseness; communication; and injury. b. a contract; knowledge of

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    INTRO TO SUBSTANTIVE CRIMINAL LAW 1) Crime: “Conduct which‚ if duly shown to have taken place‚ will incur a formal and solemn pronouncement of the condemnation of the community” ; “Any social harm defined and made punishable by law” 2) Burden of Proof: “Proof beyond a reasonable doubt = proof of such a convincing character that ToF would be willing to rely and act upon it without hesitation in the most important of their own affairs.” * Burden of Production: Prosecution has the burden

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    CH7 Crime-business community: Elements of crime(criminal law)1 actus reus(guilty act) wrongful behavior. 2 mens rea(guilty mind)wrongful state of mind. When liability is assessed without guilty mind it is liability without fault or strict liability ex. unknowingly selling alcohol to minor. Criminal burden of proof –guilty beyond reasonable doubt civil b.o.p-a preponderance of the evidence(more likely than not). Classification of crimes:1 felony serious crimes punishable by imprisonment for over one

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    Intoxication

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    General Defences in Criminal Law - Insanity Intoxication can be either voluntary or involuntary. In general‚ where the intoxication os voluntary‚ a person should not be excused from their actions. This is because that person is responsible for being in the state of intoxication that impairs their judgement. Intoxication‚ however‚ can be used to show that the defendant could not form he necessary mens rea for the offence with which he has been charged. In that sense‚ it can provide a defence.

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    Besides showing that the person committed the unlawful act (Actus reus)‚ a mental component must too be satisfied. The mental component is referred to as the mens rea‚ meaning “intention to do wrong”. This intention must be established for most findings of criminal responsibility. The importance of mens rea is obvious

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    * What is criminology? A social science studying crime and related phenomenon such as law making‚ criminal behavior‚ victimization and punishment Discipline of criminology is a recent development Most ideas and concepts we now have about crime and criminals emerged over last 2 or 3 centuries Modern criminology is multi-disciplinary (inter-disciplinary) Influenced by sociology‚ psychology‚ and biology The fascination with crime Crime is popular topic for newspapers‚ TV shows ‚ books and movies

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    to chemical addiction. When talking about crime‚ we must have an understanding what the word crime actually means. Crime is a harmful act that is committed to one or more individuals. To be classified as a crime‚ the act of doing something bad (actus reus) must be usually accompanied by the intention to do something bad (mens read)‚ with certain exceptions (strict liability). For example‚ if you go to someone and beat him or her up‚ you intended to do physical harm‚ and therefore you have committed

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    MALICE AFORETHOUGHT (INTENTION)[pic] READING: Dine and Gobert‚ Cases and Materials‚ pp.234-235 AND 124-134. Read in full the following cases: R v Moloney [1985] 1 AC 905 House of Lords‚ R V Hancock and Shankland [1986] 1 AC 455 House of Lords‚ R v Nedrick [1986] 3 All ER 1 Court of Appeal*‚ R v Woollin [1997] Cr App R 97‚ Court of Appeal‚ Woollin [1998]3 W.L.R. 382 ‚ House of Lords.* Law Commission‚ Draft Criminal Code Bill. G. Williams‚ ‘Oblique Intention’ [1987] CLJ 417. Lord Goff‚ ‘The Mental

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    5. International Law Criminal Liability * actus reus--The criminal act * mens rea--The guilty mind Example: Theft * A person commits theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it’ * Elements of Offence: * dishonesty * appropriation * property * belonging to another * the intention of permanently depriving * actus reus: appropriation of property belonging to another *

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    Sefan Cini Task 1 – Legal Studies 20/11/12 Sefan Cini Task 1 – Legal Studies 20/11/12 Legal Report Hearing Date: 26 March 2010Judgment Date: 4th June 2010The Parties Involved:The CrownKathleen Worrall (Offender) | Judgment Of:Fullerton JThe Counsel:P Barrett (Crown)J Stratton SC (Offender) | Legal citation R v Worrall [2010] NSW SC 593 Legal Report Hearing Date: 26 March 2010Judgment Date: 4th June 2010The Parties Involved:The

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