corporate liability. Elements of Crime When proving that the defendant is guilty‚ there are two elements of law which are Actus Rea and Mens Rea. Actus Rea (a/r) Actus Rea is the physical element of a crime which is basically what the defendant has done and not done. Actus Rea can be: Voluntary act A failure to act A state of affairs An act (Voluntary Act) The act must be voluntary part of the defendant. For the defendant to execute the
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Issues in Education Securing O.R. ’s future through undergraduate research By Susan E. Martonosi Course scheduling‚ vaccine stockpiling and mass prophylaxis‚ malaria prevention in Africa. What do these topics have in common? These were the research topics presented by six undergraduates during the Undergraduate Research Showcase at the recent INFORMS annual Meeting in Washington‚ D.C. The showcase‚ sponsored by INFORM-ED‚ highlighted the impressive modeling and analysis done by some of our
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approaches: neo-realism and neo-liberalism’ in J. Baylis‚ S. Smith and P. Owens‚ The globalization of world politics. Oxford: Oxford University Press‚ pp. 126-37. Mingst‚ K. (1999) Essentials of International Relations. London: Norton & Company Ltd. Reus-Smit‚ C. and Snidal‚ D. (2010) The Oxford Handbook of International relations. Oxford: Oxford University Press. Waltz‚ K. N. (1979) Theory of International Politics. London: McGraw-Hill. Waltz‚ K. N. (2000) ‘Globalization and American Power’‚ The National
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However‚ in some circumstances it will also be necessary to consider Legal causation. Under legal causation the result must be caused by a culpable act. There is no requirement that the act of the defendant was the only cause‚ there must be no Novus Actus Interviens (new intervening act) and the defendant must take his victim as he finds him. Factual causation is established by applying the ‘but for’ test. This asks‚ keepin aside D’s conduct‚ would the consequences have come about? If YES‚ the result
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10. A misdemeanor is always over one year in prison a. True b. False 11. A felony is always less than one year in prison a. True b. False 12. What is mens rea: guilty mind 13. What is Actus Rea: guilty act 14. What is concurrence: both guilty mind and act 15. In the Defense of Justification‚ one agrees they committed the act a. true b. False 16
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intent and causation. Intent is when a individual has sufficient mens rea ( mental state) to commit a crime with a aim or purpose. Intent is the state of ones mind at the time then followed by action. Causation is an implicit element of a crimes actus rea ( an action). Difference is causation is only applicable where a result has been achieved. e. How does the Model Penal Code different from common law requiring the mens rea requirement? The penal code uses four types of culpability purposely
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circumstances. In other words‚ these are a form of defence for people who due to certain inability are deemed incapable of having committed the crime with both guilty mind and an overt act that accompanies the thought into action‚ as in the famous maxim; “Actus non facit reum nisi mens sit rea” This project further‚ specifically deals with Sec.84‚ Sec.85 and Sec. 86. These three sections provide defences for crimes committed under the influence of alcohol‚ i.e. intoxication and unsoundness of mind. These
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International and global security John Baylis 226 Contents 14 International political economy in an age of globalization 242 Ngaire Woods 15 Gender in world politics 262 J. Ann Tickner 16 International law 278 Christian Reus-Smit 17 International regimes 296 Richard Little 18 The United Nations 312 Paul Taylor and Devon Curtis 19 Transnational actors and international organizations in global politics 330 Peter Willetts Part Four International issues
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care □ Breach of Duty □ Res ipsa loquitur □ Causation □ Damage must not be too remote ← General Defences P.29~34 □ Contributory negligence □ Exemption clauses □ Volenti non fit injuria □ Novus Actus Interveniens Company Law Lecture 6 – Company Law: commercial organization and constitution ← Registered company P.24 ← Legal Nature of Limited Companies P.25 ← Legal Personality P.26 ← Essential documentation for Incorporation P.44~46
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BURDEN OF PROOF CASES R v. Oakes (SCC 1986) * Narcotics Control Act s. 8 puts persuasive burden on A by saying A ‘shall’ (as opposed to ‘may’‚ so judge has no discretion) be convicted of intent to traffic if he doesn’t ‘establish’ that he didn’t intend to traffic * Therefore R has a lesser burden of proof‚ just needs to prove that A was in possession‚ and R could get charge for possession AND trafficking * this puts defence in position where they’ll have to put A on the stand‚
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