"Civil law and criminal law" Essays and Research Papers

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    MCQs in Criminal Law Choose the best answer. 1. Sailor Kriseth is a merchant ship registered in Puerto Rico and owned by Seta Alcantara‚ a Filipino citizen. The Captain of the Ship is Captain Amerigo who is an American citizen. While passing through Laguna bay‚ the ship was searched by customs officials and they found 10 kilos of prohibited drugs. The owner and the captain of the ship were charged in the Regional Trial Court for possession of illegal drugs. Does the Philippine Courts have

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    Civil and Common law countriesContents TOC \o "1-3" \h \z \u Introduction PAGEREF _Toc383004748 \h 4Historical development of Civil law PAGEREF _Toc383004749 \h 4The source of Civil law PAGEREF _Toc383004750 \h 5The historical development of Common law PAGEREF _Toc383004751 \h 6The source of Common law PAGEREF _Toc383004752 \h 7The main differences between Civil law and Common law PAGEREF _Toc383004753 \h 7Conclusion PAGEREF _Toc383004754 \h 8Reference List PAGEREF _Toc383004755 \h 9 Discuss the

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    lecture note on civil law

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    OF THE PROVISIONS OF THIS CODE   Article 1. Time when Act takes effect. — This Code shall take effect on the first day of January‚ nineteen hundred and thirty-two. Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application‚ the provisions of this Code shall be enforced not only within the Philippine Archipelago‚ including its atmosphere‚ its interior waters and maritime zone‚ but also outside of its jurisdiction‚ against those who: 1. Should

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    Introduction and Overview The aim of this case is to present a contemporary criminal case. The case must have occurred in the last ten years. It must be an indictable offence‚ a more serious criminal charge where the defendant has the right to trial by jury and has been found guilty. The analysis of the case will be carried out through the extent which the law balances the rights of victims and offenders. The case which I have chosen is a major indictable offence of Murder and Manslaughter- starvation

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    Digested Cases in Criminal Law

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    2000 CASE DIGESTS C R I M I N A L L A W SUMMARY OF DOCTRINES JUSTIFYING CIRCUMSTANCES Self-Defense The invocation of self-defense is an admission of the killing and its authorship. By this admission‚ the burden of proof shifts to the accused who must establish all elements of the justifying circumstance. The nature and number of wounds inflicted disprove the plea of self-defense because they demonstrate determined effort to kill and not just defend himself. (People v. Magayac

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    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 element in the crime of murder’ (1988) 104 LQR 30. A. Norrie‚ ‘Oblique intention and legal politics’ [1989] Crim LR 793. R. Duff‚ ‘The politics of

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    Complete Criminal Law Notes

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    Criminal Law 2 Homicide 1. Murder a. Actus i. Act or omission must have caused the death (s 18(1)(a) CA) b. Mens i. No punishment shall be incurred by person who kills by misfortune only (s 18(2)(b)) ii. Intention to kill or inflict GBH(s 18(1)(a)) 1. Requirement that D has actual awareness of consequences of actions (Aiton) 2. Subjective test: Conscious purpose‚ decision not desire (Hyam) 3. Foresight of certainty (Woollin) 4. Knowledge of chance of consequences fulfils malice requirement

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    Criminal Law Study Guide

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    relating to the doctrine of recent complaint (S. 275)‚ sexual reputation is not allowed to challenge credibility (S. 277)‚ rape shield law (S. 276) S. 276 was challenged in Seaboyer and Gayme as being too narrow and exceptions were changed S. 265(4) introduced mistaken belief in consent Challenged in Osolin‚ found it was simply a codification of the common law mistake of fact. 1992 – Bill C-49 This was Parliaments response to Seaboyer and Gayme. (1) Replaced old S. 276 with new provisions

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    Adversary vs. Civil Law

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    The two legal systems in question are the adversary system‚ most commonly practiced in the United States‚ and the civil law system‚ also referred to as the inquisitorial system‚ most commonly practiced in European countries. Both systems have the same goal; to find the truth. However‚ each system has a very different path to justice. The adversarial system implies that two parties assume opposite positions in debating the guilt or innocence of an individual. In this scenario‚ the judge is required

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    Legal Systems of the World: Differences between Common LawCivil Law‚ Customary Law & Theocratic Law Globalization is the shift toward a more interdependent and integrated global economy‚ fueled by declining trade and investment barriers and new technologies‚ such as the internet‚ which creates greater opportunities for international business. International business encompasses a full range of companies‚ from a large multinational firm with thousands of employees doing businesses in many

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