Explain the term “intention” as the mens rea of a crime using decided cases to support your explanation. The Latin word mens rea‚ when translated means ‘guilty mind’ is defined in the Black’s Law Dictionary as “the state of mind that the prosecution‚ to secure a conviction‚ must prove that a defendant had when committing a crime.” Intention is ‘the purpose or design with which an act is done. It is the foreknowledge of the act‚ coupled with the desire of it‚ such foreknowledge and desire
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than recklessly or negligently. Meaning of Intention House of Lords => intention is to be given its ordinary meaning. Judges should not elaborate or paraphrase what is meant by intention – avoid defining it; leave it to good sense of jury – common sense meaning of the word. What is ordinary meaning? Courts presume it is obvious….so don’t issue a definition…but widely accepted definition is: “A defendant intends a consequence if he acts with the aim or purpose of producing that consequence
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TASK 1 Explain the reference to legal principle and relevant case law‚ the legal aspect of placing the ‘Klick’ clock in the shop window with a price tag attached. Ann antiques has a rare ‘Klick’ clock on its shop with price tags of €1‚000 attached. In spite of its wording the sign in the window does not constitute a legal offer‚ it is merely an invitation to treat. Invitation to treat is an indication that the person who invite is willing to enter into a negotiation but it is not yet prepared
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International Law Assignment Q: You work for John Keating MP‚ who is due to give a talk at a Community Centre in his constituency. The talk has been necessitated by calls by another local MP‚ Bronwyn Bishop‚ demanding that the UK should concentrate on domestic issues and play a lesser role in international affairs. In a speech in the House of Commons‚ Ms Bishop h as supported her demand with the argument that international law is ineffective‚ and can hardly be described as law. Mr Keating
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Week 5 Individual Work Diane Emler Everest University Online CJL 3215-6 Concepts of Criminal Law William Elfo August 17‚ 2013 The Choice of Evil Defense is also called the General Defense of Necessity. This defense justifies an act that may be a crime but is done to prevent a greater evil. “the choice of evil’s defense consists of proving that the defendant made the right choice‚ the only choice—namely‚ the necessity of choosing now to do a lesser evil to avoid a greater evil” (Samaha‚ 2014). The
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presented Is Australia whale measure an international issue has respect to other countries? Do other countries have right to argue or complain to the world trade organization to intervention with Australia legal measure? Does GATT& SPS measures applicable? Short Answer Yes. Australia legal whale measure ban on whale products trade both internationally and domestically‚ imply trade obstacles of whale goods. As a public international trade law the members under WTO have right to minimize
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day in the supermarket owned by Safeway due to the wet and slippery floor. The store owed a duty of care. Modbury Triangle Shopping Centre v Anzilp.52 Criminals entered the shopping centre and assaulted Anzil. A shopping centre had no duty to control persons from inflicting harm upon others‚ particularly where the harm arises from a criminal act. Modbury was not liable in damages to Anzil. Club Italia v Richie p.52 A brawl happened in the club and one of the police officers‚ Richie got injured
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Midterm Criminal Law State v. Doug Homicide: The unlawful taking of the life of one human being by another. Actual Causation : The defendant’s act must have been the “cause in fact” of the victim’s death. Without the defendant’s actions‚ the victim would not have died. “But for” Doug shooting and killing Tom‚ he would not have died. Proximate Causation: A defendant’s actions are the proximate cause of the victim’s death if the result occurs as a consequence of the defendant’s
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Answer 1: Law chosen to govern a transactions is clearly state the legal consequences of their contractual activities for example the right‚ obligation‚ and remedies for involve parties‚ and they can choose the law of particular country or international law to govern their contract. International trade law (CISG) includes the appropriate rules and customs for handling trade between states and it forms part of domestic law if the involve parties are from the contracting state of CISG. With assistance
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DOES MORALITY BELONG IN THE FORMATION OF INTERNATION LAW? The discussion of whether or not morality belongs in international law has its’ roots in both the definition of morality as a concept‚ and the ability of an international body to legitimize the adjudication process based on premises of morality. The term ’moral’ has its’ roots in middle english according to the oxford dictionary: “from Latin moralis‚ from mos‚ mor- ’custom’‚ (plural) mores ’morals’. As a noun the word was first used to
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