English law is made up primarily of Civil and Criminal Law. Civil Law is concerned with the the Laws of Tort and Contract. Civil law can be defined as that area of law which is concerned with private disputes that occur between individuals or between individuals and organisations and where a proceedings in court is initiated by the aforementioned. In contrast‚ criminal law seeks to punish those that has done wrongs against the community. For example‚ a person who decides to take the life of someone
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The defences of insanity‚ substantial impairment by abnormality of mind and automatism play a vital role in avoiding criminal liability. Principally‚ the defences reflect the idea that intellectually challenged individuals should not be penalised but rather treated of their mental impairment. However the outcomes of each defence have also been criticised as ‘anomalous and arbitrary’ due to conflicting legal and medical definitions. Consequently‚ support for the abolishment of these defences has
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Criminal Law‚ 26/04/11‚ Dr.Filletti Theft No definition of the offence of theft; Carrara gives us a definition which has been taken up by our courts‚ “The malicious taking of an object belonging to others without the owner’s consent with the intent to make gain.” This is the definition which our court uses‚ our law simply creates one distinction for these offences. The law creates two types of theft: Simple Theft and Aggravated Theft. Simple Theft: First element is “contrectazio” this is the taking
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1 The aims and values of ‘criminal justice’ Let no-one be in any doubt‚ the rules of the game are changing. (Former Prime Minister Tony Blair‚ 5 August 2005). Key issues: • The structure of the criminal justice system • Blurring civil and criminal boundaries: ASBOs and similar • Proving guilt and innocence: burden and standard of proof • Adversarial and inquisitorial approaches • Recent trends in crime and criminal justice • Packer’s ‘due process’ and ‘crime control’ models • The human
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------------------------------------------------- Assault From Wikipedia‚ the free encyclopedia This article is about the criminal act. For tortious aspects of assault‚ see Assault (tort). For other uses‚ see Assault (disambiguation). Criminal law | Part of the common law series | Element (criminal law) | * Actus reus * Mens rea * Causation * Concurrence | Scope of criminal liability | * Complicity * Corporate * Vicarious | Seriousness of offense | * Felony * Misdemeanor
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Natural Law can be traced back into the Ancient Greek and Roman worlds. In Sophocles’ play ’Antigone’‚ Natural Law is very apparent throughout and the writings of the Greek Philosopher; Aristotle. In his works - ’Nicomachean Ethics’ - he wrote; "The natural is that which is everywhere‚ is equally valid‚ and depends not upon being or not being received...that which is natural is unchangeable‚ and has the same power everywhere.’ The Ancient Stoics emphasised the importance of Logos‚ or rationality
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LAWS AND MORALS DO THEY INTERTWINE? Before going ahead to give my opinion on what Bidemi asserted Bisi about what laws and morals are‚ what are laws and morals? L.B Curzon explained laws as generally regarded as a body of rules and regulations to order human behavior and relationships which are enforced by an authorized system and which are accepted by the political society which it affects. Morals on the other hand as defined in the Encarta dictionary are principles on the standard of human
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CASE DOCTRINES AND ADDITIONAL NOTES CRIMINAL LAW II (Culled from Florenz Regalado’s Conspectus and Ortega’s Notes) Article 114. TREASON ➢ “The details of the testimony on the acts testified by witnesses need not be identical” (People vs. Abad) ➢ “The two-witness rule is not required to prove adherence to the enemy” (People vs. Alitagtag) ➢ “Treason absorbs crimes committed in the furtherance thereof” (People vs. Villanueva) ➢ “Righteous Action‚ as when the collaborator also
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from which the principle of the categorical imperative is derived. This categorical imperative is the supreme moral law‚ and according to Kant‚ it is absolute. For example‚ a maxim like “I must not lie” might be extrapolated into the imperative “Do not lie” according to Kant’s formulation. However‚ the concept of absolute moral law faces a problem in a case in which multiple moral laws run counter to each other. The famous “murderer at the door” problem is an example of this situation. A murderer
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Must we only obey a just law; should we obey a law because it is just to do so; or else can we not obey at all?’ ESSAY The questions that shall be answered in this essay are Must we only obey a just law?’‚ Should we obey a law because it is just to do so?’ and Or else‚ can we not obey at all?’ Before we can answer these questions it is important to establish what is meant by the term just’. Just’ in this case means morally just’‚ I think‚ but differences of opinion exist as to its meaning
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