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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Litonjua v. L&R Corporation December 9‚ 1999 Facts: Litonjua obtained loans from L&R Corporation secured by a mortgage. Without knowledge of L&R‚ Litonjua sold to PWHAS the parcels of land they had previously mortgaged to L & R Corporation. When Litonjua defaulted in the payment of their loans‚ L & R Corporation initiated extrajudicial foreclosure proceedings and L & R Corporation was the only bidder. When L & R Corporation presented its corresponding Certificate of Sale for registration‚ it
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LAW 209 FINAL EXAM MAY 18‚ 2012. PROF. URIEL INSTRUCTIONS: THIS EXAM IS DUE TO ME NO LATER THAN 11:59 PM ON MAY 22‚ 2012. THE EXAM IS OPEN BOOK‚ BUT YOU MAY NOT COLLABORATE WITH ANY OTHER STUDENT. THE CHAPTERS TESTED ARE SEVEN THROUGH 13. YOU ARE REMINDED TO INCLUDE ANY EXTRA CREDIT AT THE END OF THE EXAM. WRITE YOUR ANSWERS AS A SEPARATE DOCUMENT AND EMAIL THEM TO ME AT JURIEL@JJAY.CUNY.EDU QUESTION 1: Albert has long wanted to smoke Cuban and Nicaraguan cigars. Believing that it is illegal
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THABO MELI v R Fact of the case : The defendants had taken their intended victim to a hut and plied him with drink so that he became intoxicated. They then hit the victim around the head‚ intending to kill him. In fact the defendants only succeeded in knocking him unconscious‚ but believing the victim to be dead‚ they threw his body over a cliff. The victim survived but died of exposure some time later. The defendants were convicted of murder‚ and appealed to the Privy Council on the ground that
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This essay affirms that it is possible to draw a distinction; albeit not a clear one. A distinction is important in order to avoid overlooking omissions‚ which can form a basis for criminal liability; and in the doctrine of actus novus interveniens. A clear distinction is seen in the definitions of an act and omission. When the actus reus‚ and mens rea of a crime exists – an act is an action that have caused harm to a person‚ or damage to property‚ while an omission is where an action that
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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 A Criminal Law Introduction p: 2 Role of Criminal Law p: 4 Elements of a Crime p: 4 Strict and Absolute liability p: 5 Negligence Murder p: 6 Murder – different statutory approaches p: 6-8 Elements of murder p: 8 Pre-existing susceptibility Voluntary Manslaughter p: 9-10 Provocation (and abnormality of mind‚ excessive self defence) Involuntary Manslaughter p: 11-12 Unlawful
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LAW DEPARTMENT A2 Criminal Law Study Pack 2010 / 2011 Name CONTENTS PAGE 1. Homicide - Murder 3 2. Voluntary Manslaughter 8 3. Involuntary Manslaughter 20 4. Defences: Insanity 29 5. Automatism 32 6. Intoxication 35 7. Self-defence 37 8. Consent 42 9. Critical evaluation of murder and voluntary manslaughter 47 10. Critical
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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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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 element in the crime of murder’ (1988) 104 LQR 30. A. Norrie‚ ‘Oblique intention and legal politics’ [1989] Crim LR 793. R. Duff
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