Rea and Actus Reus are necessary for a crime; apart from in strict liability crimes when mens rea is not necessary. Different crimes have different mens rea. Example: murder requires intention to cause death or GBH. Sometimes an offence will have different mens rea for different aspects of the crime. Example: rape needs intention to commit sexual intercourse but only needs recklessness as to whether the victim is consenting. Intention The most blameworthy state of mind – worse to
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COMMON LAW V CIVIL LAW COMMON LAW(characteristics)for comparing or contrast purpose Common law systems are mostly found in former british colony and protectorate including US‚ it is less prescriptive than civil law system‚citizens are benefited by enactment and legislation in specific fields.more often are the implied terms usage. 1)represents the law of courts as expressed in judicial decision 2)based on precedents provided by past judicial decisions‚no written statues or prescribed texts
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Criminal Law: Why We Need It Jayme Cole JUS201 Criminal Law March 16‚ 2013 Many may wonder what is criminal law and how and why was it put in place? There have been criminals since back in biblical times and thus the start of criminal law. During this time‚ laws where molded from the “eye for an eye” standard and thus becoming a set of established laws. This was not literal to
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GSB748 – Legal Studies Student # 220070594 1. The Case of Tommy v Spud 1.1 Advice to Tommy 1.1.1 Duty of Care In this case‚ the “neighbour principle” of Lord Atkin and the test of proximity of relationship of the High Court is applicable (Turner 2011:738). The parties have a special relationship based on physical proximity and causal proximity: Donogue v Stevenson [1932] AC 562 and Jaensch v Coffey (1984) 155 CLR 549. The loss or damage was “reasonable foreseeable”. This is substantiated by
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Crime is a worldwide issue that people try to fight and find ways to prevent. Even though police and prisons do exist‚ crime continues to happen every day and every minute of the day world wide. Crime is in existence from the beginning of humanity. Individuals around the world may have various definitions of crime and may consider different actions as crime. However‚ overall‚ crime is a violation of law; a breach of rules or laws. From the time Adam and Eve were around till today’s time‚ crime
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reaction to the “harshness of the common law or lack of developments in common law”. Furthermore‚ the common law system went unchanged for centuries and was a system were petitions were presented to the King for his grace in some complaint where “the usual royal answer was let him sue in common law”. In addition‚ complainants often complained about officials in respect of misconduct and unfairness. During the 14th century petitioning to the King was so common that some complaints had to be referred
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Writing T3 Stereotypes in Society: How do stereotypes affect a person’s opportunities in society? Have you ever been a victim or perpetrator of a stereotype? “In social psychology‚ a stereotype is a thought that can be adopted about specific types of individuals or certain ways of doing things.at most times stereotypes are not true” (Psychological Review). Yet‚ in this society there are many people being discriminated because of stereotypes everyday. Stereotypes affect the society by limiting their job
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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 being the cause of the act‚ inasmuch as
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Law and Society : Chapter One Notes We live in a world governed by law. No matter what we do‚ the legal system and its laws are part of everyday life. Our legal system strives to represent principles Canadians believe in and each generation influences the legal system by changing existing laws or bring in new ones. In 1982‚ for example‚ the Government of Canada enacted the Charter of Rights and Freedoms that guarantees certain rights to all Canadians‚ regardless of their age‚ race‚ ethnicity
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Shapley | Civil Law v. Criminal Law | Introduction to Criminal Law | Joanna Solis 3/2/2012 | Only a few people actually know “the law”. Others think that the criminal justice system is a body that only has one set of rules and laws and all act the same. Not to mention that because of television they think that every case is tried at criminal court with a judge and a panel of jurors. However that is not the case because there’s two specifically types of law‚ civil and criminal law. Though both
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