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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Study Guide Mesopotamia Hammurabi’s Code of Laws‚ this is the first known written law code Tigris and Euphrates rivers Mesopotamia means‚ “land between two rivers” Hebrews created monotheism and the Ten Commandments Social classes Men were the center of the family‚ women had few rights and were not allowed to attend school Invented the wheel‚ the plow‚ and bronze weapons. Also created measurements for time (60 sec) If you hurt someone in the same social class‚ then they can hurt you. (Eye
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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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Legal moralism is the view that the criminal law is basically allowed to enforce the moral law. In other words anything that is wrong can be a proper subject of criminal law. If something is wrong it can be criminalized. That’s a very broad view point but that is why legal moralists prefer this view point. Problems can arise when trying to be a legal moralist in a pluralistic kind of society. With the clash of different cultures and religions. Different kinds of groups will have different ideas
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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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In the courtroom for sentencing at the Downing Centre Local Court‚ It was a wide range of cases dealt with by the Magistrate that were the most impressive and surprising. The Magistrate sat on the top seat without juries and decided all questions of laws and facts. The Magistrate‚ even though so busy‚ treated a large number of documents given by clerks calmly as if finishing such many cases in a day‚ consisting of mainly minor crimes‚ was natural. At a glance‚ it was definite that the Magistrate
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Criminal Law is divided into two categories‚ Misdemeanors and Felonies. Criminal law or penal law is the body of law that relates to crime. It contrasts with Civil Law. Civil Law is the system of law concerned with private relations between members of a community rather than criminal‚ military‚ or religious affairs. It regulates social conduct and proscribes whatever is threatening‚ harmful‚ or otherwise endangering to the property‚ health‚ safety‚ and moral welfare of people. It includes the punishment
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In any given country‚ there are two branches of the lawful framework‚ for example‚ common law‚ and criminal law. In the first developments they didn’t separate in the middle of common and criminal law. In any case‚ In the United States today the level of the hugeness of a wrongdoing‚ named crime or an offense. In this creation I will be talking about the contrasts in the middle of criminal and common law and how they vary in results. The measure of wrongdoing contrasts between groups. Shockingly
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Page 1: Pinal and Maricopa Counties & Surrounding Areas‚ Criminal Law - http://www.lawofficetucsonaz.com/criminal_law.html If you’ve been charged with a crime in Tucson‚ AZ‚ you may want to know how you can minimize legal damage and avoid a criminal record. When you want to protect yourself and need legal representation‚ consider coming to the Law Office of Donielle Wright. I could analyze your criminal law case and help you understand your constitutional rights. Here to Defend You My goal is
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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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