Criminal Law notes 1.Voluntary act: Status offences – no conduct is required but the crime is committed when a certain state of affair exists or the defendant is in a certain condition or is of a particular status. R v Larsonneur (1933) – Appellant was brought involuntarily back to the UK where she was charged on being an ‘alien’. LCJ Hewart claimed the ‘circumstances are perfectly immaterial’ Winzar v Chief constable of Kent (1983) – drunk on a public highway. LJ Robert Goff claimed ‘it is enough
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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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Attempt is defined as having the intent to commit a crime and taking a step beyond mere preparation toward the completion of the crime. There are several tests to determine if an attempt was actually committed. The Last Act This is under common law and rejected by almost all jurisdictions as of date. This test says that in order to complete an attempt the individual must have taken the last step necessary for the completion. EX. Firing the gun. Last Proximate Act In order to prove attempt
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Role and Functions of Law LAW/421 November 3‚ 2014 Charles Hughes Role and Functions of Law “Law plays a significant role in the successful operation of business and society” (Bushman‚ 2007). Laws create order and allow a government to instruct citizens on what is acceptable behavior. These laws‚ better known as public laws‚ provide a clear set of rules for citizens to follow. What is Law? According to Melvin‚ law is defined as “a body of rules of action or conduct prescribed by controlling
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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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The Functions and Role of Law in Business and Society Courtney Cunningham LAW 421 June 22‚ 2015 Professor Milton Luoma The function and Role of Law in Business and Society What is the meaning of law? If you were to look up the online meaning of law‚ most likely you will find this definition: “a body of rules of conduct of binding legal force and effect‚ prescribed‚ recognized‚ and enforced by controlling authority”(The Free Dictionary‚ 2013). Another way of looking at it is a group of rules of
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ACL REFERENCE MUST BE USED In Ferguson v Walkley (2008) 17 VR 647‚ Harper J said (at [1])‚ “The principles of democratic governance have had difficulty in accommodating laws designed to deal with offensive behaviour — with which I include offensive language.” Later in that same case‚ Harper J observed (at [5])‚ “According to Professors Bronitt and McSherry‚ “[c]riminalising offensive language or conduct has the potential to interfere with the freedom of expression‚ assembly and association protected
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Running head: Compare and Contrast Civil with Criminal injuries Compare and Contrast Civil with Criminal injuries Nora Kelgin October 19‚ 2013 Tort Actions A tort actions is a form of civil law‚ which are intentional tort‚ torts of negligence‚ and strict liability torts‚ the vast majority of legal issues in the United State involve this‚ such as divorce‚ child custody‚ child support‚ domestic dispute‚ consumer problems‚ defamation‚ and injuries due to a person
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Week 2 Mens Rea The defendant’s mental state. Mens 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
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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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