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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Amanda Prieto Bus 233-004LY Criminal Law Essay 10/14/11 Obligations and Rights As what I have read‚ the obligations and rights in reference to criminal law‚ every case is different. The most common cases when defending oneself against a criminal charge are “I didn’t do it” and “I did it but I shouldn’t be held responsible.” In one of the defenses of a criminal charge‚ there is one topic where people are innocent until proven guilty. It is an actual presumption where the judge and jury assume
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MCQs in Criminal Law Choose the best answer. 1. Sailor Kriseth is a merchant ship registered in Puerto Rico and owned by Seta Alcantara‚ a Filipino citizen. The Captain of the Ship is Captain Amerigo who is an American citizen. While passing through Laguna bay‚ the ship was searched by customs officials and they found 10 kilos of prohibited drugs. The owner and the captain of the ship were charged in the Regional Trial Court for possession of illegal drugs. Does the Philippine Courts have
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relating to the doctrine of recent complaint (S. 275)‚ sexual reputation is not allowed to challenge credibility (S. 277)‚ rape shield law (S. 276) S. 276 was challenged in Seaboyer and Gayme as being too narrow and exceptions were changed S. 265(4) introduced mistaken belief in consent Challenged in Osolin‚ found it was simply a codification of the common law mistake of fact. 1992 – Bill C-49 This was Parliaments response to Seaboyer and Gayme. (1) Replaced old S. 276 with new provisions
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ConSuLTATIon PAPeR Hearsay in Civil and Criminal Cases (LRC CP 60 – 2010) CONSULTATION PAPER HEARSAY IN CIVIL AND CRIMINAL CASES (LRC CP 60 - 2010) © COPYRIGHT Law Reform Commission FIRST PUBLISHED March 2010 ISSN 1393-3140 THE LAW REFORM COMMISSION‘S ROLE The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission‘s principal role is to keep the law under review and to make proposals for reform‚ in particular
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OF THE PROVISIONS OF THIS CODE Article 1. Time when Act takes effect. — This Code shall take effect on the first day of January‚ nineteen hundred and thirty-two. Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application‚ the provisions of this Code shall be enforced not only within the Philippine Archipelago‚ including its atmosphere‚ its interior waters and maritime zone‚ but also outside of its jurisdiction‚ against those who: 1. Should
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Civil law is primarily contrasted against common law‚ which is the legal system developed among Anglo-Saxon people‚ especially in England. The original difference is that‚ historically‚ common law was law developed by custom‚ beginning before there were any written laws and continuing to be applied by courts after there were written laws‚ too‚ whereas civil law developed out of the Roman law of Justinian’s Corpus Juris Civilis (Corpus Iuris Civilis). In later times‚ civil law became codified as
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Introduction and Overview The aim of this case is to present a contemporary criminal case. The case must have occurred in the last ten years. It must be an indictable offence‚ a more serious criminal charge where the defendant has the right to trial by jury and has been found guilty. The analysis of the case will be carried out through the extent which the law balances the rights of victims and offenders. The case which I have chosen is a major indictable offence of Murder and Manslaughter- starvation
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The two legal systems in question are the adversary system‚ most commonly practiced in the United States‚ and the civil law system‚ also referred to as the inquisitorial system‚ most commonly practiced in European countries. Both systems have the same goal; to find the truth. However‚ each system has a very different path to justice. The adversarial system implies that two parties assume opposite positions in debating the guilt or innocence of an individual. In this scenario‚ the judge is required
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and international law. To what extent can they be said to be similar or different? Introduction The world has witnessed the development of law since times immemorial in response to growing interaction among the individuals resulting in a need for a framework to regulate their interactions in the territories they live in. Similarly‚ ever since the interaction between the states has increased‚ the evolution of International Law has evolved accordingly side by side the National Law regulating the relations
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