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Questions and Answers
Questions and Answers
What are the three components of criminal liability?
What are the three components of criminal liability?
- Causation, Actus Reus, Motive
- Conduct, Intent, Verdict
- Actus Reus, Mens Rea, Defenses (correct)
- Omission, Intent, Justifications
An omission can sometimes be considered a crime if a person fails to act when they have a duty to do so.
An omission can sometimes be considered a crime if a person fails to act when they have a duty to do so.
True (A)
What is meant by the term 'mens rea'?
What is meant by the term 'mens rea'?
The mental state of the individual at the time of the crime.
In criminal law, the relationship between intent and motive is described as the _ of intent.
In criminal law, the relationship between intent and motive is described as the _ of intent.
Match the following terms with their descriptions:
Match the following terms with their descriptions:
Which of the following best describes 'intent' in criminal law?
Which of the following best describes 'intent' in criminal law?
Conspirators can never be held criminally liable for their actions.
Conspirators can never be held criminally liable for their actions.
What principle is highlighted by the quote 'An act does not make a man guilty of a crime, unless his mind is also guilty'?
What principle is highlighted by the quote 'An act does not make a man guilty of a crime, unless his mind is also guilty'?
What is the state called when an act is done without mind control?
What is the state called when an act is done without mind control?
An action resulting from reflex movements is considered voluntary conduct.
An action resulting from reflex movements is considered voluntary conduct.
What must be established regarding the cause of automatism for a defendant to be not guilty by reason of insanity?
What must be established regarding the cause of automatism for a defendant to be not guilty by reason of insanity?
An act done during a state of _____ is considered to be automatism.
An act done during a state of _____ is considered to be automatism.
Which of the following is NOT a condition that prevents an act from being considered voluntary?
Which of the following is NOT a condition that prevents an act from being considered voluntary?
Match the types of automatism with their descriptions:
Match the types of automatism with their descriptions:
In the case of automatism, any cause resulting in the action leads to a not guilty verdict.
In the case of automatism, any cause resulting in the action leads to a not guilty verdict.
If automatism arises from causes other than a disease of the mind, the defendant is simply _____ .
If automatism arises from causes other than a disease of the mind, the defendant is simply _____ .
Which of the following is NOT a circumstance where there is a duty to act?
Which of the following is NOT a circumstance where there is a duty to act?
Acts of omission can attract criminal liability under certain circumstances.
Acts of omission can attract criminal liability under certain circumstances.
What is meant by 'actus reus'?
What is meant by 'actus reus'?
Criminal liability for acts of omission is about __________ and __________.
Criminal liability for acts of omission is about __________ and __________.
Match the following types of duties with their descriptions:
Match the following types of duties with their descriptions:
Which of the following options correctly describes a scenario that may create a duty to act?
Which of the following options correctly describes a scenario that may create a duty to act?
An omission is only considered a crime if there is a specific legal obligation to act.
An omission is only considered a crime if there is a specific legal obligation to act.
What must the prosecution prove for an actus reus claim?
What must the prosecution prove for an actus reus claim?
The actus reus must be __________ and not performed unthinkingly.
The actus reus must be __________ and not performed unthinkingly.
Which of the following best describes 'situational crimes'?
Which of the following best describes 'situational crimes'?
What is the primary test for determining factual causation?
What is the primary test for determining factual causation?
Legal causation and factual causation are the same concepts.
Legal causation and factual causation are the same concepts.
What question should always be asked to determine legal causation?
What question should always be asked to determine legal causation?
The method to assess whether the harmful consequence would have occurred but for the defendant's actions is called the ______.
The method to assess whether the harmful consequence would have occurred but for the defendant's actions is called the ______.
Match the terms with their definitions:
Match the terms with their definitions:
Which of the following best defines 'proximate cause'?
Which of the following best defines 'proximate cause'?
If the defendant's actions did not contribute to the harm at all, they can still be regarded as its legal cause.
If the defendant's actions did not contribute to the harm at all, they can still be regarded as its legal cause.
What are the two types of causation discussed?
What are the two types of causation discussed?
What does 'Actus Reus' refer to in criminal law?
What does 'Actus Reus' refer to in criminal law?
Mens Rea refers to the physical actions involved in committing a crime.
Mens Rea refers to the physical actions involved in committing a crime.
What must be proven to establish 'Actus Reus' in a case?
What must be proven to establish 'Actus Reus' in a case?
The absence of an exculpatory defense is referred to as _______.
The absence of an exculpatory defense is referred to as _______.
Match the following components of criminal liability with their descriptions:
Match the following components of criminal liability with their descriptions:
Which of the following could be considered a type of Actus Reus?
Which of the following could be considered a type of Actus Reus?
Actus Reus includes both acts and omissions.
Actus Reus includes both acts and omissions.
What must the prosecution do if a defense is raised in a criminal case?
What must the prosecution do if a defense is raised in a criminal case?
The mental state or intent in criminal law is referred to as _______.
The mental state or intent in criminal law is referred to as _______.
What must be included in the definition of an offense for it to constitute Actus Reus?
What must be included in the definition of an offense for it to constitute Actus Reus?
Questions and Answers
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Flashcards
Flashcards
Act vs. Omission
Act vs. Omission
The question of whether an action or a lack of action constitutes a crime. It explores when failing to act is considered criminal liability.
Conduct vs. Intent
Conduct vs. Intent
Examines the relationship between the physical act and the mental state required for a crime. It questions what level of intent is necessary for criminal liability.
Primacy of Intent
Primacy of Intent
Focuses on the importance of mental state in criminal liability. It highlights the distinction between intent and motive, emphasizing that it is the intent that matters most.
Defences in Criminal Law
Defences in Criminal Law
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Actus Reus
Actus Reus
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Voluntary Actus Reus
Voluntary Actus Reus
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Causation in Actus Reus
Causation in Actus Reus
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Proof of Actus Reus
Proof of Actus Reus
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Mens Rea
Mens Rea
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No Defence
No Defence
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What is the purpose of Actus Reus?
What is the purpose of Actus Reus?
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What is the purpose of Mens Rea?
What is the purpose of Mens Rea?
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What is the importance of a 'No Defence'?
What is the importance of a 'No Defence'?
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What is the relationship between Actus Reus and Mens Rea?
What is the relationship between Actus Reus and Mens Rea?
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Give an example of a crime that requires both Actus Reus and Mens Rea?
Give an example of a crime that requires both Actus Reus and Mens Rea?
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How does the prosecution negate a defense?
How does the prosecution negate a defense?
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Why is proving causation necessary?
Why is proving causation necessary?
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Voluntary Conduct
Voluntary Conduct
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Automatism
Automatism
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Sane Automatism
Sane Automatism
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Insane Automatism
Insane Automatism
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Acts of Commission
Acts of Commission
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Acts of Omission
Acts of Omission
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States of Being
States of Being
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Criminal Liability for Omissions
Criminal Liability for Omissions
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Duty to Act
Duty to Act
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Causation
Causation
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Situational Crimes
Situational Crimes
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But For Test
But For Test
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Factual Causation
Factual Causation
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Proximate Cause
Proximate Cause
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Legal Causation
Legal Causation
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What is causation?
What is causation?
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What is the difference between factual & legal causation?
What is the difference between factual & legal causation?
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How do we prove causation?
How do we prove causation?
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What is the importance of causation in law?
What is the importance of causation in law?
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Flashcards
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Study Notes
Study Notes
Introduction
- Lecture I summary is covered
- Important themes in criminal law are highlighted
- Three components of criminal liability are discussed
Nature of an Actus Reus
- Actus Reus is defined
- Act/conduct requirement is described
- Acts of omission are explained
- Status offenses are explained
Satisfying Actus Reus: Proof
- The actus reus must be proven
- Important case law relating to the topic is presented
Satisfying Actus Reus: Voluntary Conduct
- The act must be voluntary
- Automatism is discussed
Causation
- How to determine causation is explained
- Factual causation is discussed
- Legal causation is discussed
- General principles of causation are presented
- Implications are addressed
Factual Causation
- The "but for" test is used to determine causation.
Legal Causation
- The proximate cause is identified
- A two-pronged test is applied for legal causation
Novus Actus Interveniens
- If, after the defendant acts, another act or event happens to cause the result, the defendant may not be held liable
General Principles of Causation
- The defendant's actions don't need to be the medical/scientific cause
- The defendant doesn't need to touch the victim
- The defendant must take the victim as they find them
- The defendant's act isn't the sole cause
- An intervening act will break the chain of causation
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