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Questions and Answers
What is Actus Reus referred to as?
What is Actus Reus referred to as?
- Guilty mind
- Negligent behavior
- Criminal intent
- Guilty act (correct)
To establish an offense, it is sufficient to prove that a guilty act occurred, regardless of the defendant's mental state.
To establish an offense, it is sufficient to prove that a guilty act occurred, regardless of the defendant's mental state.
False (B)
In criminal law, what is the term for the mental state of the defendant when committing a crime?
In criminal law, what is the term for the mental state of the defendant when committing a crime?
Mens rea
The principle that a defendant must have a guilty state of mind is known as ______.
The principle that a defendant must have a guilty state of mind is known as ______.
Match the legal term with its correct definition:
Match the legal term with its correct definition:
Which of the following elements must be present for an individual to be found liable for an offense?
Which of the following elements must be present for an individual to be found liable for an offense?
If a defendant's actions accidentally lead to harm, they can always be found guilty of an offense.
If a defendant's actions accidentally lead to harm, they can always be found guilty of an offense.
In criminal law, what term describes the connection between the defendant's actions and the resulting harm?
In criminal law, what term describes the connection between the defendant's actions and the resulting harm?
For causation to be established, the defendant's actions must be both the factual and ______ cause of the harm.
For causation to be established, the defendant's actions must be both the factual and ______ cause of the harm.
Match the category of mens rea with its description:
Match the category of mens rea with its description:
Which of the following describes a situation where intent is NOT required to establish guilt?
Which of the following describes a situation where intent is NOT required to establish guilt?
Drunkenness can be used as a valid excuse to negate criminal liability.
Drunkenness can be used as a valid excuse to negate criminal liability.
Besides intent, what other state of mind can sometimes satisfy the 'mens rea' requirement?
Besides intent, what other state of mind can sometimes satisfy the 'mens rea' requirement?
Parental neglect of a child's basic needs, such as nutrition or medical care, may lead to criminal liability based on ______.
Parental neglect of a child's basic needs, such as nutrition or medical care, may lead to criminal liability based on ______.
Relate the following potential defenses with their legal implications:
Relate the following potential defenses with their legal implications:
What is the primary duty of care a driver owes to its passenger?
What is the primary duty of care a driver owes to its passenger?
If a contractor does not place warning signs near a construction site, they will still be viewed as blameless if no accident occurs.
If a contractor does not place warning signs near a construction site, they will still be viewed as blameless if no accident occurs.
In the context of professional care (doctors), what principle relates to getting a patient's approval before commencing a treatment?
In the context of professional care (doctors), what principle relates to getting a patient's approval before commencing a treatment?
When an act occurs where you did not mean to do something, but an accident occurred, this could be called a ______ liability offense
When an act occurs where you did not mean to do something, but an accident occurred, this could be called a ______ liability offense
Match the term with its associated definition.
Match the term with its associated definition.
Which act demonstrates an omission?
Which act demonstrates an omission?
Criminal liabilities can exist without a guilty state of mind.
Criminal liabilities can exist without a guilty state of mind.
When trying to mitigate a sentece, which factor must often occur?
When trying to mitigate a sentece, which factor must often occur?
Parental neglect is often connected to the ______ of duty.
Parental neglect is often connected to the ______ of duty.
Match the following actions that create danger with taking responsible steps to remove that danger.:
Match the following actions that create danger with taking responsible steps to remove that danger.:
Which law provides that a contractor use safety precautions to protect passing people?
Which law provides that a contractor use safety precautions to protect passing people?
Medical treatment in ordinary circumstances, the doctors are only required to act in in order to provide their patients with proper medical treatment if all parties agree
Medical treatment in ordinary circumstances, the doctors are only required to act in in order to provide their patients with proper medical treatment if all parties agree
Besides intent, which case must always be reviewed?
Besides intent, which case must always be reviewed?
A guilty ____ shows that somebody must have intended to do something.
A guilty ____ shows that somebody must have intended to do something.
Match the proper description with the legal term:
Match the proper description with the legal term:
Which of the following is NOT legally required for a party to be considered actionably negligent?
Which of the following is NOT legally required for a party to be considered actionably negligent?
A person can be charged criminally for negligence if they are grossly negligent or reckless in their behavior, causing harm to another person.
A person can be charged criminally for negligence if they are grossly negligent or reckless in their behavior, causing harm to another person.
Define what is 'mens rea'.
Define what is 'mens rea'.
If someone were to leave a child unattended at home, which act may they be at fault?
If someone were to leave a child unattended at home, which act may they be at fault?
Match the actions from each part so that they correlate:
Match the actions from each part so that they correlate:
What is the purpose of imposing a duty on parents and caregivers to care for children?
What is the purpose of imposing a duty on parents and caregivers to care for children?
One can intentionally do an action that is very likely to cause harm, and still claim no liability.
One can intentionally do an action that is very likely to cause harm, and still claim no liability.
How does Section seven of the Criminal Code act characterize a principal offender in a crime?
How does Section seven of the Criminal Code act characterize a principal offender in a crime?
Acts that happen from an extraordinary offense will also require the defendant to have a ______ ______
Acts that happen from an extraordinary offense will also require the defendant to have a ______ ______
Match the offense and the term:
Match the offense and the term:
Which of the following is a vital component when attempting to assess the criminal liability of an individual?
Which of the following is a vital component when attempting to assess the criminal liability of an individual?
Under strict liability, a person can be found guilty of an offense even without a guilty mind (mens rea).
Under strict liability, a person can be found guilty of an offense even without a guilty mind (mens rea).
What is the legal term for the 'guilty act' or the physical element of a crime that must be proven beyond a reasonable doubt?
What is the legal term for the 'guilty act' or the physical element of a crime that must be proven beyond a reasonable doubt?
For an individual to be found liable for an offense, there generally must be a guilty conduct or guilty act, a guilty state of _____________, and no valid defense.
For an individual to be found liable for an offense, there generally must be a guilty conduct or guilty act, a guilty state of _____________, and no valid defense.
Match the following terms with their descriptions:
Match the following terms with their descriptions:
In criminal law, what does 'mens rea' generally refer to?
In criminal law, what does 'mens rea' generally refer to?
Legal causation requires only that the defendant's actions were a factual cause of the harm, not necessarily the proximate cause.
Legal causation requires only that the defendant's actions were a factual cause of the harm, not necessarily the proximate cause.
What is the term for a failure to act when there is a legal duty to do so, potentially leading to criminal liability?
What is the term for a failure to act when there is a legal duty to do so, potentially leading to criminal liability?
The principle of __________ requires that there be a link between the defendant's actions and the resulting harm, establishing that the harm would not have occurred 'but for' the defendant's conduct.
The principle of __________ requires that there be a link between the defendant's actions and the resulting harm, establishing that the harm would not have occurred 'but for' the defendant's conduct.
Which of the following scenarios best illustrates the concept of 'duty of care' in criminal law?
Which of the following scenarios best illustrates the concept of 'duty of care' in criminal law?
Flashcards
Actus Reus
Actus Reus
Actus Reus refers to the guilty act or conduct of the defendant.
Mens Rea
Mens Rea
Mens Rea refers to the guilty state of mind of the defendant.
Establishing an Offense
Establishing an Offense
Establishing an offense requires confirming that an offense was committed.
Legal Causation
Legal Causation
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Guilty Mind and Action
Guilty Mind and Action
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Actions Corresponding with Mind
Actions Corresponding with Mind
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Guilty Mind Requirement
Guilty Mind Requirement
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Strict Liability
Strict Liability
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Causation
Causation
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Defendant Blameworthiness
Defendant Blameworthiness
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Criminal Negligence
Criminal Negligence
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Study Notes
Criminal Law Lecture
- Mens rea and actus reus are very important principles in criminal law, as is establishing that an offense was committed.
- The "guilty act" (actus reus) is a vital component when attempting to assess the criminal liability of an individual.
- The actus reus of an offense can be found in statute or common law but can also be negated.
Key Factors for Individual Offense Liability
- There must be a guilty conduct or guilty act, also known as actus reus.
- The defendant must have a guilty state of mind (mens rea).
- There must be no valid defense
- The guilty mind and action are determining factors; without both nothing can be established.
- Actus reus and mens rea must be present for an individual to be found liable for any offense.
- A guilty mind must show intent to do something.
Cause and Effect
- A result is required; something must happen.
- If someone's actions do not correspond with their mind, they cannot be found guilty.
- Causation falls into factual and legal categories.
- Both factual and legal causation must be satisfied.
Duty of Care
- Duty of care arises out of danger of one's own making, where a person creates a dangerous situation with an obligation to take reasonable steps to remove the danger
- A person may create a dangerous situation, which replaces the obligation to take responsible steps to remove that danger
- "Section seven of the criminal Correct" and cases like Beckley are important to know
- By someone's conduct, they can be caught under section 67 of the criminal code.
- Someone must be guilty of mine, and there must not be any valid defense for an offense to have been committed.
- There are circumstances where a duty to act is imposed and where omission satisfies the actus reus of an offense.
- Section Eight of the Law imposes a duty on parents and caregivers to protect a child from: discrimination, violence, abuse, neglect, and exploitation.
Legal concepts
- Act Omissionis: Action is money actually to an act.
- "EC Israel": Can be loosely be translated as guilty Act.
- Mens rea: Important principles in criminal law which includes actress race
Important
- Section 30 of the criminal code
- Sections 474, 424 and 302 of the criminal court
- "Read the case of stating the money, recent case,"
- "State against normalio, 2020"
- "State against omoinyl, one, 8p, and DLR 184"
Medical Treatment
- Doctors are required to act to provide patients with proper medical treatment, unless:
- A patient with a required level of capacity specifically refuses treatment.
- In limited circumstance, the court will allow doctors to remove medical treatment where it is considered to be in a patient's best interest.
- People in medicine must ask questions of the patient or the patient's family before undertaking medical procedure
Mens Rea
- The concept of mens rea was developed when judges began to realize that an act alone can not create criminal liability unless accompanied with the defendant's guilty state of mind.
- It can be loosely translated as "a guilt your mind"
- There are four broad areas
- Intention
- Deliberate
- Reckless
- Negligent
Intentional Torts
- Intention is very clear.
- One must have an intention to do something. Also carry out the intention through actions.
- Specific intent refers to offenses where intention is necessary to satisfy mens rea.
Strict Liability
- Strict liability does not require a guilty mind/mental state (mens rea.)
Omissions Liability:
- Negligence and recklessness can change broad areas of menstrual even though strictly mens rea, the intention is not there but there's carelessness and negligence. You can still be caught under that
- Criminal negligence involving the control of a vehicle and still continuously punching and passenger leading to a dangerous action
- A traffic act provides contractors doing maintenance should place a yellow cone or reflect near the drain as a hole during maintenance work, and the Contractor has a duty to use a warning sign.
- If someone creates a high and dangerous environment:
- if the accused has a British duty of care which involved taking reasonable care and precaution to avoid danger to the life and safety of the passenger. Then they had has breach this duty of care
- If a collision is not intentional. strict liability is still applicable
- Direct causation and commission permission happens when someone has a duty, then fails when doing something in order to cause someone to have a dangerous situation
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Description
Explanation of the principles of mens rea and actus reus in criminal law. Discusses the importance of establishing both a guilty act and a guilty state of mind for individual offense liability.