Criminal law quiz

<p>Mens Rea. (C)</p> Signup and view all the answers

<p>Providing a breath test when required by law. (A)</p> Signup and view all the answers

<p>Familial Duty. (A)</p> Signup and view all the answers

<p>Voluntarily taking in a stray pet. (A)</p> Signup and view all the answers

<p>Ignoring a request for assistance from a stranger. (C)</p> Signup and view all the answers

<p>Unforeseeable and independent (D)</p> Signup and view all the answers

<p>The physical act or omission leading to a crime (D)</p> Signup and view all the answers

<p>The pollution was due to their failure to secure the tank (B)</p> Signup and view all the answers

<p>Innocence (B)</p> Signup and view all the answers

<p>Acts of Nature (D)</p> Signup and view all the answers

<p>It must be independent of D's actions (D)</p> Signup and view all the answers

<p>Demonstration of factual and legal causation (D)</p> Signup and view all the answers

<p>A high standard of proof implying certainty (D)</p> Signup and view all the answers

<p>D's actions must lead directly to the result (C)</p> Signup and view all the answers

<p>Subjectivity in determining foreseeability (B)</p> Signup and view all the answers

<p>A driver speeding to reach an important meeting (C)</p> Signup and view all the answers

<p>If the harm would have occurred without the defendant's actions (D)</p> Signup and view all the answers

<p>The connection between a defendant's actions and the outcome (D)</p> Signup and view all the answers

<p>A caregiver failing to feed a dependent child (B)</p> Signup and view all the answers

<p>Intent to plead (B)</p> Signup and view all the answers

<p>Voluntariness (A)</p> Signup and view all the answers

<p>R v Michael (B)</p> Signup and view all the answers

<p>The treatment must be 'palpably wrong'. (D)</p> Signup and view all the answers

<p>Severity of initial injury (B)</p> Signup and view all the answers

<p>R v Smith (A)</p> Signup and view all the answers

<p>Immediate reaction to a threat (D)</p> Signup and view all the answers

<p>Actions must be clearly misguided. (B)</p> Signup and view all the answers

<p>The use of a human shield. (A)</p> Signup and view all the answers

<p>Be significant and unforeseeable (A)</p> Signup and view all the answers

<p>D injures V, and V is later struck by lightning (B)</p> Signup and view all the answers

<p>Foreseeability of V's reaction (B)</p> Signup and view all the answers

<p>The infection was foreseeable with severe injury (C)</p> Signup and view all the answers

<p>A high tide occurring during a full moon (B)</p> Signup and view all the answers

<p>The voluntariness of V's response (C)</p> Signup and view all the answers

<p>If the event was foreseeable (A)</p> Signup and view all the answers

<p>V's actions were deemed voluntary and foreseeable (D)</p> Signup and view all the answers

<p>Having a fleeting awareness of a risk and disregarding it. (C)</p> Signup and view all the answers

<p>If the defendant's conduct was deemed dishonest by reasonable people. (B)</p> Signup and view all the answers

<p>Determining the defendant’s actual knowledge or belief about the facts. (A)</p> Signup and view all the answers

<p>It allowed defendants with skewed moral views to evade liability. (B)</p> Signup and view all the answers

<p>Assessing whether a medical professional can claim fees for unperformed procedures. (A)</p> Signup and view all the answers

<p>Both an objective assessment and a subjective realization from the defendant. (C)</p> Signup and view all the answers

<p>He believed he was entitled to the money he claimed. (C)</p> Signup and view all the answers

The physical act or omission that forms the basis of a crime.

The mental state or intent required for a crime. It's about the guilty mind.

A deliberate and conscious decision to cause a specific outcome.

Awareness of a risk and choosing to take that risk anyway.

Failing to act with the care a reasonable person would in the same situation.

The "but for" test: would the harm have occurred if the defendant hadn't acted?

The defendant's action must be a significant cause of the harm, even if other factors were involved.

The standard of proof in criminal cases. The prosecution must convince the court there's no reasonable doubt the defendant is guilty.

Legal responsibility for failing to act when there's a duty to do so.

The prosecution must prove the defendant's actions meet the Actus Reus (physical act) and Mens Rea (guilty mind) elements of the crime.

To cast doubt on the Actus Reus, Mens Rea, or causation, or to argue for valid defenses, such as self-defense.

The Actus Reus includes the defendant's conduct, the circumstances surrounding the act, and the result of the act, if applicable.

The Actus Reus (action) and Mens Rea (intent) must coincide for criminal liability. The defendant's wrongful conduct must be coupled with a guilty mind.

Liability arises from statutory duties, contractual duties, familial duties, assumption of responsibility, and certain special relationships.

A legal requirement to act, often enforced by a specific law, like providing a breathalyzer test to a police officer.

An obligation to act based on a contract, like a lifeguard's duty to rescue swimmers.

A new, independent act that breaks the chain of causation between the defendant's actions and the result, potentially absolving them from liability.

An event that can reasonably be anticipated in a given situation, even if it's not certain to happen.

An intervening act that is not triggered or caused by the defendant's actions, but occurs independently.

The unbroken connection between the defendant's actions and the final result, showing how their conduct led to the outcome.

To determine if the act breaks the chain of causation, we consider if it was foreseeable and independent.

Acts performed by someone other than the defendant or victim that can significantly impact the chain of causation.

Acts performed by the victim in response to the defendant's actions, which might influence legal responsibility.

The company was held liable because they failed to adequately secure their diesel tank, making third-party tampering a foreseeable risk.

When an event happens after the defendant's actions, making them not responsible for the outcome.

An event that happens after the defendant's actions that no reasonable person could have predicted.

An event that's major enough to be the real cause of the outcome, not just a minor detail.

The defendant themselves causes a new event after their initial actions, potentially changing the outcome.

Natural events like earthquakes or floods that happen after the defendant's actions.

When a natural event is something that could reasonably be expected, it won't break the chain.

When a natural event is rare and unpredictable, it can absolve the defendant from responsibility.

The victim's reaction to the defendant's actions can either break or continue the chain of responsibility.

A two-part test used to determine if a defendant's conduct was dishonest. It involves assessing whether the conduct was objectively dishonest and if the defendant subjectively believed their actions were dishonest.

This part of the test examines if the defendant's actions were dishonest by the standards of reasonable and honest people.

This part considers if the defendant realized that reasonable people would view their actions as dishonest, regardless of their personal beliefs.

The Ghosh test was criticized for being confusing and allowing defendants to escape liability by claiming ignorance of societal norms, even if their actions were morally wrong.

This landmark case replaced the Ghosh test for dishonesty with a single, objective test.

The new test asks: 1. What were the defendant's actual beliefs about the facts? 2. Were the defendant's actions dishonest by the standards of ordinary decent people?

A technique used in gambling where a player subtly identifies and exploits variations in the patterns on playing cards to gain an advantage.

Mr. Ivey claimed he did not believe he was cheating, arguing that he was simply using his skill and knowledge to gain an advantage.