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Questions and Answers
What does Lord Devlin argue is an essential part of societal bond?
What does Lord Devlin argue is an essential part of societal bond?
According to Lord Simonds, the law should only focus on safety and order, not moral welfare.
According to Lord Simonds, the law should only focus on safety and order, not moral welfare.
False (B)
What is defined by Feinberg as a ‘set-back interest’?
What is defined by Feinberg as a ‘set-back interest’?
Harm
The law must prevent harm to others based on the ______ principle proposed by Feinberg.
The law must prevent harm to others based on the ______ principle proposed by Feinberg.
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Match the following principles with their definitions:
Match the following principles with their definitions:
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Which statement best describes the purpose of the law as it relates to morals according to Lord Devlin?
Which statement best describes the purpose of the law as it relates to morals according to Lord Devlin?
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Harm to others is considered a justification for law according to Feinberg.
Harm to others is considered a justification for law according to Feinberg.
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The concept that individuals should not be held liable for a more serious outcome than intended is part of the ______ principle.
The concept that individuals should not be held liable for a more serious outcome than intended is part of the ______ principle.
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What is a key characteristic of an inciter?
What is a key characteristic of an inciter?
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To be charged for an attempt, the person must complete the act they intended.
To be charged for an attempt, the person must complete the act they intended.
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What is the essential requirement for mens rea in inciting a crime?
What is the essential requirement for mens rea in inciting a crime?
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Attempt is covered under section _____ of the Penal code.
Attempt is covered under section _____ of the Penal code.
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Match the following cases with their relevant legal concepts:
Match the following cases with their relevant legal concepts:
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Which statement is true regarding accomplice liability for attempts?
Which statement is true regarding accomplice liability for attempts?
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Mens rea alone is sufficient for proving an attempt.
Mens rea alone is sufficient for proving an attempt.
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An attempt is defined as starting to put one's intention into execution through some _____ act.
An attempt is defined as starting to put one's intention into execution through some _____ act.
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What factor can break the chain of causation in medical interventions?
What factor can break the chain of causation in medical interventions?
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Doctors are absolutely protected from criminal responsibility regardless of the treatment provided.
Doctors are absolutely protected from criminal responsibility regardless of the treatment provided.
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In the case of Jordan (1956), what caused the death of the victim?
In the case of Jordan (1956), what caused the death of the victim?
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In Williams v R, the court determined that death from normal treatment for a felonious injury may be regarded as caused by the ______.
In Williams v R, the court determined that death from normal treatment for a felonious injury may be regarded as caused by the ______.
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Match the following case names with their outcomes:
Match the following case names with their outcomes:
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What was considered grossly negligent in the case of Jordan?
What was considered grossly negligent in the case of Jordan?
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Medical officers are held responsible if death arises from normal treatment for a felonious injury.
Medical officers are held responsible if death arises from normal treatment for a felonious injury.
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What significant change regarding the medical profession's liability occurred after the case of Jordan?
What significant change regarding the medical profession's liability occurred after the case of Jordan?
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What did the court hold in Hatibu bin Rashid and another v The queen regarding the accused's guilt?
What did the court hold in Hatibu bin Rashid and another v The queen regarding the accused's guilt?
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Ignorance of law is generally accepted as a valid defense in criminal cases.
Ignorance of law is generally accepted as a valid defense in criminal cases.
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In what case was the appellant found dead under a bed in a hotel room?
In what case was the appellant found dead under a bed in a hotel room?
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According to Section 7 of the Penal Code, ignorance of law does not afford any excuse for an act unless knowledge of the law is expressly declared to be an element of the __________.
According to Section 7 of the Penal Code, ignorance of law does not afford any excuse for an act unless knowledge of the law is expressly declared to be an element of the __________.
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Match the following legal principles with their descriptions:
Match the following legal principles with their descriptions:
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What evidence was pivotal in Ndunguri V R for the appellant's conviction?
What evidence was pivotal in Ndunguri V R for the appellant's conviction?
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The court in the case of Ernest Asami Bwire Abanga ruled in favor of the appellant's appeal against conviction.
The court in the case of Ernest Asami Bwire Abanga ruled in favor of the appellant's appeal against conviction.
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What must the accused prove in a case involving recent possession of stolen property?
What must the accused prove in a case involving recent possession of stolen property?
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What principle does Justice Slate discuss concerning company liability?
What principle does Justice Slate discuss concerning company liability?
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The principle of vicarious liability applies uniformly across all areas of law.
The principle of vicarious liability applies uniformly across all areas of law.
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What are the two categories of presumptions discussed?
What are the two categories of presumptions discussed?
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Presumptions arise mainly as matters of __________.
Presumptions arise mainly as matters of __________.
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According to Hewart CJ, what would defeat the scheme of legislation?
According to Hewart CJ, what would defeat the scheme of legislation?
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The court must assume the existence of certain facts once a fact is proven.
The court must assume the existence of certain facts once a fact is proven.
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What is the relationship between a crime and the actions of a person's servants according to recent jurisprudence?
What is the relationship between a crime and the actions of a person's servants according to recent jurisprudence?
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Match the terms with their definitions:
Match the terms with their definitions:
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What must an accused person suffering from insane delusions prove?
What must an accused person suffering from insane delusions prove?
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The burden of proving insanity initially lies with the prosecution.
The burden of proving insanity initially lies with the prosecution.
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In the case of Rex v Gerevazi s/o Lutabingwa, what delusion was the accused suffering from?
In the case of Rex v Gerevazi s/o Lutabingwa, what delusion was the accused suffering from?
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Finding guilty but insane leads to detention during the pleasure of the _____ .
Finding guilty but insane leads to detention during the pleasure of the _____ .
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Which of the following conditions is considered in the context of insanity delusions?
Which of the following conditions is considered in the context of insanity delusions?
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Insanity as a defense is covered under the Penal Code.
Insanity as a defense is covered under the Penal Code.
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Match the following conditions with their descriptions:
Match the following conditions with their descriptions:
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What is the standard of proof required for an accused to prove insanity?
What is the standard of proof required for an accused to prove insanity?
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Study Notes
Introduction- Lecture 2
- A crime is an act or omission prohibited and punished by law
- A crime has a harmful effect on the public
- The state is custodian of public security and order
- Distinguishing criminal law from civil law is important
- Criminal law is concerned with duties owed to society as a whole
- Civil law is concerned with providing redress for legal wrongs on an interpersonal level
- Criminal sanctions include fines or imprisonment
- A civil action is brought by the party who sustains the loss (the claimant)
- The remedy is usually damages for any loss suffered.
The Purpose(s) and Conditions of Criminal Liability
- Jeremy Bentham believed that laws should maximise pleasure and minimize pain to achieve the greatest good for the greatest number
- Laws should respect the dignity of rational beings and treat them as ends, not means to an end
- Criminalization protects fundamental rights and autonomy
- Morality: individuals/societies may be wronged by immoral conduct, which can be punishable
- If an act is immoral, should it be illegal?
- Harm should be prevented: law should only criminalize acts that cause substantial harm, not minimal harm.
Question: Whose morals apply?
- The criminal law prohibits behavior that represents a serious wrong against an individual or a fundamental social value
- The function of the law is to preserve public order and decency, protect from offense and exploitation
- Lord Devlin argued for a public morality that is crucial for society and can be used in criminal law to preserve it
- Harm is an identifiable factor that should be considered as a criteria for criminalization
- People act on their autonomy as agents; this must be taken into account when judging liability
- The question of whose morals apply is relevant when considering the moral component of law
Rationale for studying criminal law
- Important to understand how laws are made and enforced
- Understanding the criminal justice system aids the prevention of crime
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Description
Test your understanding of key legal principles related to morality and societal bonds as discussed by Lord Devlin and other scholars. This quiz covers significant ideas such as the harm principle, mens rea requirements, and relevant legal concepts through matching and definition questions.
