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Questions and Answers
What is the burden of proof required in civil proceedings?
What is the burden of proof required in civil proceedings?
What is the initial step in criminal proceedings?
What is the initial step in criminal proceedings?
In the context of tort claims, what effect does contributory negligence have?
In the context of tort claims, what effect does contributory negligence have?
What happens during the hearing phase of civil proceedings?
What happens during the hearing phase of civil proceedings?
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What is the presumption about the accused in criminal proceedings?
What is the presumption about the accused in criminal proceedings?
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What is a private wrong primarily associated with?
What is a private wrong primarily associated with?
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According to Neil MacCormick, what should the understanding of wrongs take into account?
According to Neil MacCormick, what should the understanding of wrongs take into account?
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What is a common example of a public wrong?
What is a common example of a public wrong?
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According to the Natural Law theory, what capacity do individuals possess?
According to the Natural Law theory, what capacity do individuals possess?
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In the context of law, what is the primary purpose of defining wrongs?
In the context of law, what is the primary purpose of defining wrongs?
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What does a breach of trust typically represent?
What does a breach of trust typically represent?
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Legal systems are designed to do what concerning societal wrongs?
Legal systems are designed to do what concerning societal wrongs?
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Which of the following best describes a 'wrong' as defined by law?
Which of the following best describes a 'wrong' as defined by law?
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What is the fundamental principle of criminal law known as 'Actus non facit reum nisi mens sit rea' intended to convey?
What is the fundamental principle of criminal law known as 'Actus non facit reum nisi mens sit rea' intended to convey?
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Which of the following best describes a crime?
Which of the following best describes a crime?
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What does the maxim 'Ubi jus ibi remedium' imply?
What does the maxim 'Ubi jus ibi remedium' imply?
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What does the principle of proportionality in criminal law state?
What does the principle of proportionality in criminal law state?
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Which of the following best defines negligence?
Which of the following best defines negligence?
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Which of the following is NOT a stage of a crime?
Which of the following is NOT a stage of a crime?
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Which scenario illustrates an intentional tort?
Which scenario illustrates an intentional tort?
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What are the three primary aims of criminal law as stated?
What are the three primary aims of criminal law as stated?
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How does civil law differ from criminal law?
How does civil law differ from criminal law?
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What distinguishes strict liability from negligence?
What distinguishes strict liability from negligence?
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What are damages in the context of civil law?
What are damages in the context of civil law?
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Which theory of punishment focuses on preventing future crimes?
Which theory of punishment focuses on preventing future crimes?
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According to Andrew Ashworth, what should criminal law be?
According to Andrew Ashworth, what should criminal law be?
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Which statement is true regarding vicarious liability?
Which statement is true regarding vicarious liability?
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What is an example of liquidated damages?
What is an example of liquidated damages?
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How can a store owner be found liable for an accident involving a customer?
How can a store owner be found liable for an accident involving a customer?
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Study Notes
Wrongs: A Legal Perspective
- A wrong is an act or omission that violates law, morals, or societal conscience.
- Natural Law Theory suggests individuals can discern right from wrong.
- Wrongs can be considered unnatural, unjust, unfair, or against societal morals.
- Law criminalizes actions deemed wrong, often involving a violation of legal rights.
- Law aims to establish and protect rights by defining wrongs and implementing preventative or corrective measures.
Wrongs: Public and Private
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Private wrongs involve the violation of private rights or breach of duty towards an individual.
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Examples include torts, breach of contract, and breach of trust.
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These wrongs result in individual injury which may warrant civil redress or compensation.
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Public wrongs involve violations of public rights, affecting the entire community.
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These are considered crimes.
The Concept of Crime
- Actus non facit reum nisi mens sit rea: "The act is not culpable unless the mind is guilty." This signifies the requirement of both guilty intent and a guilty act to constitute a crime.
- A crime must be defined by law; an act is not criminal unless explicitly declared as such.
- Crimes are acts or omissions that violate the law and result in punishment upon conviction.
- Crimes are deemed harmful to the public and are therefore prohibited.
Stages of a Crime
- Intention: Planning or desire to commit a crime.
- Preparation: Taking steps towards carrying out the crime.
- Attempt: Making a direct effort to commit the crime, which fails.
- Accomplishment/Commission: Successfully carrying out the intended crime.
Theories of Punishment
- Deterrent Theory: Aims to discourage potential offenders by the threat of punishment.
- Retributive Theory: Emphasizes punishment as a deserved consequence for wrongdoing.
- Preventive Theory: Focuses on preventing future crimes by incapacitating the offender.
- Reformative Theory: Aims to rehabilitate offenders to become productive members of society.
- Expiatory Theory: Emphasizes the need for the offender to atone for their actions.
Ashworth's View on Criminal Law
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Criminal law serves to:
- Protect society by deterring harmful behavior.
- Provide justice by holding offenders accountable.
- Promote rehabilitation for those who commit crimes.
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Core principles of criminal law:
- Fair and reasonable application.
- Proportionality between the severity of the crime and the punishment.
- Clarity and understandability.
- Equality in application.
Civil Wrongs: A Distinct Legal Field
- Civil wrongs are distinct from crimes, focusing on individual rights and dispute resolution, rather than state punishment.
- Ubi jus ibi remedium: "Where there is a right, there is a remedy." This signifies the legal right to seek redress for a civil wrong.
Elements of Civil Law
- Liability: Legal responsibility for causing harm or damage.
- Negligence: Failure to exercise reasonable care, leading to injury or damage.
- Intentional Torts: Wrongful acts done intentionally to cause harm to another person.
- Strict Liability: Liability without proof of negligence or intent, often involving inherently dangerous activities.
- Damages: Monetary compensation awarded for loss or injury resulting from a wrongful act.
- Vicarious Liability: Holding an employer liable for the actions of an employee performed within the scope of their employment.
- Defenses: Arguments used to counter a tort claim and potentially reduce or eliminate liability.
Difference Between Civil and Criminal Proceedings
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Civil Proceedings:*
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Focuses on resolving disputes between individuals or organizations.
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Aims to provide a legal remedy for a violated right, typically through damages or injunctions.
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Burden of proof is a "preponderance of evidence," meaning it's more probable than not that the plaintiff's claim is true.
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Criminal Proceedings:*
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Focuses on punishing individuals for crimes against society.
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The state prosecutes the accused.
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Burden of proof is "beyond a reasonable doubt," meaning the evidence must be strong enough to convince a jury that the defendant is guilty without any reasonable doubt.
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Description
Explore the concepts of wrongs from a legal standpoint, including private versus public wrongs, and the foundations of crime. This quiz delves into natural law theory, criminal law, and the implications of wrongful acts in society. Test your understanding of legal principles related to rights and societal morals.