Quiz

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Which principle of criminal law states that every individual is innocent until proven guilty?

Criminal burden

Reverse onus

Presumed innocence (correct)

Civil burden

What determines whether an act is considered a criminal offence or a civil wrong?

The distinction between Parliament and the judiciary

The nature of the act

The terminology used

The legal consequences that flow from the act (correct)

In criminal law, who has the burden of proving guilt?

The defense

The prosecution (correct)

Both the prosecution and defense

The judge

What is the overriding objective of the Criminal Procedure Rules?

To deal with cases efficiently and expeditiously Signup and view all the answers

What is the age of criminal responsibility in Scotland according to the text?

8 years old Signup and view all the answers

Where can you find the Criminal Procedure Rules, Practice Directions and Protocols?

At the Justice website Signup and view all the answers

How often are the Criminal Procedure Rules usually amended according to the text?

Twice per year Signup and view all the answers

Which case originally established the subjective test to determine recklessness in the context of criminal damage?

R v Cunningham 2 QB 396 CA Signup and view all the answers

Under which section of the Offences against the Person Act 1861 was Cunningham charged?

Section 23 Signup and view all the answers

What is the meaning of 'malicious' in the context of criminal damage?

Foreseeing a risk of harm Signup and view all the answers

What is the test for negligence in the context of criminal damage?

Objective test Signup and view all the answers

In the UK, children below the age of 18 years are legally considered mature enough to:

All of the above Signup and view all the answers

In the UK, children below the age of 16 years cannot legally:

All of the above Signup and view all the answers

In the UK, children below the ACR (age of criminal responsibility) cannot be arrested or charged because:

They are not capable of committing crimes Signup and view all the answers

In the UK, for the majority of offences, mens rea will be satisfied if the defendant:

All of the above Signup and view all the answers

Which of the following is true regarding the burden of proof in the law of evidence?

Shifting the legal onus onto the accused is an encroachment on the presumption of innocence. Signup and view all the answers

In the case of R. v. Lambert UKHL 37, the defendant was convicted because he failed to prove on a balance of probabilities that he had not known the drugs were in the bag.

True Signup and view all the answers

When can the burden of proof be shifted onto the defendant by creating a defense?

If the matter in question is not essential to culpability for the offense. Signup and view all the answers

If the trial had taken place after the implementation date of the ECHR Act 1998, would a legal burden have been considered fair?

No Signup and view all the answers

Which organization(s) may be informed if a medical professional is convicted of a criminal offense?

All of the above Signup and view all the answers

In which cases might a medical professional come into contact with the criminal law?

All of the above Signup and view all the answers

What do the Criminal Procedure Rules govern?

All of the above Signup and view all the answers

What is the purpose of the Criminal Procedure Rules?

To encourage parties to agree on key issues Signup and view all the answers

Which type of offences do not require proof of mens rea or negligence in relation to the actus reus?

Regulatory Offences Signup and view all the answers

Which type of offences are primarily aimed at businesses in relation to health and safety?

Regulatory Offences Signup and view all the answers

What is the term used to denote the situation where there is more than one person involved in the commission of a crime?

Joint Enterprise Signup and view all the answers

What is the consequence of conviction within a joint enterprise?

All parties will be guilty of committing the crime Signup and view all the answers

Which of the following is NOT a requirement for the actus reus of a conspiracy?

Committing a criminal offense Signup and view all the answers

What is the mens rea required for inciting to commit a crime?

Advising or encouraging a person to commit a crime Signup and view all the answers

In criminal cases, when can the defense make an application to acquit?

All of the above Signup and view all the answers

When can a jury be directed to acquit both defendants in a joint indictment?

If there is no evidence suggesting they were acting together Signup and view all the answers

What must a defendant do to be considered a joint principal in a joint enterprise?

Both of the above Signup and view all the answers

In what cases is a secondary party liable for a crime committed by the principal?

Only if the secondary party helps or encourages the commission of the crime Signup and view all the answers

When does the acquittal of the principal offender lead to the acquittal of other parties?

When there is lack of proven actus reus Signup and view all the answers

Which one of the following is not considered an inchoate offense?

Committing an offense Signup and view all the answers

What is the De Minimis Principle?

A principle that states that offenses that are too small to be meaningful should not be considered Signup and view all the answers

What are the tests that have been applied to determine if an act constitutes an attempt to commit an offense?

Proximity, Rubicon, and Series of acts Signup and view all the answers

In cases of murder or manslaughter, courts are generally unwilling to accept 'medical negligence' as an intervening act breaking the chain of causation.

True Signup and view all the answers

Quiz

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Questions and Answers

Which principle of criminal law states that every individual is innocent until proven guilty?

What determines whether an act is considered a criminal offence or a civil wrong?

In criminal law, who has the burden of proving guilt?

What is the overriding objective of the Criminal Procedure Rules?

What is the age of criminal responsibility in Scotland according to the text?

Where can you find the Criminal Procedure Rules, Practice Directions and Protocols?

How often are the Criminal Procedure Rules usually amended according to the text?

Which case originally established the subjective test to determine recklessness in the context of criminal damage?

Under which section of the Offences against the Person Act 1861 was Cunningham charged?

What is the meaning of 'malicious' in the context of criminal damage?

What is the test for negligence in the context of criminal damage?

In the UK, children below the age of 18 years are legally considered mature enough to:

In the UK, children below the age of 16 years cannot legally:

In the UK, children below the ACR (age of criminal responsibility) cannot be arrested or charged because:

In the UK, for the majority of offences, mens rea will be satisfied if the defendant:

Which of the following is true regarding the burden of proof in the law of evidence?

In the case of R. v. Lambert UKHL 37, the defendant was convicted because he failed to prove on a balance of probabilities that he had not known the drugs were in the bag.

When can the burden of proof be shifted onto the defendant by creating a defense?

If the trial had taken place after the implementation date of the ECHR Act 1998, would a legal burden have been considered fair?

Which organization(s) may be informed if a medical professional is convicted of a criminal offense?

In which cases might a medical professional come into contact with the criminal law?

What do the Criminal Procedure Rules govern?

What is the purpose of the Criminal Procedure Rules?

Which type of offences do not require proof of mens rea or negligence in relation to the actus reus?

Which type of offences are primarily aimed at businesses in relation to health and safety?

What is the term used to denote the situation where there is more than one person involved in the commission of a crime?

What is the consequence of conviction within a joint enterprise?

Which of the following is NOT a requirement for the actus reus of a conspiracy?

What is the mens rea required for inciting to commit a crime?

In criminal cases, when can the defense make an application to acquit?

When can a jury be directed to acquit both defendants in a joint indictment?

What must a defendant do to be considered a joint principal in a joint enterprise?

In what cases is a secondary party liable for a crime committed by the principal?

When does the acquittal of the principal offender lead to the acquittal of other parties?

Which one of the following is not considered an inchoate offense?

What is the De Minimis Principle?

What are the tests that have been applied to determine if an act constitutes an attempt to commit an offense?

In cases of murder or manslaughter, courts are generally unwilling to accept 'medical negligence' as an intervening act breaking the chain of causation.

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