Actus Reus

Question 1

Actus Reus

Answer 1

The physical or external part of a crime.

Question 2

Actus Reus Elements (most common definition)

Answer 2

(1) a voluntary act (or rarely, and omission (failure to act))
(2) that causes
(3) social harm

Question 3

Social Harm

Answer 3

The harm or injury to a socially valuable interest which a criminal law aims to eradicate.

In other words, the crime is not only impacting the victim, but society as a whole.

Question 4

Attendant Circumstances

Answer 4

A fact or condition that must be present when the actor performs the prohibited conduct or causes the prohibited result.

Question 5

Result Crime

Answer 5

The law punishes because of an unwanted outcome, such as the death of another (homicide) or the destruction of a house (arson)

Question 6

Conduct Crime

Answer 6

The law prohibits specific behavior, such as drunk driving or solicitation to commit murder

Question 7

Omissions

Answer 7

Failure to act

Question 8

When does an omission constitute a legal duty?

Answer 8

Where a statute imposes a duty

When one has a certain status relationship to another

Where one has assumed a contractual duty to care for another (express or implied)

Where one has voluntarily assumed care of another

When a person creates a risk of harm to another