CH1 Crim Foundations

Question 1

actus reus vs mens rea

Answer 1

actus reus -> criminal act

mens rea -> intent of criminal act

Question 2

criminal law

Answer 2

prohibited by statute, prosecuted by gov’t

Question 3

precedent

Answer 3

a rule made by a judge that will set as a guideline for other judges in similar cases

Question 4

common law vs statute law

Answer 4

British traditional law; no legislation, informal

formal, written laws enacted by legislative body

Question 5

stare decisis

Answer 5

when higher courts set precedents, lower courts must follow

Question 6

what is a crime?

Answer 6

act/omission prohibited by criminal law

both actus reus and mens rea

no legal defence/reason for committing crime (like self defence)

Question 7

difference b/w criminal law and civil law?

Answer 7

criminal law -> must prove offender is guilty beyond a reasonable doubt

civil law -> balance of probabilities

Question 8

value consensus law

Answer 8

law represents consensus of society (mala prohibita)
to maintain social cohesion

1 size fits all model

Question 9

conflict model

Answer 9

society full of groups in conflict

the powerful groups define the law, and maintain their power by implementing their own laws