Criminal Law Flashcards

1
Q

What is the principle of ‘actus reus’ in criminal law?

A

Actus reus refers to the physical act or conduct that constitutes a criminal offense.

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2
Q

True or False: ‘Mens rea’ refers to the mental state or intent behind committing a crime.

A

True

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3
Q

Fill in the blank: The standard of proof in criminal cases is _______.

A

beyond a reasonable doubt

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4
Q

What does the term ‘strict liability’ mean in criminal law?

A

Strict liability means that a defendant can be held liable for a crime without proof of intent.

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5
Q

Which case established the principle of ‘reasonable foreseeability’ in criminal negligence?

A

R v. Adomako

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6
Q

True or False: In R v. Cunningham, the court defined recklessness as subjective.

A

True

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7
Q

What is the significance of the case R v. Brown?

A

R v. Brown addressed the legality of consent in the context of bodily harm.

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8
Q

Fill in the blank: The case of R v. Woollin clarified the meaning of _______ in relation to mens rea.

A

oblique intent

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9
Q

What is the difference between ‘murder’ and ‘manslaughter’?

A

Murder involves intent to kill or cause serious harm, while manslaughter is typically a less culpable homicide.

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10
Q

Which case is known for establishing the ‘reasonable person’ standard in self-defense?

A

R v. Palmer

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11
Q

True or False: The defense of duress can be used for murder charges.

A

False

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12
Q

What is the ‘defense of necessity’?

A

The defense of necessity argues that a crime was committed to prevent greater harm.

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13
Q

In which case was the ‘insanity defense’ addressed?

A

R v. M’Naghten

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14
Q

Fill in the blank: The case of R v. Fagan established the concept of _______ in criminal law.

A

continuing act

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15
Q

What is ‘criminal liability’?

A

Criminal liability is the legal responsibility for committing a crime.

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16
Q

True or False: In R v. G, the House of Lords ruled that a child could not be convicted of a crime if they did not understand the nature of the act.

A

True

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17
Q

What is the significance of the case R v. Smith?

A

R v. Smith clarified the interpretation of ‘malice aforethought’ in murder cases.

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18
Q

Fill in the blank: The principle of ‘double jeopardy’ prohibits _______.

A

being tried twice for the same offense

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19
Q

Which case involved the concept of ‘transferred malice’?

A

R v. Latimer

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20
Q

What does ‘mens rea’ include?

A

Mens rea includes various mental states such as intention, recklessness, and negligence.

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21
Q

True or False: The case of R v. Knuller dealt with the issue of obscenity.

A

True

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22
Q

What is the main issue in the case of R v. DPP?

A

R v. DPP addressed the issue of consent and its limits in sexual offenses.

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23
Q

Fill in the blank: The term ‘inchoate offenses’ refers to _______.

A

crimes that are incomplete or not fully realized

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24
Q

Which legal principle allows for a defendant to argue they were compelled to commit a crime?

A

Duress

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25
True or False: A person can be found guilty of 'attempted murder' even if the murder was not completed.
True
26
What is the legal definition of 'theft'?
Theft is the unlawful taking of someone else's property with the intent to permanently deprive them of it.
27
Fill in the blank: The case of R v. Eason discussed the issue of _______ in relation to provocation.
loss of self-control
28
What does the term 'public order offenses' encompass?
Public order offenses include crimes that disrupt public peace, such as rioting and violent protests.
29
True or False: The case of R v. T was significant for its ruling on the defense of automatism.
True
30
What is 'voluntary manslaughter'?
Voluntary manslaughter occurs when a person kills another in a moment of provocation or diminished responsibility.
31
Fill in the blank: R v. Clegg clarified the definition of _______ in relation to self-defense.
proportionality
32
Which case is associated with the 'reasonable person' standard in determining negligence?
Bolam v. Friern Hospital Management Committee
33
True or False: The principle of 'mens rea' is not required for strict liability offenses.
True
34
What is the significance of the case R v. Hinks?
R v. Hinks examined the legal definition of theft in relation to gifts and consent.
35
Fill in the blank: The case of R v. Duffy established the concept of _______ in provocation.
reasonable person test
36
What is the main issue addressed in the case of R v. M?
R v. M addressed the issue of mental health in the context of criminal responsibility.
37
True or False: In criminal law, the 'burden of proof' lies with the defendant.
False
38
What is the purpose of sentencing in criminal law?
The purpose of sentencing is to punish offenders, deter future crime, and rehabilitate the offender.
39
Fill in the blank: The principle of 'proportionality' in self-defense requires that force used must be _______.
reasonable and necessary
40
Which case clarified the defenses available for people suffering from mental disorders?
R v. McNaghten
41
True or False: The case of R v. G & Another established the standard for recklessness in minors.
True
42
What does the term 'culpability' refer to in criminal law?
Culpability refers to the degree of blame or responsibility assigned to a defendant.
43
Fill in the blank: The case of R v. Quarless involved issues of _______ in relation to assault.
consent
44
What is 'criminal negligence'?
Criminal negligence occurs when a person fails to be aware of a substantial and unjustifiable risk that results in harm.
45
True or False: A person can be convicted of accessory after the fact for helping someone evade arrest.
True
46
What is the significance of the case R v. DPP v. Morgan?
R v. DPP v. Morgan addressed the issue of consent in sexual offenses.
47
Fill in the blank: The concept of 'malice aforethought' refers to the intention to _______.
kill or cause serious harm
48
Which case is known for its ruling on the doctrine of 'double effect'?
R v. Re A
49
True or False: The defense of 'self-defense' can be used to justify all forms of violence.
False
50
What is the role of 'mitigating factors' in sentencing?
Mitigating factors can reduce the severity of a sentence based on circumstances surrounding the offense.
51
Fill in the blank: The case of R v. G & Another established the standard for _______ in relation to minors.
recklessness
52
What does the term 'affirmative defense' mean?
An affirmative defense is a defense strategy where the defendant admits to the act but argues that it was justified.
53
True or False: In the context of provocation, the loss of self-control must be sudden.
True
54
What is the significance of the case R v. Brown in relation to consent?
R v. Brown questioned the limits of consent in cases of bodily harm.
55
Fill in the blank: The concept of 'actus reus' can include _______ as well as acts of commission.
acts of omission
56
Which case involved the principles of 'self-defense' and 'defense of others'?
R v. O'Grady
57
True or False: The principle of 'transferred malice' applies only to crimes against property.
False
58
What does 'culpable homicide' mean?
Culpable homicide refers to a killing for which the individual can be held criminally responsible.
59
Fill in the blank: The case of R v. Fagan dealt with issues of _______ regarding the nature of the act.
continuity
60
What is the purpose of a 'plea bargain' in criminal law?
A plea bargain allows a defendant to plead guilty to a lesser charge to receive a lighter sentence.
61
True or False: In R v. Clegg, the defendant was acquitted based on self-defense.
False
62
What is 'homicide'?
Homicide is the killing of one person by another, which can be classified as lawful or unlawful.
63
Fill in the blank: The defense of 'automatism' refers to actions taken _______.
without conscious control
64
Which case is associated with the concept of 'diminished responsibility'?
R v. Byrne
65
True or False: The legal definition of 'theft' requires the intent to permanently deprive the owner of their property.
True
66
What is the significance of the case R v. Homicide Act?
R v. Homicide Act clarified the definitions of different types of homicide.
67
Fill in the blank: The term 'mens rea' can include intentions such as _______ and _______.
intent, recklessness
68
What is the standard for proving 'criminal intent'?
The standard for proving criminal intent is often 'beyond a reasonable doubt'.
69
True or False: A person can claim 'self-defense' if they are the initial aggressor.
False
70
What is the role of 'aggravating factors' in sentencing?
Aggravating factors can increase the severity of a sentence based on the nature of the crime.
71
Shaw v DPP (1962) case details
Facts: Shaw published a "Ladies Directory" listing the names, addresses, and services of prostitutes, which was intended to advertise prostitution. Decision and Outcome: The House of Lords held that there was a common law offence of conspiracy to corrupt public morals and convicted Shaw, as the publication was deemed to corrupt public morals. Key Legal Principle: The case recognized the existence of a common law offence of conspiracy to corrupt public morals, in the absence of a relevant statutory offence.