Definitions Quiz 1

Question 1

Actus Reus

Answer 1

The physical act of the crime being committed

Question 2

Mens Rea

Answer 2

The mental act of committing the crime

Question 3

Precedent

Answer 3

An example or guide to be considered in subsequent similar circumstances

Question 4

Absolute Liability

Answer 4

The commission of actus reus alone is sufficient for a conviction

Question 5

Common Law

Answer 5

Judge made law, not written down as legislation

Question 6

Stare Decisis

Answer 6

To stand by things decided

Question 7

Statue Law

Answer 7

Passed by the legislative branch of a government

Question 8

Hybrid Offence

Answer 8

Can be preceded as either a summary conviction or a indictable offence

Question 9

Ultra Vires

Answer 9

If a body of government attempts to pass a law outside of its constitutional authority

Question 10

Intra Vires

Answer 10

A law that is passed within the constitutional authority of the governing body, enforced and in effect

Question 11

Beyond a Reasonable Doubt

Answer 11

a judge / jury may have a reasonable doubt if, after reasoning all the evidence, they are unsure whether the accused committed the offence. The judge / jury must believe that the only sensible explanation is that the accused committed the crime (Actus reus and mens rea)

Question 12

Tort

Answer 12

Acts or omissions which all people have a duty to refrain from committing against other people

Question 13

Strict Liability

Answer 13

Actus reus is sufficient for a conviction, but the defense of due diligence is available

Question 14

Due Diligence

Answer 14

The onus is on the accused to prove that he took all reasonable care or showed diligent efforts to avoid breaking the law