Introduction to legal concepts: Criminal, Contract, Tort Flashcards
What is a crime?
A crime is an unlawful act or default which is an offense against the public and renders the person guilty of the act liable to legal punishment
What are the aims of criminal law?
- Define each crime
- Set up procedures for finding the guilt or innocence of the accused
- Establish punishments for the guilty
What are the differences between actus reus and mens rea?
The criminal act is called actus reus and the mental element of a crime is called the mens rea.
Mens rea is the mental element of a crime and involves an intention or recklessness in carrying out a criminal act.
Eg. Shoplifting
Actus Reus: Leaving the shop without paying
Mens Rea: Doing this deliberately and dishonestly
Eg. Murder
Actus Reus: Wielding the axee
Mens Rea: Doing so with malice aforethought
How can you defend against criminal law? (Criminal defenses)
A defense is available if the defendant can show that there was no intent when the act took place.
Mistake
- The accused may be able to show that he was under a mistake such as recklessness.
- Ignorance of the law is not an excuse
Insanity
- Insanity may be proven if the accused was laboring under a defect of reason, from disease of the mind
- The accused didn’t know the nature of what he was doing
How are criminal offenses prosecuted?
- The police are informed when a criminal offence has been committed.
- If the police suspects a certain person for having committed the crime, they charge them and pass the case to Crown Prosecution Service (CPS)
- The CPS decides whether to prosecute and what charges to bring
- The accused will appear before a Magistrate’s Court
- Either his case will be heard by the Magistrate or he will be committed for trial in the Crown Court
- If the CPS declines to act, it is still possible to bring a private prosecution.
What is the definition of Theft?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
What is the definition of Fraud?
A fraud is proved when it is shown that a false representation has been made knowingly or without belief in its truth or recklessly.
What is a contract?
It is a legally enforceable agreement. It is enforceable since there is legal action available in case one party should fail to comply with his promise under the agreement.
What is a breach of contract?
When a party does not comply with terms of a contract
What is privity of contract?
Third parties are unable to sue on a contract that does not concern them
What is Tort Law?
It’s purpose is to compensate those suffering loss or injury caused by another’s actions.
What is Negligence?
It involves a duty of care and the damage which is suffered as a result of a breach of that duty.
How can you succeed in a claim for negligence?
The plaintiff must show that the damage or injury suffered was caused by the defendant’s breach of duty.
How can you establish negligence?
It will be asked whether a reasonable person, at the time of breach of duty, would have foreseen the damage which has occurred. If the damage is reasonably foreseeable, the defendant is liable for it. I
