Key terms test #2 Flashcards
Elements of actus reus
- conduct ( the voluntary action)
- Circumstances ( the surrounding details or conditions of the act)
- Consequences ( the resulting outcome or harm)
Duty to act / rescue
A circumstance in which a person can be held liable for saving another’s life ( only in quebec - can be charged if you don’t save another)
Solemn undertaking
A formal promise required by the law to do something or to not do something ( an accused person undertaking to follow certain conditions, not contacting certain people)
Reasonable steps
An expression that means a series of actions that are fair and respectable
Party to an offence
Anyone who is involved in a crime, even if they didn’t physically commit it themselves ( aid, abet or counsel)
Voluntariness
The ability to make choices and act without coercion or undue influence
Simultaneity
The idea that two or more things happening at the same time
Care and control
Used to describe someone who is responsible for an impaired driving incident ( to be in care and control of a motor vehicle)
Objective liability (versus subjective liability)
A person is held responsible based on what a reasonable person should have done
Marked departure test – moral blameworthiness
A person’s conduct is considered significantly below what a reasonable person should do
Minimum fault requirement
Refers to the level of negligence ( the lowest fault) that must be proven for the the accused to be convicted
Modified objective test
A test that considers the circumstance of a case - used to assess mens rea, intent
Evidential burden of proof
The responsibility to present enough evidence to raise an issue or defense in a case
Elevated standard of care
A higher level of care often exceeding basic responsibilities
Mistake of fact
A criminal defense that is used to limit criminal liability - committing an act based on a misunderstanding of the facts
Subjective liability
A legal concept that focuses on the accused state of mind that the time ( guilty mind)
Standard of care
The reasonable amount of care in a given situation
Recklessness
Knowledge of a danger, but the lack of regard for consequences in given situations.
Wilful blindness
Refers to the accused’s state of mind when committing a crime ( does not wish to know the truth) - buying a tv in back alleyway
