Law Flashcards

1
Q

What is criminal law?

A

Criminal law defines crimes and prescribes punishments for actions that threaten public safety.

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2
Q

What are the main purposes of criminal law?

A

To deter crime, punish offenders, rehabilitate them, and protect society.

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3
Q

What is actus reus?

A

The physical act or unlawful omission in a crime.

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4
Q

What is mens rea? (Law)

A

The mental element or intention to commit a crime.

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5
Q

What is strict liability? (Law)

A

Crimes that don’t require proof of mens rea.

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6
Q

What is the presumption of innocence? (Law)

A

The principle that a person is innocent until proven guilty.

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7
Q

Who has the burden of proof in criminal law? (Law)

A

The prosecution must prove guilt.

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8
Q

What is the standard of proof in criminal cases? (Law)

A

Beyond a reasonable doubt.”

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9
Q

What are summary offenses? (Law)

A

Minor crimes tried in the Magistrates’ Court.

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10
Q

What are indictable offenses? (Law)

A

Serious crimes tried in the Crown Court.

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11
Q

What are triable either-way offenses? (Law)

A

Crimes that can be tried in either Magistrates’ or Crown Court.

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12
Q

What is the definition of murder? (Law)

A

Murder is the unlawful killing of a human being with malice aforethought.

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13
Q

What is the actus reus of murder? (Law)

A

The unlawful killing of a human being under the Queen’s peace.

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14
Q

What is the mens rea for murder? (Law)

A

Intent to kill or cause grievous bodily harm (GBH).

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15
Q

What is involuntary manslaughter? (Law)

A

A killing without intent to kill or cause GBH, often through gross negligence or unlawful acts.

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16
Q

What constitutes an assault? (Law)

A

Causing another person to apprehend immediate unlawful violence.

17
Q

What is actual bodily harm (ABH)? (Law)

A

Assault or battery causing any injury that is more than transient or trifling.

18
Q

What is grievous bodily harm (GBH)? (Law)

A

Serious harm inflicted on a person, can be with intent (s.18) or without (s.20).

19
Q

What is self-defense? (Law)

A

The use of reasonable force to protect oneself or others from harm.

20
Q

What is voluntary manslaughter? (Law)

A

A killing with intent to kill or cause GBH, reduced by a partial defense like loss of control or diminished responsibility.

21
Q

What is the insanity defense? (Law)

A

A legal defense where the defendant was incapable of understanding the nature of the act due to mental disorder.

22
Q

What is duress? (Law)

A

A defense where the defendant was forced to commit a crime due to threats of death or serious harm.

23
Q

How does consent work as a defense? (Law)

A

Consent can be a defense for some non-fatal offenses, provided it’s informed and voluntary.

24
Q

What principle was established in R v Cunningham? (Law)

A

Established that recklessness requires the defendant to foresee the risk and proceed anyway.

25
Q

What principle was established in R v Smith? (Law)

A

Established that causation requires the defendant’s act to be a significant cause of the result.

26
Q

What principle was established in R v Brown? (Law)

A

Confirmed that consent is not a defense for ABH and GBH in sadomasochistic activities.