law 2

Question 1

What is the Latin term for stand by what has been decided?

Answer 1

Stare Decisis

Question 2

What are the main ways of avoiding precedent

Answer 2

Distinguishing;
Practice Statement 1966
Exceptions in Bristol Aeroplane;
Over-ruling

Question 3

What is the difference between Over-ruling and reversing?

Answer 3

Overruling is when a higher court replaces a judgement in a previous case. Reversing is in the same case.

Question 4

factual cause

Answer 4

but for test
pagett

Question 5

Cato

Answer 5

multiple causes don’t break the chain
doesn’t affect liability

Question 6

Novus actus interveniens

Answer 6

3rd party
often medical treatment

Question 7

funding criminal defense cases

Answer 7

private funds
legal aid

Question 8

role of judges

Answer 8

including plea+ management hearings
rules in point of law, procedure and evidence
sentence
directing jury
appeals from magistrates
creates precedent

Question 9

types of judges

Answer 9

superior judges- sit in high or appeal courts
inferior judges are the rest

Question 10

fair labelling

Answer 10

the label given to an offence should attach itself to a category or level of crime.
punishment should be proportionate to the offence committed

Question 11

correspondence principle

Answer 11

its to prevent the unfair labelling of a defendant who does not intend or foresee the elements of the actus reus
The Correspondence rule states that the actus reus and the mens rea should be of the same level. The reason for this is that if the offence is one of constructive liability (i.e. correspondence doesn’t apply) the defendant is held liable for harm they may not have foreseen and this means they lack fault and so it is unjust.

Question 12

in relation to loss of control s54(1)

Answer 12

S.54 Coroners and justice act 2009
says the defendant must lose their self control but it doesn’t need to be sudden under s54(2)

Question 13

Murder AR

Answer 13

The unlawful killing of a reasonable person in being and under the kings or queens peace

Question 14

Men’s rea for murder

Answer 14

Intention to kill or cause grievous bodily harm or with malice afore thought express or implied

Question 15

The rule of law means…

Answer 15

Law is in charge

Question 16

Voluntary manslaughter

Answer 16

It comes about when you can successfully argue the two defences:loss of control and diminished responsibility

Question 17

Loss of control 1

Answer 17

Ds acts or omissions in doing or being a party to the killing resulted from Ds loss of control

Question 18

Loss of control 2

Answer 18

It does not matter if the loss of control was not sudden
(Ibrams an Gregory 1981 CA)

Question 19

Loss of control 3

Answer 19

Does not apply if in doing or being a party to the killing D acted in a considered desire for revenge

Question 20

Qualifying trigger s55(3)

Answer 20

Ds fear of serious violence from V against D or another identified person

Question 21

s54(1)(c)

Answer 21

Camplin
A person of Ds sex and age with a normal degree of tolerance and self restraint and in the circumstances of D might have reacted in the same or similar way

Question 22

Issues with loss of control

Answer 22

No need to be sudden
Compatible with considered desire for revenge
Scope of the excuse for violence exception

Question 23

Diminished responsibility s2(1) homocide act 1957

Answer 23

Not to be convicted of murder if D was suffering from an abnormality of mental functioning which: arose from recognised medical condition
substationally impaired Ds ability to do one or more things mentioned in ss1(a)
Provides explanation for Ds acts and omissions in doing or being party to the killing

Question 24

Involuntary manslaughter

Answer 24

D does not intend to kill or cause serious harm

Question 25

Dangerous situation: involuntary manslaughter

Answer 25

It is necessary to show that where D creates the dangerous situation they intended to do so. This intention will take form of recklessness

Question 26

Test for involuntary manslaughter- gross negligence

Answer 26

Duty of care must exist between D and victim Must be a breach of duty which causes death Gross negligence is such to be considered criminal by the dury

Question 27

s.55(4)

Answer 27

Qualifying trigger (Clinton 2012) Things done or said that constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being wrong

Question 28

Gross negligence manslaughter (Adomako)

Answer 28

Duty of care Breach of duty of care owed by D to the V causing death (Edwards) The breach was a cause of the victim's death The breach was reasonably foreseeable to give rise to an obvious risk of death The circumstances of the breach were exceptionally bad

Question 29

Unlawful act manslaughter

Answer 29

D commits unlawful act Act must be criminal Act must be dangerous Act must cause death D must have men’s rea for unlawful act

Question 30

DANGEROUS This is established by the case of Church

Answer 30

We ask whether the sober reasonable person would foresee the risk of at least some harm all be it not serious.

Question 31

legal causation

Answer 31

if the defendant’s actions were the operating and substantial cause (benge), which means more than minimal but need not be the only cause (Cato).

Question 32

fault

Answer 32

the level of moral blameworthiness of the defendant the more at fault u are the more serious ur crime is MR and strict liability

Question 33

justice

Answer 33

described as fairness or equality as pointed out in 'de la justice' definition is illusive due to subjective nature natural justice substantive justice utilitarianism

Question 34

harm

Answer 34

the physical or mental damage caused by a D to a v. It can be considered as the basis criminal liability since the more serious the harm you cause, the more serious the offence you are likely to be charged with and the more serious the sentence is likely to be.

Question 35

Retrospective Liability (R V R)

Answer 35

Retrospective law means that when a law passes it applies to some time in the past. The issue with this is that changing the law in this way can change the nature of a person’s actions from being lawful at the time they were acting to unlawful at some future point.

Question 36

Maximum certainty

Answer 36

The principle of maximum certainty means that the law needs to be as precise and clear as possible. This means that people understand what the law is which enables them to modify their behaviour to ensure it complies, making society safer.

Question 37

principle of coincidence (contemporary rule)

Answer 37

Coincidence of actus reus and mens rea is the principle that both the mental and physical element of the crime must be present. This is often called the contemporaneity rule

Question 38

Voluntary assumption of duty

Answer 38

stone and Dobinson

Question 39

Reasonable creature in being

Answer 39

A child must be independent of mother to be considered a reasonable creature in being

Question 40

Gross

Answer 40

Bateman Disregard life and safety of others to be deemed criminal