Law 3

Question 1

…. + …. - …. = offence

Answer 1

AR + MR - LD = offence

Question 2

AR is

Answer 2

the guilty act

Question 3

MR is

Answer 3

the guilty mind

Question 4

what are the four different forms of AR ?

Answer 4

1. Result
2. conduct
3. state of affairs
4. omission’s

Question 5

what is result AR ?

Answer 5

when the AR MUST be satisfied by the result
CONDUCT MAY BE RELEVANT RESULT IS KEY

Question 6

What is an example of result AR ?

Answer 6

Murder - the result is the death
the way how they where killed is less important

Question 7

what is conduct crime ?

Answer 7

The conduct of the PERSON not as much the result
when some ones possession’s have been stolen without consent THE ACT IS ENOUGH TO PERSECUTE

Question 8

what is omission?

Answer 8

a failure to do something that you are OBLIGED TO DO

Question 9

WHAT is an example of ommision ?

Answer 9

contractual - breaching job contract
personal - duty of care for a child
carer etc.

Question 10

what is state of affair ?

Answer 10

where you may have not done anything actively and positive but your behavior’s in the circumstances is enough .

Question 11

what is an example of state of affairs ?

Answer 11

being found drunk in possession’s of a vehicle
OAPA - assault / battery

Question 12

what is strict liability ?

Answer 12

they need no proof of the guilty mind because the act is enough - mainly used for regulatory offences

Question 13

what is fault liability ?

Answer 13

majority of offences they rely on both the guilty mind and the guilty act

Question 14

what is a defence ?

Answer 14

a defence is used when its elements are fufilled for the specific offence

Question 15

do defences need ar and mr

Answer 15

no

Question 16

what is the fair warning principle ?

Answer 16

the relationship with the law and the public and how aware they are of what the law entails.

Question 17

what is the fair labelling principles ?

Answer 17

this requires the names of the crime to be linked to the conduct which is criminalized

Question 18

what is autonomy?

Answer 18

to be free and follow goals in an unrestricted way

Question 19

what is welfare ?

Answer 19

the need for the law to protect society so they can live with out stress

Question 20

what is common law ?

Answer 20

law created by judges using their knowledge and experience .

Question 21

what cases do the magistrates deal with?

Answer 21

petty cases or triable either way cases .
largest sentence £5000 fine 6 months imprisonment .

Question 22

what cases do the crown court deal with ?

Answer 22

indictable offences e.g. rape murder NO LIMIT OF PUNISHMENT heard by the jury and a judge.

Question 23

what cases do the court of appeal deal with ?

Answer 23

appeals of sentences and convictions .

Question 24

supreme court deal with …?

Answer 24

the most importance where the outcome impacts the public or a constitution.

Question 25

how does common law work ?

Answer 25

it relies on law reporting and judgements that have already been prepared.

Question 26

advantages and disadvantages of common law ?

Answer 26

consistency - cases that are similar will be treated the same
disadvantages
inflexibility - because the law will stay the same for a long time can be seen as outdated