Legal Flashcards

0
Q

What is a rule?

A

Are applied locally and are in limited context

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1
Q

What is a law?

A

Laws apply to society and are enforced by society

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2
Q

What is a crime?

A

A conscious voluntary act or omission that is considered harmful to society, prohibited by the state and punished by the state

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3
Q

What are the two basic parts of a crime?

A

Actus Reus: wrongful act - physical

Mens Rea: wrongful mind - mental

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4
Q

What must be proved to be found guilty of a crime?

A

Actus Reas

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5
Q

What is needed for a crime to be a crime?

A

A crime must be a conscious voluntary act which you know what you are doing and are willingly doing it

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6
Q

What is the standard of proof?

A

Beyond Reasonable doubt

How much you need to prove

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7
Q

What is the presumption of Innocnece?

A

Everyone is presumed innocent until proven guilty

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8
Q

Onus of proof:

A

Who has to prove - standard of proof

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9
Q

What is the criminal liability for 0-10 year olds?

A

Cannot be found guilty of a crime

Assumed knew right from right

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10
Q

10-14

A

Can’t be found guilty but if the prosecution can prove that you had a criminal attitude you can be found guilty

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11
Q

14 and over

A

Full criminal liability

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12
Q

What is an alibi: - general defences for a crime

A

Piece of evidence that says you were elsewhere when an act was committed

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13
Q

Accident: general defence for crimes

A

No intention, misguided or wrong

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14
Q

Insanity: general defence

A

State of being ill

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15
Q

Neccesity: general crime defence

A

The circumstances required you to commit a crime

16
Q

Self defence: general crime defence

A

Using a reasonable amount of force to proportionate the threat

17
Q

What is murder?

A

Intentional killing of a person with malice afore thought

18
Q

What is manslaughter?

A

Intended to cause harm but not grievous harm

19
Q

What is the aim of a criminal sanction?

A

Need to be found guilty beyond reasonable doubt

20
Q

What is a sanction?

A

A threatened penalty for disobeying a law or rule

21
Q

Types of sanctions:

A
General Deterent: for everyone 
Specific Deterent: personal 
To protect society: protect someone from being killed 
To punish 
To denounce 
To reform