Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law > Mental Capacity Defences > Flashcards

Mental Capacity Defences Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What is the legal test for determining mental capacity in criminal cases?

A

The M’Naghten Rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

True or False: A defendant must have the capacity to understand the nature and quality of their act in order to be found guilty.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Fill in the blank: Mental incapacity can be a ______ defense in criminal law.

A

valid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the name of the case that established the legal test for insanity in criminal cases?

A

M’Naghten’s Case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the legal term for the inability to differentiate between right and wrong due to a mental disorder?

A

Insanity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the legal test used in England and Wales to determine criminal responsibility?

A

The M’Naghten Rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

In the context of mental capacity defenses, what does the term ‘cognitive impairment’ refer to?

A

Difficulties with thinking and understanding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the legal term for a temporary loss of control due to an external factor?

A

Diminished responsibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

True or False: Mental incapacity can be used as a defense in all criminal cases.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the legal term for the inability to control one’s actions due to a mental disorder?

A

Diminished responsibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the legal test for diminished responsibility in criminal cases?

A

The Homicide Act 1957

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Fill in the blank: Diminished responsibility is a ______ defense in criminal law.

A

partial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

True or False: Diminished responsibility can only apply to murder charges.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the legal term for the inability to form criminal intent due to a mental disorder?

A

Insanity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the legal test for insanity in criminal cases in the United States?

A

The Irresistible Impulse Test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the legal term for the inability to appreciate the nature and quality of one’s actions due to a mental disorder?

A

Lack of capacity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

True or False: Lack of capacity can be a defense for all criminal charges.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

In the context of mental capacity defenses, what does the term ‘volitional impairment’ refer to?

A

Difficulties with controlling behavior

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the legal term for the inability to form criminal intent due to a mental disorder?

A

Diminished responsibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the legal test for diminished responsibility in Scotland?

A

The Mental Health (Scotland) Act 1984

21
Q

Fill in the blank: Diminished responsibility is a ______ defense in Scottish criminal law.

A

partial

22
Q

True or False: Diminished responsibility requires a complete lack of control over one’s actions.

A

False

23
Q

What is the legal term for the inability to appreciate the consequences of one’s actions due to a mental disorder?

A

Lack of capacity

24
Q

What is the legal test for lack of capacity in criminal cases?

A

The Capacity Test

25
Q

What is the legal test for determining mental capacity in criminal cases?

A

The M’Naghten Rules

26
Q

True or False: A defendant must have the capacity to understand the nature and quality of their act in order to be found guilty.

A

True

27
Q

Fill in the blank: Mental incapacity can be a ______ defense in criminal law.

A

valid

28
Q

What is the name of the case that established the legal test for insanity in criminal cases?

A

M’Naghten’s Case

29
Q

What is the legal term for the inability to differentiate between right and wrong due to a mental disorder?

A

Insanity

30
Q

What is the legal test used in England and Wales to determine criminal responsibility?

A

The M’Naghten Rules

31
Q

In the context of mental capacity defenses, what does the term ‘cognitive impairment’ refer to?

A

Difficulties with thinking and understanding

32
Q

What is the legal term for a temporary loss of control due to an external factor?

A

Diminished responsibility

33
Q

True or False: Mental incapacity can be used as a defense in all criminal cases.

A

False

34
Q

What is the legal term for the inability to control one’s actions due to a mental disorder?

A

Diminished responsibility

35
Q

What is the legal test for diminished responsibility in criminal cases?

A

The Homicide Act 1957

36
Q

Fill in the blank: Diminished responsibility is a ______ defense in criminal law.

A

partial

37
Q

True or False: Diminished responsibility can only apply to murder charges.

A

False

38
Q

What is the legal term for the inability to form criminal intent due to a mental disorder?

A

Insanity

39
Q

What is the legal test for insanity in criminal cases in the United States?

A

The Irresistible Impulse Test

40
Q

What is the legal term for the inability to appreciate the nature and quality of one’s actions due to a mental disorder?

A

Lack of capacity

41
Q

True or False: Lack of capacity can be a defense for all criminal charges.

A

False

42
Q

In the context of mental capacity defenses, what does the term ‘volitional impairment’ refer to?

A

Difficulties with controlling behavior

43
Q

What is the legal term for the inability to form criminal intent due to a mental disorder?

A

Diminished responsibility

44
Q

What is the legal test for diminished responsibility in Scotland?

A

The Mental Health (Scotland) Act 1984

45
Q

Fill in the blank: Diminished responsibility is a ______ defense in Scottish criminal law.

A

partial

46
Q

True or False: Diminished responsibility requires a complete lack of control over one’s actions.

A

False

47
Q

What is the legal term for the inability to appreciate the consequences of one’s actions due to a mental disorder?

A

Lack of capacity

48
Q

What is the legal test for lack of capacity in criminal cases?

A

The Capacity Test

Law (28 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions