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Law > Murder > Flashcards

Murder Flashcards

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MPRE flashcards MBE flashcards Civil Procedure 1L flashcards
1
Q

Why is murder the most serious crime?

A

Because the defendant intended to kill the victim

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2
Q

What is the sentence for murder?

A

Mandatory life sentence which is 25 years

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3
Q

What is the definition of murder?

A

The unlawful killing of someone in the King’s peace with malice aforethought

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4
Q

The actus reus of murder is?

A

Unlawful killing, human being, King’s peace

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5
Q

UL - What is a lawful act?

A

Self-defence, war and executions

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6
Q

UL - What is an unlawful act?

A

murder, voluntary manslaughter and involuntary manslaughter

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7
Q

UL - What is an omission?

A

Failure to act

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8
Q

UL - What does the victim have to be?

A

Dead but life support is not included in murder cases

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9
Q

HB - Define the term ‘human being’

A

Must be capable of existence independent from the mother

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10
Q

HB - What is not included in this part of murder?

A

The killing of a foetus in a mothers body isn’t murder

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11
Q

KP - What is the King’s peace?

A

A peaceful situation/not war

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12
Q

C - Define factual causation

A

We use the but for test

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13
Q

C - Define legal causation

A

The defendant must be the operating and substantial cause of death. The act must be more than de minimis/ more than trivial

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14
Q

BTCOC - What does there need to be in order to break the chain of causation?

A

An unbroken link between the action and consequence

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15
Q

BTCOC - What can causation be broken by?

A

Intervening actions and the victim’s own actions

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16
Q

BTCOC - How can intervening acts break the chain of causation?

A

If they are independent from the original act

17
Q

BTCOC - MAKE SURE TO INCLUDE IN ESSAYS:

A

Victim’s own actions and thin skull rule

18
Q

What is the mens rea for murder?

A

Malice aforethought

19
Q

Name the two types of intention for mens rea

A

Direct intention and indirect intention

20
Q

Define direct intention

A

The defendant intended the consequences

21
Q

Define indirect intention

A

The defendant desires the consequences of their actions even if they are virtually certain

22
Q

What is the Nedrick test?

A

The intent can be deducted if these two conditions are present

23
Q

What are the two conditions used in the Nedrick test?

A

1 - the outcome was virtually certain due to the defendants actions
2 - the defendant was aware of this near-certain outcome

Law (6 decks)

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