PUBLIC LAW Flashcards

1
Q

ADMINSTRATIVE LAW

A

-regulates activities if bodies that exercise public powers, admin functions

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2
Q

SOURCES OF ADMIN LAW

A
  • LEGISLATION (PASSPORT APCT,CONSTITUTION ETC)
  • JUDICIAL PRECEDENT
  • COMMON LAW
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3
Q

CRIMINAL LAW

A

-law that deals with behaviour that is considered criminal

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4
Q

SOURCES OF CRIMINAL LAW

A
  • both common law and statue
  • common law crimes
  • statutory crimes
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5
Q

ELEMENTS OF CRIME

A

1) unlawful - (against law)
voluntary
conduct

2) CAUSATION- act must have caused a consequence
- factual causation means that the accused’s conduct must have resulted in the criminal consequence - we use the ‘but for’ test

3) CRIMINAL CAPACITY - person who commits the act must have understood that their actions will result in certain consequences
4) FAULT - did the person act with intention or negligence

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6
Q

TYPES OF INTENTION

A

1) DIRECT INTENTION-person fully intended directly to commit the crime
2) INDIRECT INTENTION- prohibited act or outcome was not the aim of the accused
3) EVENTUAL INTENTION- the accused did not wish to bring about the prohibited action

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