Rules and theory

Question 1

What is the definition of Crime?

Answer 1

Conducts which is prohibited by the state and will be punished

Question 2

What are the classifications of Crime?

Answer 2

Summary - Assault and Battery, etc
TEW -Theft, Burglary, ABH, s20 Reckless GBH
Indictable - Murder, Manslaughter, S18 GBH, Robbery

Question 3

What are some sources of criminal law?

Answer 3

Statute
Common Law
Draft Criminal Code 1989 (Not an act)

Question 4

What is the distinction between crime and tort?

Answer 4

Crimes against society, Civil is against person

Question 5

Where is the burden of proof on:
Civil cases
Criminal cases

What standard must be proved in
Civil Cases
Criminal cases

And what is reverse burden, where does it apply?

Answer 5

Civ: Claimant
Crim: Prosecution

Civil: Balance of Probabilities
Crim: Beyond all reasonable doubt

Reverse burden: Some defences involve questioning sanity of offender. Burden is always on prosecution unless Def raises DR or insanity.