Law mock:)

  • Created by: elliesp
  • Created on: 16-01-17 19:38
what is causation?
2 part test (factual and legal causation) which establishes criminal liability, must be proved that there's a direct link between D's act and the criminal consequence.
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what is factual causation?
when it is considered whether the harm would've been caused but for the D's actions.
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what is legal causation?
asks whether the D was the operating and substantial cause or whether there was a novus actus interveniens.
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what are commissions? example?
a failure to act, pitwood
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what is direct intent? which case was it established?
when the consequence was the defendant's aim (mohan)
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what is indirect intent? which case was it established in?
defendant intended the act but not the consequence (woolin)
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what is recklessness? which case was it established in?
when the defendant knows the risk but goes ahead with it (Cunningham)
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what is a summons?
a document sent to the D by post setting a date in which they must attend court
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what is a charge?
a charge is made when the D has been arrested by the police and the matter has been investigated.
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what is the pre-trial procedure?
summons or charge --> preliminary hearing (guilty plea or non guilty) --> bail (conditional or unconditional)
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what is the mode of trial?
the decision that is made as to whether a case is heard in the magistrates court or whether it's committed to the crown court
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what is the golden thread? where was this established?
the defendant is innocent until proven guilty, established in Woolmington
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what is bail?
where the D remains free until their trail takes place
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what is unconditional bail?
where the court imposes no conditions to the courts bail apart from attending any court hearings
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what is conditional bail?
where the D is on bail under certain conditions (e.g they have to report to a police station etc)
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what is deterrence?
deterring the D or others from committing the offence again.
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what is rehabilitation?
seeks to break the cycle of offending behaviour and encourages the D to reform
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what is reparation?
compensating the victim by paying them a sum of money
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what is retribution?
ensures that the sentence given is proportionate to the offence.
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what is denunciation?
this is society expressing it's disapproval of criminal activity
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what is the burden of proof?
when the D committed the guilty act and had the guilty mind
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what is the standard of proof?
in order to convict someone, the evidence must be proved beyond reasonable doubt.
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what is strict liability?
when the crime has an acts reuse however there is no need to prove the mens rea
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what is the presumption of mens rea?
when there is no indication of mens rea in the case it is presumed that all criminal offences require mens rea.
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what does to repeal a law mean?
the removal of a law that has no further use
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what is a green paper?
a document containing alternative policy options for debate
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what is a white paper?
released after a green paper and provides a more definite proposal which forms the basis of a bill
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what is the literal rule?
requires judge to give word/phrase it's dictionary meaning
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what is the golden rule?
extension of the literal rule as they look at the literal meaning but avoid an absurd result, by choosing the meaning which avoids an absurd result (narrow approach) or modifying the meaning of the word to avoid absurd result (broad approach)
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what is the mischief rule?
gov. looks at a gap in the law/ the mischief which the gov had felt necessary to fill when passing the act.
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what is the purposive approach?
focuses on what the parliament intended when passing the new law, whereas the mischief rule looks at the problems with the old law
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what are aids to interpretation?
materials from inside and outside the act which judges refer to which helps to interpret the words of the act.
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what is the age range for lay magistrates?
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who can't become a lay magistrate?
ex convicts, those in the army, police or someone who enforces the law, people who've been bankrupt, relatives to lay magistrates
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who are lay people?
jurors and lay magistrates
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who is disqualified from the jury?
previous convicts, mental health issues, someone on bail
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what is a deferral?
when you can defer your jury service for up to a year due to other significant events
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what is an excusal?
when you can be excused as being chosen as a juror for 12 months (only in exceptional circumstances)
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what is jury vetting?
where members of the jury are checked before service
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Other cards in this set

Card 2


what is factual causation?


when it is considered whether the harm would've been caused but for the D's actions.

Card 3


what is legal causation?


Preview of the front of card 3

Card 4


what are commissions? example?


Preview of the front of card 4

Card 5


what is direct intent? which case was it established?


Preview of the front of card 5
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