2000 CASE DIGESTS C R I M I N A L L A W SUMMARY OF DOCTRINES JUSTIFYING CIRCUMSTANCES Self-Defense The invocation of self-defense is an admission of the killing and its authorship. By this admission‚ the burden of proof shifts to the accused who must establish all elements of the justifying circumstance. The nature and number of wounds inflicted disprove the plea of self-defense because they demonstrate determined effort to kill and not just defend himself. (People v. Magayac
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Criminal Law 2 Homicide 1. Murder a. Actus i. Act or omission must have caused the death (s 18(1)(a) CA) b. Mens i. No punishment shall be incurred by person who kills by misfortune only (s 18(2)(b)) ii. Intention to kill or inflict GBH(s 18(1)(a)) 1. Requirement that D has actual awareness of consequences of actions (Aiton) 2. Subjective test: Conscious purpose‚ decision not desire (Hyam) 3. Foresight of certainty (Woollin) 4. Knowledge of chance of consequences fulfils malice requirement
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Functions and Role of Law in Business and Society Law plays a significant role in the operation of business in society. Laws provide rules of conduct and ethical standards that regulate social behavior. Without these rules and standards‚ society would not be able to efficiently run and the business world would virtually end (Bushman‚ 2007). What is Law Law has been defined in many ways. A body of rules of action or conduct prescribed by a controlling authority‚ and having legal binding force
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‘Thinking About Crime’ What are the main strengths and weaknesses of official crime statistics and victimisation surveys? Looking at Crime Statistics and Victimisation Surveys can be very helpful when looking at the rates in which crimes are committed and the annual crime rate throughout the UK. This essay will cover the strengths and weaknesses of Official Crime Statistics and Victimisation Surveys. This will show if the strengths and weaknesses contradict each other. Presented within this
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Roles and Functions of Law in Business and Society LAW-421 May 6‚ 2013 Roles and Functions of Law in Business and Society Law is a necessity in business and society. Law has been defined as “A body of rules of action or conduct prescribed by a controlling authority and having legal binding force” (Melvin‚ p. 4‚ 2011). Laws are essentially common sense or ethical standards that are enforced. Without laws‚ society would depend on all to be ethically and morally sound‚
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Criminal Law and Procedure Assignment Student Name: Louiszen‚ Yip Hiu Fai Student ID: 10456052 Supposed you were the lawyer acting for Mr. Scissors Lee: 1) At the Trial of Scissors Lee‚ the prosecution would like to produce to the court the caution statements of Scissors Lee as evidence of his confession. Can you write out a list of your objections you will raise with the court to the production of the caution statement at the trial? ANS: Upon the production of the caution statement
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Roles and Functions of Law According to Merriam Webster law is “a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority” (Merriam). Law has many roles and functions within business and society. Some of the roles of laws set rules of conduct and ethical standards for business and society. Laws also provide a means to settle disputes. The law plays many functions such as “peacekeeping; checking government
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16443 March 21‚ 1921 FACTS: When Leona Laciste endeavored to set fire to the house of Martina Rivera in which 2 children of the latter were sleeping‚ the two women grappled and Leona Laciste was boloed to death by Martina Rivera. As a result‚ a criminal prosecution for murder was initiated in the Court of First Instance on La Union. DECISION OF THE LOWER COURT: Guilty of Homicide. ISSUE: Whether or not Martina Rivera is guilty of homicide. DECISION OF THE APPELLATE COURT: Judgment of
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confessions shall in all cases be conducted out of the hearing of the jury.” (Smith) 4. Define burden of proof‚ burden of going forward‚ and burden of persuasion. Burden of proof: is the accuser’s job to prove beyond a reasonable doubt (in a criminal trial) or preponderance of the evidence (in Civil Matters) that a crime has been committed and that the accused did in fact commit said crime. (Ingram pg.47) Burden of going forward: is the prosecution’s obligation to introduce prima facie evidence
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Court System Structure‚ Function and Jurisdiction Performance Assessment Task 4 Kelly Schoepke Introduction to Criminal Justice Phil Schmidt November 6‚ 2009 Over the years the U.S. court system has evolved into an intricately balanced legal process (Siegel‚ 354). The founding fathers of the nation considered an independent federal judiciary essential to ensure fairness and equal justice for all citizens of the United States. The American judicial system is made up of two separate court
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