Criminal Law Foundations Evaluations University of Phoenix CJA/484 January 8‚ 2013 Introduction The United States Constitution was created to establish the new government after the colonies and early settlers broke free from the reign of England. This document established the foundation of the federal government that still stands today. The Constitution is focused on providing both liberty and prosperity to citizens of the new state (U.S. Const. pmbl.‚ 1787). In an effort to avoid
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are the authority and principles on which the three law codes are based? Hammurabi’s code is an eye for an eye. You do something to someone that is what your punishment is‚ no exceptions. Hittite laws are based on different crimes deserve different punishments. The Laws of the Hebrews were based on equal rights to ensure moral rights. They later were known as the ten commandments. 2. How are the law codes similar and dissimilar? Hittite laws were less humane compared to Hammurabi’s code. Only severe
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Week 5 Individual Work Diane Emler Everest University Online CJL 3215-6 Concepts of Criminal Law William Elfo August 17‚ 2013 The Choice of Evil Defense is also called the General Defense of Necessity. This defense justifies an act that may be a crime but is done to prevent a greater evil. “the choice of evil’s defense consists of proving that the defendant made the right choice‚ the only choice—namely‚ the necessity of choosing now to do a lesser evil to avoid a greater evil” (Samaha‚ 2014). The
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LAW 209 FINAL EXAM MAY 18‚ 2012. PROF. URIEL INSTRUCTIONS: THIS EXAM IS DUE TO ME NO LATER THAN 11:59 PM ON MAY 22‚ 2012. THE EXAM IS OPEN BOOK‚ BUT YOU MAY NOT COLLABORATE WITH ANY OTHER STUDENT. THE CHAPTERS TESTED ARE SEVEN THROUGH 13. YOU ARE REMINDED TO INCLUDE ANY EXTRA CREDIT AT THE END OF THE EXAM. WRITE YOUR ANSWERS AS A SEPARATE DOCUMENT AND EMAIL THEM TO ME AT JURIEL@JJAY.CUNY.EDU QUESTION 1: Albert has long wanted to smoke Cuban and Nicaraguan cigars. Believing that it is illegal
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Midterm Criminal Law State v. Doug Homicide: The unlawful taking of the life of one human being by another. Actual Causation : The defendant’s act must have been the “cause in fact” of the victim’s death. Without the defendant’s actions‚ the victim would not have died. “But for” Doug shooting and killing Tom‚ he would not have died. Proximate Causation: A defendant’s actions are the proximate cause of the victim’s death if the result occurs as a consequence of the defendant’s
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Common law versus civil law systems The two principal legal systems in the world today are those of civil law and common law. Continental Europe‚ Latin America‚ most of Africa and many Central European and Asian nations are part of the civil law system; the United States‚ along with England and other countries once part of the British Empire‚ belong to the common law system. The civil law system has its roots in ancient Roman law‚ updated in the 6th century A.D. by the Emperor Justinian and adapted
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Attempt is defined as having the intent to commit a crime and taking a step beyond mere preparation toward the completion of the crime. There are several tests to determine if an attempt was actually committed. The Last Act This is under common law and rejected by almost all jurisdictions as of date. This test says that in order to complete an attempt the individual must have taken the last step necessary for the completion. EX. Firing the gun. Last Proximate Act In order to prove attempt
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Week 2 Mens Rea The defendant’s mental state. Mens Rea and Actus Reus are necessary for a crime; apart from in strict liability crimes when mens rea is not necessary. Different crimes have different mens rea. Example: murder requires intention to cause death or GBH. Sometimes an offence will have different mens rea for different aspects of the crime. Example: rape needs intention to commit sexual intercourse but only needs recklessness as to whether the victim is consenting
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Subjects of civil law Two main types: * natural persons * legal persons (or artificial person) * Third category: “handicapped legal person”- ułomna osoba prawna Legal personality Notion connected with: * Legal capacity - ability to become the subject of rights and obligations * Capacity for legal acts - ability of obtaining rights and acquiring obligations by the person’s own actions Legal personality – legal person * Legal persons always have: * legal capacity
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have studied and suggested what factors drive growth. Due to the important role played by the law in the finance sector‚ economist and policy makers argued that the legal system can have a major influence on a country’s economic prosperity. This leads us to the main topic of this research essay. The aim of this essay is to compare the strengths and weaknesses of the common law system with the civil law system with reference to economic prosperity. The first section will explain the connection between
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