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All main topics / Law / Criminal Law

Crim 1L (28 Cards)

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Actus Reus
1. Bodily movement that is a product of the effort or determination of the actor, either conscious or habitual
2. time framing
3. Omissions count only if duty, but people must have capacity to act, omission must be blameworthy, status is not an act

DUTY
1. special relationship
2. contractual relationship
3. statutory duty
4. omission following an act of creating harm or assuming care
Tags: Basic Elements
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Mens Rea
1. purpose
2. knowing
3. reckless
4. negligent (higher standard than torts)

If none listed, at least reckless
If one listed, per MPC applies to all circ.; per common law applies only to main one and look at legis intent
Tags: Basic Elements
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But for Cause
But for D's act, would victim have died when he did?

Also, concurrent sufficient, acceleration, concurrent insufficient
Tags: Basic Elements
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Proximate Cause
LaFave/Scott foreseeability test:

Coincidental?  Foreseeable
Responsive?  Not abnormal

Remember also if there is an omission w/ duty, may be superceding intervening cause.

Apparent safety

Free deliberate informed human intervention
Tags: Basic Elements
Source:
Flashcard set info:
Author: stgillian
Main topic: Law
Topic: Criminal Law
Published: 26.03.2010
Tags: Cases
 
Card tags:
All cards (28)
Accomplice (5)
Attempt (4)
Basic Elements (4)
Defenses (1)
Homicide (5)
Legality (2)
Rape (4)
Self Defense (2)
Topics (1)
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