basics ♡

• Define Civil court. Private disputes between individuals or businesses.
• Define Criminal Court: Disputes between the person who has committed a crime and the state.
• What 3 ways can Actus Reus be committed? 1. An act. 2. A failure to act (omission) 3. A state of affairs
• What is conduct crime? Where the conduct itself breaks the law but no outcome is required.
• what is consequence crime? A crime that produces a result through action e.g action resulting in injury.
• What is standard of proof? The minimum amount of evidence required for a party to prove a case and succeed.
• What is the standard of proof terminology in criminal law? Beyond reasonable doubt.
• What is the standard of proof terminology in civil law? Liable or not liable.
• How is factual causation tested? "Tested using the ""but for rule"" But for the actions of the defendant, would the victim have suffered from injury or death?"
• How is legal causation tested? It must be shown, using the de minimus test, that the defendant's actions were a more than minimum cause towards the outcome.
• What is the legal principle in R v Pagett? Forcing the victim to shield Pagett from returning fire contributed significantly to V's death.
• What guidelines must an intervening act follow in order to break the chain of causation? - unreasonable and unforeseeable acts of the victim - actions of a third party - natural but unpredictable events
• What is the term that describes the actions of a third party being so independent from the actions of D that it becomes the offence? Palpably wrong.
• What are the two types of mens rea? - intention (oblique and direct) and subjective recklessness
• What does it mean to look at something in law subjectively? It means to look from a particular person's perspective, usually D.
• What does it mean to look at something objectively in law? It means for look from an average person's perspective aka neutral observer.
• What are the two types of intention? Direct intention Oblique intention
• What does direct intention mean? Where the consequences of a person's actions are desired.
• What does oblique intention mean? Where the consequences of a person's actions are not desired but are a virtual certainty.
• How is oblique intent tested? Was the outcome virtually certain to happen? And did the defendant realise this? If the D didn't realise this, they are not guilty.
• What is the thin skull rule? The defendant will still be liable for the plaintiff's injuries/death even if it was due to a pre-existing yet stable condition.
• What is the contemporaniety rule? The actus reus and mens rea must coincide to make someone guilty of a crime.