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LAW REVISION - Coggle Diagram
LAW REVISION
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OFFENCES OF STRICT LIABILITY DO NOT REQUIRE MENS REA FOR ATLEAST PART OF THE ACTUS REUS. EXAMINE THE MEANING AND SIGNIFICANCE OF FAULT WITHIN CRIMINAL LAW, AND DISCUSS THE EXTENT TO WHICH OFFENCES OF STRICT LIABILITY CRIMINALIZE THOSE WHO ARE NOT AT "FAULT"
STRICT LIABILITY: when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action.
"FAULT": Fault, as a legal term, refers to legal blameworthiness and responsibility in each area of law. It refers to both the actus reus and the mental state of the defendant. The basic principle is that a defendant should be able to contemplate the harm that his actions may cause, and therefore should aim to avoid such actions.
MENS REA: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.
ACTUS REUS: action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.
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JUDICIAL PRECEDENT
Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity.
RATIO DECIDENDI: The ratio decidendi of a case is the principle of law on which a decision is based. When a judge delivers judgement in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and arrives at a decision, for which he gives the reason (ratio decidendi).
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The term fault refers to a wrongdoing or someone's culpability of an offence. There are areas's of English law that are based on fault and there are those that are not. An example of the law being related to fault can be seen through the mens rea. In criminal law, there is a general presumption that when a crime is of a "truly criminal" nature, there can
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