Criminal law exam checklist

  • What is actus reus and mens rea?

    What is criminal law? The criminal law sets out the definitions of criminal offences and the rules and procedures that apply when: the police investigate an offence they allege you have committed. the prosecuting authorities charge you, and. you must appear in a criminal court..

  • What is the test for direct intention?

    Distinguish between Preparation and Attempt
    The preparation steps include contemplating, devising, or planning the procedure needed to carry out the crime.
    In contrast, an attempt to commit a crime starts as soon as the preparation is finished.
    Preparation is not punishable by law.
    An attempt is punishable by law..

  • What is the test for oblique intent?

    What is criminal law? The criminal law sets out the definitions of criminal offences and the rules and procedures that apply when: the police investigate an offence they allege you have committed. the prosecuting authorities charge you, and. you must appear in a criminal court..

  • What is the test for recklessness?

    Direct intention is where it is the defendant's aim or purpose to bring about the result.
    Intention may alternatively be found through a direction asking whether the consequence was a virtually certain one and the defendant appreciated such..

  • Which course is best for criminal law?

    For recklessness, a subjective test is applied to determine whether accused wilfully took an initial action that is inherently risky (such as drinking alcohol) but an objective test is applied to determine whether the commission of the actus reus could be foreseen (by a reasonable person)..

  • Which course is best for criminal law?

    The Court of Appeal held that the test for indirect/oblique intention was foresight (awareness) of a substantial risk of death or serious harm.
    If this could be established, intention could be inferred..

  • Which course is best for criminal law?

    Two key ideas in criminal law—actus reus and mens rea—are essential for proving criminal responsibility.
    Mens rea refers to the offender's mental state at the time of the crime, whereas actus reus relates to the physical act of committing a crime..

Crimes Against Property

Arson: malicious burning of the dwelling of another.

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Defenses

Self-defense: A defendant may use deadly force if he reasonably believes he is facing a threat of imminent death or serious bodily harm and is not the initial aggressor.
Common law required a defen.

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Homicide

Murder: causing the death of another human being with malice aforethought.

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How do I identify issues and relevant facts in a criminal case?

Identifying the issues and relevant facts means that you will need to work out in general terms what area of criminal law the question is about.
Most will concern some particular issue of the actus reus (AR)/MR of an offence or whether the defendant has the benefit of a defence.
The facts of problem questions will not reflect decided cases exactly.

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How do I prepare for a legal exam?

Closer to the time of the exam, consolidate your material as much as possible.
You could prepare two separate lists for each topic
.
One list is a checklist of the main points to be considered when an- swering any question on that topic.
The second is a list of the key cases and the key legal principle the case contains.

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Identification Procedures

Challenging identification procedures.
1) Right to counsel under the Sixth Amendment: the defendant has a right to counsel for post-charge lineups and showups, but not for photo identifications, fingerprinting, DNA samples, etc.
2) Due process violation: the defendant may challenge an identification procedure by saying it is so unnecessarily suggest.

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Interrogation and Confessions

Fourteenth Amendment due process

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Introduction

Introduction: need a guilty act, guilty mind, causation, and concurrence.

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Other Crimes Against The Person

Assault:attempted battery, or intentional infliction of apprehension.

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Parties to A Crime—Accomplice Liability

Vocabulary: The principal is the one that commits the crime.
The accomplice assists or encourages with the intent that the crime is committed.
An exception to accomplice liability is “necessary par.

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Search and Seizure

Application of the Fourth Amendment.
1) The Fourth Amendment protection against unreasonable searches and seizures applies when a government agent conducts a search or seizure when someone has a reasonable expectation of privacy. 1.1.
A person only has standing to challenge a search if that particular personhas a reasonable expectation of privacy in.

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Why is exam technique important in criminal law?

The importance of exam technique cannot be overstated.
Criminal law is a very technical subject, and answers can appear muddled if they are not properly planned and structured.
The general structure of actus reus, mens rea, and defences should be adopted.


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