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Concurrence
In Western jurisprudence, concurrence (also contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence of both ("guilty action") and ("guilty mind"), to constitute a crime; except in crimes of strict liability. In theory, if the does not hold concurrence in point of time with the then no crime has been committed. Discussion Suppose for example that the accused accidentally injures a pedestrian while driving. Aware of the collision, the accused rushes from the car only to find that the victim is a hated enemy. At this point, the accused joyfully proclaims his pleasure at having caused the injury. The conventional rule is that no crime has been committed. The ''actus reus'' is complete, and no rule of ratification applies in the criminal law. Whereas in the law of agency, a principal may retrospectively adopt a transaction as if the agent had originally been authorised to conclude an agreement with a third party ("ratification" of the agent' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fagan V Metropolitan Police Commissioner
''Fagan v Metropolitan Police Commissioner'' is a leading case that confirms the need for concurrence (or coincidence) of '' actus reus'' (Latin for "guilty act") and '' mens rea'' (Latin for "guilty mind") in most offences of the criminal law of England and Wales. It also advises realisation that a battery is ongoing will render the omission to act to remove that battery being inflicted a conscious battery, being sufficient ''concurrence''. Facts The defendant, Mr. Fagan, was in his car when a police officer approached him and told him to move his car. In accordance with the directions, Fagan backed his car up, accidentally rolling it onto the foot of the officer. When the officer yelled at him to move his car off his foot, he cursed back at him, told him to wait, and refused to move, which was an act of defiance. At trial, Fagan was convicted of "Assaulting a constable in execution of his duties". Fagan appealed on the grounds that there can be no offence in omitting to a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western World
The Western world, also known as the West, primarily refers to the various nations and state (polity), states in the regions of Europe, North America, and Oceania.Western Civilization Our Tradition; James Kurth; accessed 30 August 2011 The Western world is also known as the Occident (from the Latin word ''occidēns'' "setting down, sunset, west") in contrast to the Eastern world known as the Orient (from the Latin word ''oriēns'' "origin, sunrise, east"). Following the Discovery of America in 1492, the West came to be known as the "world of business" and trade; and might also mean the Northern half of the North–South divide, the countries of the ''Global North'' (often equated with capitalist Developed country, developed countries). [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fagan V
Fagan or Phagan is also a Norman-Irish surname, derived from the Latin word 'paganus' meaning ‘rural’ or ‘rustic’. Variants of the name Fagan include Fegan and Fagen. It was brought to Ireland during the Anglo-Norman invasion in the twelfth century and is now considered very Irish. In some cases it is a reduced Anglicized form of Gaelic Ó Fágáin or Ó Faodhagáin, which are probably dialect forms of Ó hÓgáin (see Hogan, Hagan) and Ó hAodhagáin (see Hagan). Irish lenited f (spelled fh) is soundless. Notable people with the surname include: * Alex Fagan (1950–2010), former chief of the San Francisco Police Department * Andrew Fagan (born 1962), New Zealand singer, writer and songwriter * Ann Fagan Ginger (born 1925), lawyer, teacher, writer, and political activist * Audrey Fagan (1962–2007), former Australian Capital Territory Chief Police Officer * Brian Fagan (born 1936), archaeologist and anthropologist * Carson Fagan (born 1982), Caymanian international footb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Negligence
In criminal law, criminal negligence is a surrogate state of mind required to constitute a ''conventional'' (as opposed to ''strictly liable'') offense. It is not, strictly speaking, a (Law Latin for "guilty mind") because it refers to an objective standard of behaviour expected of the defendant and does not refer to their mental state. Concept To constitute a crime, there must be an ''actus reus'' (Latin for "guilty act") accompanied by the ''mens rea'' (see concurrence). Negligence shows the least level of culpability, intention being the most serious, and recklessness being of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences. Recklessness is usually described as a "malfeasance" where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on state affairs. Privy councils Functioning privy councils Former or dormant privy councils See also * Privy Council of the Habsburg Netherlands * Council of State * Crown Council * Executive Council (Commonwealth countries) * Privy Council ministry * State Council State Council may refer to: Government * State Council of the Republic of Korea, the national cabinet of South Korea, headed by the President * State Council of the People's Republic of China, the national cabinet and chief administrative auth ... References {{DEFAULTSORT:Privy Council Advisory councils for heads of state Monarchy Royal and noble courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentence (law)
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recklessness (law)
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Omission (criminal Law)
In law, an omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an '' actus reus'' and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. In tort law, similarly, liability will be imposed for an omission only exceptionally, when it can be established that the defendant was under a duty to act or duty of care. Criminal law In the criminal law, at common law, there was no general duty of care owed to fellow citizens. The traditional view was encapsulated in the example of watching a person drown in shallow water and making no rescue effort, where commentators borrowed the line, "Thou shalt not kill but needst not strive, officiously, to keep another alive." ( Arthur Hugh Clough (1819–1861)) in support of the proposition that the failure to act does not attract criminal liability. Nevertheless, such failures might be mora ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Assault
Common may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally common land, now a park in London, UK * Common Moss, a townland in County Tyrone, Northern Ireland * Lexington Common, a common land area in Lexington, Massachusetts * Salem Common Historic District, a common land area in Salem, Massachusetts People * Common (rapper) (born 1972), American hip hop artist, actor, and poet * Andrew Ainslie Common (born 1841), English amateur astronomer * Andrew Common (born 1889), British shipping director * John Common, American songwriter, musician and singer * Thomas Common (born 1850), Scottish translator and literary critic Arts, entertainment, and media * ''Common'' (film), a 2014 BBC One film, written by Jimmy McGovern, on the UK's Joint Enterprise Law * Dol Common, a character in ''The Alchemist'' b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Causation (law)
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the '' actus reus'' (an action) from which the specific injury or other effect arose and is combined with '' mens rea'' (a state of mind) to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Background concepts Legal systems more or less try to uphold the notions of fairness and justice. If a state is going to penalize a person or require that person pay compensation to another for losses incurred, liability is imposed according to the idea that those who injure others should take responsibility for their actions. Although some parts of any legal system will have qualities of strict liability, in which the '' mens rea'' is immaterial to the result and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agent (law)
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Succinctly, it may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The recipro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
