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R V Faulkner
''R v. Faulkner'' (1877) is a key reported appeal the Court for Crown Cases Reserved: holding that the ''mens rea'' for committing one criminal act does not necessarily transfer to all possible, potentially in other ways criminal, consequences of that act. Decision The defendant was employed on a ship transporting rum, sugar, and cotton. He was not allowed into the cargo hold, but he entered it, poked a hole in a barrel of rum, and drank some of it; to see while plugging this, he lit a match. The rum caught fire and destroyed the ship. The trial court found the defendant guilty of larceny for the rum and arson Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wat ... for the ship. The Court for Crown Cases Reserved quashed the latter conviction based on unlawful (improper) jury i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinaril ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cox's Criminal Cases
Cox's Criminal Cases are a series of law reports of cases decided from 1843 to 26 June 1941. They were published in 31 volumes from 1846 to 1948. They were then incorporated in the Times Law Reports. For the purpose of citation, their name may be abbreviated to "Cox CC", "CCC" or "Cox".Archbold Criminal Pleading, Evidence and Practice. 1999. p xvi. References {{Reflist External linksCox's Criminal Cases Cardiff Index to Legal Abbreviations. Cardiff University. *Cox's Criminal Cases, vol 1 (1843 to 1846https://books.google.com/books?id=PhotAQAAMAAJ&pg=PR1#v=onepage&q&f=false]vol 2 (1846 to 1848) vol 3 (1848 to 1850https://books.google.com/books?id=7Gg0AAAAIAAJ&pg=PP5#v=onepage&q&f=false], vol 4 (1850 to 1851https://books.google.com/books?id=KnMDAAAAQAAJ&pg=PP5#v=onepage&q&f=false]vol 5 (1851 to 1852) vol 6 (1852 to 1855https://books.google.com/books?id=LXMDAAAAQAAJ&pg=PR4#v=onepage&q&f=false], vol 7 (1855 to 1858https://books.google.com/books?id=fWc0AAAAIAAJ&pg=PR1#v=onepage&q&f=f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court For Crown Cases Reserved
The Court for Crown Cases Reserved was an England and Wales, English appellate court for criminal law, criminal cases established in 1848 to hear references from the trial judge. It did not allow a retrial, only judgment on a point of law. Neither did it create a ''right'' of appeal and only a few selected cases were heard every year. History The Court for Crown Cases Reserved was created by the Crown Cases Act 1848, introduced in the House of Lords by John Campbell, 1st Baron Campbell, Lord Campbell. Under the act, after a conviction, the trial judge in a criminal case could refer the case by way of case stated to the court. A case that was reserved would then be heard by at least five judges, including at least one Chief Justice or Chief Baron. The court could only hear appeals on a point of law; it could quash a conviction, but not order a retrial or alter a sentence. It was superseded by the Court of Criminal Appeal (England and Wales), Court of Criminal Appeal in 1907.Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ....". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Larceny
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law (also statutory law), where in many cases it remains in force. The crime of larceny has been abolished in England, Wales, Ireland, and Northern Ireland, broken up into the specific crimes of burglary, robbery, fraud, theft, and related crimes. However, larceny remains an offence in parts of the United States, Jersey, and in New South Wales, Australia, involving the taking (caption) and carrying away (asportation) of personal property without the owner's consent. Etymology The word "larceny" is a late Middle English word, from the Anglo-Norman word ''larcin'', "theft". Its probable Latin root is ''latrocinium'', a derivative of ''latro'', "robber" (originally mercenary). By nation Australia New South Wales In the st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arson
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving a greater degree of risk to human life or property carrying a stricter penalty. Arson which results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy. A person who commits arson is referred to as an arsonist, or a serial arsonist if arson has been committed several times. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel and directionalize fires, and the detection and identification of ignitable liqui ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Instructions
Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial. Description Jury instructions are the set of legal rules governing how jurors should behave when deciding a case, often addressing with whom jurors may discuss the case and how jurors will decide who is guilty. They are a type of jury control procedure, intended to mitigate potential actions of jurors that may prevent a fair trial; the judge provides these instructions to ensure their interests are represented and nothing prejudicial is said. Use United States Under the American judicial system, juries are often the trier of fact when they serve in a trial. In other words, it is their job to sort through disputed accounts presented in evidence. The judge decides questions of law, meaning he or she decides how the law applies to a given set of facts. Jury instructions are given to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Cunningham
''Regina v. Cunningham'' (1957) is an English Court of Appeal ruling that clarified that indirect, not reasonably foreseeable consequences to a totally distinct, reprehensible, even "wicked" activity would not be considered "malicious" where that is set out as the mens rea for a particular offence. The level of mens rea, by statute, specifically needed to accompany "administration", which it was common ground that negligent release would amount to, of noxious gases. The precedent value of the case has been applied to broadly analogous situations and rules where an enhanced ''mens rea'' is required for a particular class of offence to be proven. Facts The defendant removed a gas meter to steal the money inside. This was the unlawful, reprehensible activity for which a distinct charge and conviction applied. Gas then thus gradually leaked and partially asphyxiated a neighbour. He was charged with violating section 23 of the Offences against the Person Act 1861 that criminalized ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1877 In Case Law
Events January–March * January 1 – Queen Victoria is proclaimed ''Empress of India'' by the '' Royal Titles Act 1876'', introduced by Benjamin Disraeli, the Prime Minister of the United Kingdom . * January 8 – Great Sioux War of 1876 – Battle of Wolf Mountain: Crazy Horse and his warriors fight their last battle with the United States Cavalry in Montana. * January 20 – The Conference of Constantinople ends, with Ottoman Turkey rejecting proposals of internal reform and Balkan provisions. * January 29 – The Satsuma Rebellion, a revolt of disaffected samurai in Japan, breaks out against the new imperial government; it lasts until September, when it is crushed by a professionally led army of draftees. * February 17 – Major General Charles George Gordon of the British Army is appointed Governor-General of the Sudan. * March – '' The Nineteenth Century'' magazine is founded in London. * March 2 – Compromise of 1877: The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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