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R V Prince
''Rex v. Prince'', L.R. 2 C.C.R. 154 (1875), was an English case that held the ''mens rea'' necessary for criminal liability should be required for the elements central to the wrongfulness of the act, and that strict liability should apply to the other elements of the statute, such as the believed age of an abductee being irrelevant.Bonnie, R.J. et al. ''Criminal Law, Second Edition.'' Foundation Press, New York, NY: 2004, p. 192 Facts and defence argument Henry Prince was accused of abducting a 14-year-old girl, Annie Phillips, having believed her to be over the age of 16 years old. She claimed to be 18 years old. Such an act was at that time in violation of Article or Section 55 of the relevant statute law, regarding minors. Prince argued that he had made a reasonable mistake in regards to Phillips' age. Despite his excuse for the crime, he was ultimately convicted. Reserved appellate judgment The court certified the defence point as one of wider legal merit and the Court f ...
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Law Of England
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not ...
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Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . 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 element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ...
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Criminal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Liability in business In commercial law, limited liability is a method of protection included in some business formations that shields its owners from certain types of liability and that amount a given owner will be liable for. A limited liability form separates the owner(s) from the business. The limited liability form essentially acts as a corporate veil that protects owners from liabilities of the business. This means that when a business is found liable in a case, the owners are not themselves liable; rather, the business is. Thus, only the funds or property the owner(s) have invested into the business are subject to that liability. If, for example, a limited liabi ...
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Strict Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how carefully the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # bl ...
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Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, whi ...
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Court For Crown Cases Reserved
The Court for Crown Cases Reserved or Court for Criminal Cases Reserved was an appellate court established in 1848 for criminal cases in England and Wales 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 to 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 ( 11 & 12 Vict. c. 78), introduced in the House of Lords by 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 new court. A case that was reserved would then be heard at Westminster Hall at least five judges of the superior courts of common law (from 1875 High Court judges) including at least one among the Lord Chief Justice, Chief Justice of the Common Pleas, or Chief Baron of the Exchequer. The court could only hear appeals on a point of law; it could quash ...
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Kienapple V R
''Kienapple v R'', 9751 S.C.R. 729 is a leading decision of the Supreme Court of Canada that established the rule against multiple convictions known as the ''Kienapple'' principle. Justice Bora Laskin, for the court, held that an accused cannot be convicted of two offences where they both arise out of substantially the same facts. John Edward Kienapple was charged with rape and unlawful sexual intercourse with a female under 14 years of age. At trial he was convicted on both charges. On appeal to the Supreme Court his conviction for unlawful sexual intercourse was overturned. See also * ''R v Prince'' * ''Res judicata ''Res judicata'' or ''res iudicata'', also known as claim preclusion, is the Latin term for ''judged matter'', and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no lon ...'' External links * Full text available alexuman Supreme Court of Canada cases 1975 in Canadian case law Canadia ...
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1875 In Case Law
Events January * January 1 – The Midland Railway of England abolishes the Second Class passenger category, leaving First Class and Third Class. Other British railway companies follow Midland's lead during the rest of the year (Third Class is renamed Second Class in 1956). * January 5 – The Palais Garnier, one of the most famous opera houses in the world, is inaugurated as the home of the Paris Opera. * January 12 – Guangxu becomes the 11th Qing dynasty Emperor of China at the age of 3. He succeeds his cousin, the Tongzhi Emperor, who had no sons of his own. * January 14 – The newly proclaimed King Alfonso XII of Spain (Queen Isabella II's son) arrives in Spain to restore the monarchy during the Third Carlist War. * January 24 – Camille Saint-Saëns' orchestral ''Danse macabre'' receives its première. February * February 3 – Third Carlist War: Battle of Lácar – Carlist commander Torcuato Mendíri secures a brilliant victory, whe ...
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English Criminal Case Law
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ...
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1875 In England
Events January * January 1 – The Midland Railway of England abolishes the Second Class passenger category, leaving First Class and Third Class. Other British railway companies follow Midland's lead during the rest of the year (Third Class is renamed Second Class in 1956). * January 5 – The Palais Garnier, one of the most famous opera houses in the world, is inaugurated as the home of the Paris Opera. * January 12 – Guangxu becomes the 11th Qing dynasty Emperor of China at the age of 3. He succeeds his cousin, the Tongzhi Emperor, who had no sons of his own. * January 14 – The newly proclaimed King Alfonso XII of Spain (Queen Isabella II's son) arrives in Spain to restore the monarchy during the Third Carlist War. * January 24 – Camille Saint-Saëns' orchestral ''Danse macabre'' receives its première. February * February 3 – Third Carlist War: Battle of Lácar – Carlist commander Torcuato Mendíri secures a brilliant victory, when ...
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Forensic Psychology
Forensic psychology is the application of scientific knowledge and methods (in relation to psychology) to assist in answering legal questions that may arise in criminal, civil, contractual, or other judicial proceedings. Forensic psychology includes research on various psychology-law topics, such as: Scientific jury selection, jury selection, reducing systemic racism in criminal law between humans, eyewitness testimony, evaluating Competency evaluation (law), competency to stand trial, or assessing Veteran, military veterans for Veterans benefits for post-traumatic stress disorder in the United States, service-connected disability compensation. The American Psychological Association, American Psychological Association's ''Specialty Guidelines for Forensic Psychologists'' reference several psychology sub-disciplines, such as: Social psychology, social, Clinical psychology, clinical, Experimental psychology, experimental, Counseling psychology, counseling, and neuropsychology. History ...
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