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Law > Actus Reus > Flashcards

Actus Reus Flashcards

1
Q

What 3 things can the actus reus be

A

An act
An omission
A state of affairs

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2
Q

Does Actus Reus have to be committed voluntarily

A

Yes

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3
Q

What is the case showing that Actus Reus has to be committed voluntarily

A

Hill v Baxter

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4
Q

What is the case showing it doesn’t matter if the Actus Reus was involuntary

A

Larsonner

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5
Q

What are the 5 circumstances where there is a duty to act (omission)

A

Contractual Duty
Public Position
Special Relationship
Voluntary Relationship
Failure to control dangerous situation

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6
Q

What are the 6 circumstances where there is a duty to act (omission)

A

Contractual Duty
Public Position
Special Relationship
Voluntary Relationship
Failure to control dangerous situation
Statutory Duty

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7
Q

What is the case example for Contractual Duty (omission)

A

Pittwood

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8
Q

What is the case example for Public Position (omission)

A

Dytham

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9
Q

What is the case example for Special Relationship (omission)

A

Gibbons and Proctor

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10
Q

What is the case example for Voluntary Position (omission)

A

Stone and Dobinson

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11
Q

What is the case example for Failing to Control Dangerous Situation (omission)

A

Miller

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12
Q

What is the example for Statutory Duty (omission)

A

Road Traffic Act 1988 - s170

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13
Q

What is the first step of causation and when happens in it

A

Factual Casuation
‘But for’ test

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14
Q

What are the two cases for the but for test

A

White
Pagett

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15
Q

What case stated that factual causation is not enough

A

Hughes

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16
Q

What does the de minimis rule mean

A

D’s conduct must be more than minimal

17
Q

What is the case for the de minimis rule

A

Benge

18
Q

What is another case for de minimis rule and what does it say

A

Kinsey says de minimis means ‘more than a slight or trifling link’

19
Q

What case shows the thin skull rule

A

Blaue

20
Q

What three things can break the chain of causation

A

A third party act
Victims own act
A natural or unpredictable event

21
Q

What are the three cases for a third
Party act

A

Smith
Jordan
Cheshire

22
Q

What are the 2 cases for the victims own act breaking the chain of causation

A

Roberts
Williams

Law (11 decks)

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