Law Quiz Terms

Question 1

Men’s rea

Answer 1

A guilty mind, planned/deliberate

Question 2

Actus reus

Answer 2

Criminal intent, the guilty/physical act

Question 3

General intent

Answer 3

To commit a wrongful act for its own sake with no its purpose/motive

Question 4

Specific intent

Answer 4

Intent in addition to the general intent to commit the crime.

Committing one wrongful action to accomplish another

Question 5

Intent

Answer 5

State of mind which an act is done or not

Question 6

Motive

Answer 6

What prompts a person to commit an act or not

Question 7

Willful blindness

Answer 7

Bring wilfully blind to the consequences of your actions

Suspects a criminal outcome but does not ask the questions to confirm

Question 8

Strict liability

Answer 8

The accused will be convicted unless it is demonstrated that they acted with due diligence.
Guilty despite intent.

Question 9

Due diligence

Answer 9

Acted as any reasonable person would under the circumstances.

Question 10

Absolute liability

Answer 10

No defence, fault is not an issue and the accused will be convicted based on the actus rea of the offence.

Question 11

CCC

Answer 11

The main body of criminal law that identifies hundreds of acts that are considered criminal.

Offences listed in the code are worded precisely so citizens are not wrongfully attested

Question 12

Summary offence

Answer 12

Less serious offence

Ex. Public nudity, animal cruelty, trespassing.

Question 13

Indictable offence

Answer 13

A more serious offence, greater than $5000

Ex. Perjury, arson and murder

Question 14

Hybrid offence

Answer 14

Seriousness varies according to the circumstances of the offence

Ex. Theft under $5000, public mischief, and sexual assault

Question 15

Homicide

Answer 15

Killing another human directly or indirectly.

Question 16

Culpable homicide

Answer 16

Killing that the accused can be held legally responsible

Ex. Murder, infanticide and manslaughter

Question 17

Non-culpable homicide

Answer 17

Killing for which the accused can not be held legally responsible

Ex. Accident, soldier under orders during war, and self defence

Question 18

First degree Murder

Answer 18

Murder is planned and deliberate
25 years before parole.

Question 19

Second degree murder

Answer 19

Murder that doesn’t fit into any other category but is still intentional.
- less than first degree murder

10 years before parole

Question 20

Manslaughter

Answer 20

Killing someone through a wrongful act, even if unintentional

Question 21

Assault
(Level one)

Answer 21

Hybrid offence max 5 years imprisonment.

A physical act
Ex. Pushing someone or threatening them with violence

Question 22

Assault with a weapon of causing bodily harm
(Assault level 2)

Answer 22

Injured a person in a way that had serious consequences for the victims health
Can involve carying, using or threatening to use a weapon.

Hybrid offence max 10 years imprisonment

Question 23

Aggravated assault
(Assault level 3)

Answer 23

Most violent
Indictable offence max 14 years imprisoned
Defined as harming maiming disfiguring or endangering the life of a victim

Question 24

Hung Jury

Answer 24

When members of a jury are unable to come to an agreement on whether or not the accused party is guilty beyond a reasonable doubt

Question 25

Negativing

Answer 25

Raises reasonable doubt about whether an accused committed the actus reus of an offence nor had the necessary men’s rea to support the conviction

Question 26

Affirmative

Answer 26

The accused should be excused from the punishment because criminal conduct was the only reasonable option. Accused criminal act was justified in the circumstances.

Question 27

Mistake of fact

Answer 27

Depends on the accused not having the men’s rea. - assumes that the mistake was honest and reasonable

Question 28

Mistake of age

Answer 28

Accused honestly believed that the complainant was at or above the age of consent. Accused took all reasonable steps to ascertain her age.

Question 29

Mistake of law

Answer 29

The accused did not know their action was against the law

Question 30

Acid test

Answer 30

Would the person have not committed the offense if they had known the true fact.

Question 31

Colour of right

Answer 31

An honestly held belief in entitlement to property A defence to a charge of theft typically

Question 32

Automatism

Answer 32

A defence based on a claim that one’s actions were made while their mind was dissociated from their body. Needs reverse burden of proof - sleepwalking, stroke, hypothermia, shock/trauma, concussion, and reflex actions.

Question 33

Necessity

Answer 33

Everyone is justified in using as much motive as is reasonably necessary

Question 34

Double jeopardy

Answer 34

Any person charged with an offence has the right to not be tired or punished for the same crime.

Question 35

ICC

Answer 35

International criminal court Brought into play as the need for a permanent independent criminal court was needed to punish crimes against humanity. 1. Genocide 2. Crimes against humanity 3. War crimes 4. Crimes of aggression

Question 36

Rome statue

Answer 36

Established the ICC which gave rise to a court that could prosecute the most serious international crimes and aid national jurisdiction in carrying out Justice.

Question 37

Voir dire

Answer 37

A mini heading held during a trial on the admissibility of challenged evidence.

Question 38

Jury

Answer 38

A body of 12 people sworn to give a verdict in a legal case on the basis of evidence submitted to them in court.