Sunday, May 17, 2020

Mens Re An Actus Reus - 1836 Words

Mens rea is a necessary element, alongside an actus reus, in order for a person to be convicted in the majority of crimes. It is required to prove the mens rea in every common law and statutory offence making it a significant part of any case which enters the courtroom. There are two common forms of mens rea; intention, wicked recklessness and negligence. Both of these forms, if proven, constitute as a sufficient mens rea to be criminally liable. Intention – The highest form of mens rea- is more than simple contemplation and is when one person purposely causes harm to another individual. The case of Cunliffe v. Goodman involved a landlord who was intending to pull down a building on the termination of the lease. At the end of the lease, the premises was in bad repair and the landlord requested action to be taken on the tenant for the damage. However, the tenant was under the impression that the building was being demolished and refused to pay for any disrepair. It was found that the tenant was ‘protected from liability to pay damages’ . Wicked recklessness – the ‘total indifference to and disregard for the safety of the public’ In the case of McDowall v. HM Advocate, a man was charged with culpable homicide for driving recklessly. The presiding judge stated that the man had ‘utter disregard for the victims and the fact that he drove with the bonnet in an upright position are factors that the jury were entitled to take into account’ when considering his state of mind atShow MoreRelatedLegal Issues And Judicial Reasoning Of Every Case2540 Words   |  11 PagesMotivated Crime Ordinance.† R.A.V. clearly violated this law. Why did the Supreme Court overturn his conviction? How might the legislature have written this law differently so as to effectively punish behavior like R.A.V.’s? For this answer you should re-draft the St. Paul ordinance so that it can fulfill this purpose and explain how your draft is different from the used to prosecute R.A.V. in this case. On June 21, 1990, R.A.V. and multiple other teenagers allegedly made a cross using chair legs.Read MoreLegal Advice Case Study Essay1362 Words   |  6 Pagesloss of earnings. When deciding on any case where a criminal offence has been committed in English Law it is essential that it is conclusively proven - beyond reasonable doubt. The prosecution must firstly prove that the accused had mens rea, a guilty mind as the general rule is the offence must be voluntary. Although this was clearly an accident. The defence would look towards intention. Did Chris intentionally kick the stone with purpose to injure Dan? If heRead MoreReview for Exam 3 Essay939 Words   |  4 Pagesa pass-through entity or as a separate entity? 8. Most general partnerships pay income taxes as a separate entity or as a pass-through entity? MULTIPLE-CHOICE QUESTIONS 9. The term actus reus is often used to describe a criminal act or mind? The individual must have performed actus*reus (criminal act) with mens*rea (guilty mind). An individual can perpetrate a crime against the corporate employer (e.g., the embezzlement) or for the benefit of the corporation (e.g., pricefixing). 10. Know thatRead MoreAn Omission As A Type Of Actus Reus1891 Words   |  8 Pages1.0. An omission is classified as a type of actus reus . The actus reus is the conduct element of crime, it is actions that are deemed damaging to society. The aim of the law is that it attempts to limit this type of conduct as much as possible. An omission is a failure to act . Common law mainly edges towards the notion that there is no criminal liability for an omission . There is also no crime in, for example, not intervening when a person is assaulting another. It is not an offence to ignoreRead MoreThe Regina Knight Case1974 Words   |  8 Pagesprosecutors might be able to prove that the elements of the particular offence are present. In this criminal case both Actus reus, Mens rea as well causation was clearly shown through the behavior of Katherine Knight. Actus reus is the term referring to ‘guilty act’ meaning any voluntary actions of omissions that constitutes to a crime, it is the physical element of an offence Her Actus reus is shown through her act of stabbing him 37 times and killing him. She also chopped off his head and cooked it withRead MoreSef Gonzales Report Essay1897 Words   |  8 Pagescrime to occur, both elements of the crime, Actus Reus and mens rea must be present. Actus Reus and mens rea are legal terms used to define a crime. Both elements must be present for an accused to be found guilty of a crime (except for strict liability). Mens rea means that the person must have had a guilty mind at the time of committing the crime- that is they must have intended to commit the crime. According to this case, both elements were present. Mens rea occurred when Gonzales had planned theRead MoreBasic Functions of Law: Australia2224 Words   |  9 Pagesthe defendant must be acquitted (not guilty) and cannot ever be re-tried for the same offence (double jeopardy). Juries are used in SA to determine the guilt of the defendant. The defendant may choose to have a trial by jury or judge alone. Before a person can be convicted, two elements must be proven at a trial. These two elements are: Actus Reus: The guilty act. Prosecution must prove that the defendant committed the act. Mens Rea: The guilty mind. Prosecution must prove that the defendant intendedRead MoreLegal Implications Of A Health And Disability Commissioner Essay2292 Words   |  10 Pagesresolve the provider’s conduct and the future quality of the healthcare service (HDC, n.d.). Penalties to the provider may include written apology to the consumer and reimbursements of the consumer’s treatment fee. The provider may be told to undertake re-training to increase competency levels or review affected regions in order to prevent any future breaches of the Code (HDC, n.d.). The Commissioner may also enquire for a peer review which can be observed in the HDC case 13HDC01568 (2015), in whichRead MoreThe English Legal System1255 Words   |  6 Pagesof England and Wales, include criminal law and civil law. Criminal law which manages violations and their results and criminal acts are considered offenses against the entire of a group. The two basic components of crime are known as the â€Å"actus reus† and the â€Å"mens rea†. These two Latin terms signify guilty act (doing what is precluded) and guilty mind (the aim to carry out the wrongdoing. English civil procedure much in like manner to the civil law frameworks of other precedent-based law nat ionsRead MoreQuestions On Letters From Leeds Bradford Airport2049 Words   |  9 Pagesembeddedness as a deep structural principle of the European human rights regime. European Journal of International Law, 19(1), 2008, .pp.125-159 Memorandum To: Supervisor From: Trainee Solicitor Date: 1 May 2016 Re: Orla Fellows Further to your memorandum dated 21 April 2016 I have carried out the research requested. Summary Orla can rely on Article 10 of the European Convention on Human Rights and her Defence is strong to dissolve the case brought

Wednesday, May 6, 2020

Why Does a Lot of Students Feel Sleepy During Class Hours

S.Y. 2012 - 2013 WHY DOES A LOT OF STUDENTS FEEL SLEEPY DURING CLASS HOURS? In partial fulfillment for the requirement in English IV World Literature SUBMITTED BY: SUBMITTED TO: MARCH 2013 ACKNOWLEDGEMENT I dedicate this research work first to my parents who helped me to finish this paper works especially to my mother who help me construct my thoughts. To my adviser for reminding us how to do this research work. To my classmates and schoolmates who answered my survey that helped me a lot. Thank you from the bottom of my heart. God Bless you all! INTRODUCTION Sleep is food for the brain. During sleep, important body functions and brain activity occur. Skipping sleep can be harmful particularly if you are behind the wheel. You†¦show more content†¦The respondents are asked to fill up the data in the survey questionnaire. There are a lot of things that may distract a person as they get more responsibilities. Not like in elementary high school students have a lot of things to do or responsibilities that may cause their sleeping time shorter. DEFINITION OF TERMS * Sleep - is a naturally recurring state characterized by reduced or absent consciousness, relatively suspended sensory activity, and inactivity of nearly all voluntary muscles. * Phases - Carry out (something) in gradual stages. * Expend - Spend or use up (a resource such as money, time, or energy). * Revealed - make (previously unknown or secret information) known to others. * Mismanagement - To manage badly or carelessly. * Deprivation - The lack or denial of something considered to be a necessity * Responsibilities - The state or fact of having a duty to deal with something. REVIEW OF RELATED LITERATURE FOREIGN STUDIES Getting Enough Sleep is No Easy Task for Todays Students By ALINA SAMINSKY 2010, VOL. 2 NO. 02 | PG. 1/1 Take a look inside a high school classroom. You will most likely find a teacher at the front of the class and students sitting at their desks. Yet, look closer, and you might notice a familiar trend: many of these students are not paying attention. Instead, they are dozing off or even completely asleep. Today, an overwhelming majority of high school students are not gettingShow MoreRelatedEmotion 3 I believed I experienced my most embarrass moment of the year was during mid of this600 Words   |  3 Pagesmoment of the year was during mid of this semester where I accidentally walk into the girl’s toilet in college. That day was the day I stay overnight to finish my assignment. Not even enough sleep in the morning really kills me and making me drowsy. After attending few hours of lectures, I had stomach ache and I just could not stand anymore, so I decided to go to the toilet and also to wash my face hoping that I can still hanging there for the next couples of hours. I was so sleepy and dozy; I forgotRead MoreThe Overall Effects of Staying Up Late on University Students10276 Words   |  42 PagesEng 105 Research Topic- The Overall Effects of Staying Up Late On University Students Submitted by: Farhan Rashid Ahmed Ansari ID- 0910711030 SEC-2 Date of Submission- 20.12.2011 Acknowledgement The reason for choosing this particular topic was because of my parents, especially my mother who has taken care of me for all these years. My mother has always ensured that I have proper sleep. Hence, I ended up writing a research paper regarding sleep. I would also like to thank all my respondents forRead MoreEating Breakfast Is The Most Important Meal Of The Day1228 Words   |  5 PagesHow do you feel when you wake up in the morning? Some of you might say really tired, others might say that you feel cranky, or many of you probably might say you are hungry. The hunger you feel is your body demanding food to make it throughout the day. How many think of eating breakfast but still walk out of the house without a single morsel of grain in your tummy? I bet you don’t forget your daily dose of caffeine. A good breakfast consists of staples and mix-ins. Many of you may deny that breakfastRead MoreToday, It Is Common Knowledge That Physical Activity Is1252 Words   |  6 Pages Today, it is common knowledge that physical activity is not only important to our physical health, but it also helps improve our mental health as well. But, if that’s so, then why are Americans reaching record high obesity rates? There is no one simple answer to that question, but there are solutions. Thankfully, Colorado schools have adopted and implemented a policy that requires a certain amount of physical activity in elementary schools. Colorado’s House Bill 11-1069 establish a minimumRead MoreThe Effects Of Sleep On Our Bodies2104 Words   |  9 Pagesitself from the day. According to WebMD people who are 18+ of age should be getting anywhere between 7.5 to 9 hours of sleep. A lot of college students consider themselves lucky to get 5 hours of sleep. A health science professor at the University of Alabama, Adam Knowlden, discovered, â€Å" Sixty percent of the college population gets insufficient sleep.† College students realize they are sleepy but don’t understand all the affects it has on their bodies physically, mentally, and emotionally. So what canRead MoreSleep Journal Essay1745 Words   |  7 Pagesto Psychology 09-28-2012 Sleep Journal Essay College students like myself often put off sleep for other activities like studying, doing homework or even just staying up all night with a friend. Our body follows the twenty-four hour cycle of each day and night through a biological clock called the Circadian rhythm. On the weekdays, staying up all night and skipping meals makes it difficult to focus in class. After lunchtime, I become sleepy and have difficulty focusing on my other classes. In theRead MorePersonal Essay About Moral Self Licensing Essay1457 Words   |  6 Pagesclasses after you get an â€Å"A† on a quiz etc. Similar to rewarding yourself after doing good things. I go to the same high school for six years and it is a girl school. We do have male teachers there, but only 12 out of 75. We have the same class advisor throughout our senior years, and it happens to be a male teacher. He shows his respect and treats us really well. He teaches us as many things as he could, not only the knowledge from textbook, but also the sense of dealing with others, andRead MoreWhy Do We Sleep?1540 Words   |  7 PagesWhy do we sleep? As we all know, one third of our life is spent to sleep, but very few people intend to lay bare the secret of that. There would be a question: why do we sleep? According to the video The Function of Sleep, Tyson states that people are not very clear about the purpose of sleep, but some researchers believe that sleep could enhance memory. MIT researcher Matthew Wilson also illustrates the thoughts of a rat can be read by implanted the electric wire into its brain. According toRead MoreThe Sleeping Habits Among University Student3602 Words   |  15 PagesI. Introduction The amount of sleep is important for one’s mental and physical health, for cognitive restitution, processing and memory consolidation. In order to stay healthy, a person requires 7-8 hours of sleeping in adult age. One study reported the college students are among the most sleep-deprived age group. Sleep deprivation can have detrimental effects on daily performance, including academics and driving, and it has been linked to depressed mood and behavioural problems. The similar researchesRead MoreTardiness: High School and Tardy Student2076 Words   |  9 Pagesï » ¿ TARDINESS OF STUDENTS A Term Paper Presented to: Madam Joeyconsly L. Valeroso English – IV Instructor Tandag National Science High School In Partial Fulfillment of the Requirements in English – IV Presented by: DINESE APPLE JANE C. ARANAL TIRZAH HOPE T. MALIZA BABY JENN L. MORADO Acknowledgement The researchers would like to take this chance to express their gratitude to each one of the researchers’ family members for their support and considerate valued prayers

Tuesday, May 5, 2020

Life Is Like The Movies Essay Example For Students

Life Is Like The Movies Essay Going to the movies is fun. You get your candy and your drink and are taken away into a fictional world for two or three hours, then leave the theater and get back to reality. But is what youre going back to really reality? Plato said no. In the Allegory of the Cave (chapter XXV) in the The Republic he proposes that we all live like people in a movie theater, only he uses prisoners in a cave to illustrate the situation. He creates an image of prisoners, chained down in a cave, so all they could see was shadows created by puppets in front of a fire on the cave wall. Their reality was merely the shadows and it is the same for us (as the common man.) According to Plato, our reality is nothing more than figurative shadows.Everything in the cave can be attributed to a part of society. The fire can be equivocated to unwisdom (229) or even evil, and in society is created by the greed that some have for power over others. It is the driving force behind the entire scheme to misrepresent reali ty. By controlling what people believe is reality, they in turn gain control of the people by telling them what is true and what should be valued, which gives them the power they crave. The fire (greed) is necessary for the shadows to be cast, without it nothing at all could be seen. Without the fire, the puppeteers would have no purpose, no reason to hold the objects up at all. Without the greed for control, societys puppeteers would not have any desire to misrepresent reality. The puppeteers are the manipulators in society (the greedy people). People in a variety of different positions act as the puppeteers. Anyone who tries to skew reality for his or her own personal gain is a manipulator. Religious and business leaders, as well as politicians are all likely candidates for the role of the puppeteers because they often control peoples realities. Religious leaders convince massive amounts of people that their ideas and their religion is reality. Business leaders use advertising campaigns to persuade people into believing their products are the best and will change their lives. Politicians often manipulate issues to make people see them their way. In conjunction with each other, all of these manipulative forces basically dictate societys values.These puppeteers take the objects and let their own greed (fire) distort them, so only a small portion of what is real is revealed (in the form of a shadow). The objects are equivalent to the sermons, the add campaign s and the political agendas of world leaders. Because they have nothing else to look at, the prisoners (society as a whole) believes these shadows of reality to be true, because the manipulators have not given them any other options. When the relationship between the puppeteers and the prisoners is examined more closely, the question of whether or not the manipulators actually know what reality is must be addressed. The answer is that they dont. They still only see what is inside the cave, and the enlightened world exists solely outside of it. Most of them actually believe in what they are promoting, which are essentially just artificial objects (228). Platos Theory of Forms explains that one can only have beliefs and opinions about material thing, and the only thing that one can know is science (and universals.) Because these objects cant be known, they cant be a part of the universal reality that exists outside of the cave or as in society beyond the boundaries of the material, ma nmade world. In the Allegory as in life, the only people that are enlightened (who know the true, universal reality) are those who leave the cave somehow, or those who see beyond our material world. .u9193f73d367a8aaff3b219646970ba92 , .u9193f73d367a8aaff3b219646970ba92 .postImageUrl , .u9193f73d367a8aaff3b219646970ba92 .centered-text-area { min-height: 80px; position: relative; } .u9193f73d367a8aaff3b219646970ba92 , .u9193f73d367a8aaff3b219646970ba92:hover , .u9193f73d367a8aaff3b219646970ba92:visited , .u9193f73d367a8aaff3b219646970ba92:active { border:0!important; } .u9193f73d367a8aaff3b219646970ba92 .clearfix:after { content: ""; display: table; clear: both; } .u9193f73d367a8aaff3b219646970ba92 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u9193f73d367a8aaff3b219646970ba92:active , .u9193f73d367a8aaff3b219646970ba92:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u9193f73d367a8aaff3b219646970ba92 .centered-text-area { width: 100%; position: relative ; } .u9193f73d367a8aaff3b219646970ba92 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u9193f73d367a8aaff3b219646970ba92 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u9193f73d367a8aaff3b219646970ba92 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u9193f73d367a8aaff3b219646970ba92:hover .ctaButton { background-color: #34495E!important; } .u9193f73d367a8aaff3b219646970ba92 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u9193f73d367a8aaff3b219646970ba92 .u9193f73d367a8aaff3b219646970ba92-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u9193f73d367a8aaff3b219646970ba92:after { content: ""; display: block; clear: both; } READ: Piaget Theory EssayThe prisoner who is set free and ascends into the light experiences a great deal of pain, Suppose one of them set free and forced suddenly to stand up.and walk with eyes lifted to the light, all these movements would be painful. (229) Imagine the shock that would come from realizing that the whole world as one knew it