Criminal Law - Elements of Criminal Liability

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Last updated 10:19 PM on 8/1/26
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40 Terms

1
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The two elements of most crimes are ________ and ________.
actus reus; mens rea
2
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The ________ is the guilty act.
actus reus
3
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The ________ is the guilty mind.
mens rea
4
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Actus reus means the external element of the ________.
crime
5
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Mens rea means the mental element of the ________.
crime
6
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Actus reus usually includes conduct, circumstances and ________.
consequences
7
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The physical behaviour of the defendant is called ________.
conduct
8
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A required fact that must exist when the offence is committed is called a ________.
circumstance
9
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The result caused by the defendant's conduct is called a ________.
consequence
10
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Most crimes require both actus reus and ________.
mens rea
11
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A failure to act is called an ________.
omission
12
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A person is not usually liable for an omission unless there is a legal ________.
duty
13
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A duty created by legislation is called a ________ duty.
statutory
14
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A duty may arise because of a ________.
contract
15
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A duty may arise because of a special ________.
relationship
16
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A duty may arise after creating a dangerous ________.
situation
17
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To prove a result crime, the prosecution must prove ________.
causation
18
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The first stage of causation is ________ causation.
factual
19
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The second stage of causation is ________ causation.
legal
20
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The "but for" test is used to prove ________ causation.
factual
21
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If the result would not have happened "but for" the defendant's conduct, factual causation is ________.
established
22
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Legal causation requires the defendant to make a ________ contribution to the result.
significant
23
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The defendant's conduct must be an operating and ________ cause.
substantial
24
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A new event that breaks the chain of causation is called a ________.
novus actus interveniens
25
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The chain of causation may be broken by the victim, a third party or a ________ event.
natural
26
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The defendant must have the required ________ at the time of the offence.
mens rea
27
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The highest level of mens rea is ________.
intention
28
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Intention may be direct or ________.
oblique
29
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Direct intention means the defendant's ________ was to bring about the result.
aim
30
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Oblique intention concerns consequences that were ________ certain.
virtually
31
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The second main form of mens rea is ________.
recklessness
32
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Recklessness requires awareness of an ________ risk.
unreasonable
33
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A reckless defendant knowingly takes an ________ risk.
unjustified
34
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Negligence means failing to meet the required standard of ________.
care
35
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The standard of care is judged by the ________ person.
reasonable
36
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Gross negligence is a very ________ departure from the standard of care.
serious
37
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Actus reus and mens rea must normally exist at the ________ time.
same
38
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A crime requiring a prohibited result is called a ________ crime.
result
39
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A crime focusing mainly on the prohibited act is called a ________ crime.
conduct
40
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The prosecution must prove every element beyond reasonable ________.
doubt