In general, the criminal liability requires the proof of both actus reus and mens rea before convicting a person. When the necessity for the prosecution to prove mens rea (in the sense of intention, knowledge or recklessness) regarding the actus reus elements of the offence is disregarded, either expressly or impliedly, the offence in question is described as strict or absolute liability offence. What is the distinction (if any) between absolute and strict liability offences? The distinction ...
Two elements comprise nearly all crimes, a guilty mind (mens rea) and a guilty act (actus reus). "An act does not make a man guilty of a crime, unless his mind is also guilty." It is, therefore, not the act which is guilty but respectively the man and his mind. A substantiation of an actus reus is required in every crime. Also, there is a presumption that every element of the actus reus needs proof of a consequent mens rea. Where the presumption of mens rea is not applicable, such offences ar...
"Many losses resulting from tort could be described as economic; the term is usually used to cover losses which are 'purely' economic meaning those where a claimant has suffered financial damage that does not directly result from personal injury or damage to property, as when a product brought turns out to be defective, but does not actually cause injury or damage to other property". Catherine Elliott & Frances Quinn (7th Edition). A plaintiff can claim in negligence if he suffers financial l...
A tort is primarily a civil wrong which is essentially concerned with compensation for damages as a result of the defendants acts or omissions. Unlike other legal concepts, tort aims to compensate the victim rather than punish them as in criminal law. " [1] Many people divide tort law into three rough categories: negligent torts, intentional torts, and strict liability torts. Torts arising out negligence are civil wrongs caused by negligent behaviour or a failure to practice due diligence. Fo...
Worldwide, hundreds of thousands of children under the age of 18 have been affected by armed conflict. They are recruited into paramilitaries, civil militia and a variety of other armed groups. Often they are abducted at school, on the streets or at home. Others enlist "voluntarily", usually because they see few alternatives. According to Amnesty International, international law and in many instances even the countries' national law prohibits the participation of children under 18 years o...
This essay will describe the United Nation (UN) Peacekeeping operation as a form of military intervention to ensure the implementation of comprehensive peace agreements and assist in laying the foundations for sustainable peace (UN Peacekeeping, 2010) in the Democratic Republic of Congo (DRC) due to the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) for the duration of the 30 November 1999 until 30 June 2010 (MONUC Mandate, 2010). In regarding to the MONUC...
Richard Kuklinski Iceman INTRODUCTION At 7:00 he his awoke by the sound of his alarm clock. It was time to get his children ready for school. Richard Kuklinski walks down the staircase and sees his lovely family around the kitchen table. He kisses his wife Barbara on the check and continues to say good morning to his three children Merrick, Christin, and Dwayne. After getting ready, he drops his children off at their prestigious private schools and is off to work. To an outsider, it may seem ...
This essay will seek to analyse the Woolf Reforms and in that context will evaluate the overall qualitative impact that they have had on the Civil Justice system. The essay will discuss the background in which Woolf Reforms were passed, the Woolf Reforms, Impact/intention of the reforms, Objective analysis based on criticism (positives and negatives) and finally the essay will conclude by analysing whether the Woolf Reform has actually succeeded in its definitive goal of reducing cost and del...
Introduction: The concept of avoidance of paying taxes has always had a negative overtone, when it is brought on in a conversation or discussion. The idea behind this concept is for an individual or corporation to avoid paying taxes in a given country, either through legal channels or by using illegal methods. At this point is where there is a separation both in methodology as well as terminology. Illegal methods used in order to sidestep tax duties are typically known as tax evasion methods....
It's a very appreciative step taken by this organization of UN for helping countries torn by conflict and creates conditions worldwide for lasting peace. The first peacekeeping mission was established in 1948 when Security Council authorized the deployment of UN military observers in the middle-east. United Nations peacekeeping operations have traditionally been associated with chapter 6 and a half of the charter. Within this wider context, Peacekeeping operations are consisted with some of c...
