Law 2101 Study Guide - Quiz Guide: Special Relationship, The Offence, Mens Rea
Document Summary
Case study 1: emanuel and his plank (case similar to english case r v dudley and stephens 1884) Bipartite system (common law countries: actus reus, commission/omission, wrongful, mens rea, descriptive (intention/negligence, normative (blameworthiness) Both elements must be fulfilled and have to coincide. Tripartite system (civil law countries: offence definition. Objective element + subjective element: wrongdoing, blameworthiness, distinction between justifications (self-defense and necessity may remove wrongdoing) and excuses (insanity or threat may remove blameworthiness). Case study 2: unfortunate bob and the police. Absence of voluntary control does not qualify as criminally relevant conduct. Vis absoluta: harmful conduct is not willed, therefore not liable (bob di not will the harmful conduct, which therefore was not voluntary). Tripartite system: the offence definition is not fulfilled due to vis absoluta. Bipartite system: the actus reus is not fulfilled due to vis absoluta. Case study: bratty appellant v attorney-general for northern ireland, house of lords (1963)
