LS101 Lecture Notes - Indian Act, Mens Rea, 2013 Constitution Of Fiji
15 Dec 2013
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What are some key features of the indian act, and what makes it so contentious? (define contentious debatable) Threshold of probable guilt: there is a lower threshold, you can only be found guilty in a probable" sense. In criminal law must be prove both mens rea (evil intent) and actus rea (evil act); beyond a reasonable doubt. Develop according to social needs i. e. case against mcdonald"s and the hot coffee. Intent to commit harm: physical or mental injury. Financial loss: damage (to property or reputation, assault and battery. 5 features that must be proven: negligent act. Foreseeable harm: causation, damage, duty of care threshold is spread really thin, remoteness of damage. Conflict management - responds to grievances: deliberation, decisional, responsible for prioritizing, adjudicative. Support executive and judiciary: balance powers (federal powers s. 91 & provincial powers s. 92 of the canadian constitution, representative. You can"t represent the interests of everyone only the majority and you"re ignoring the minority.
