WDW101Y1 Lecture : Lecture 4

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blueduck348

15 Mar 2011

School

UTSG

Department

Woodsworth College Courses

Course

WDW101Y1

Professor

David Davies

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Document Summary

Step 2: can the law be justified (saved) in a free and democratic society under s. 1 (r. v. oakes) The rational connection between the objective and the criminal conduct is often well justified and effective. Is the harm caused to whatever rights infringed well justified and not overbroad. Big vs. minimal infringement on charter right; benefit vs. harm. Step 2: if yes, does it do so in a way that is inconsistent with the principles of fundamental justice (overbreadth, vagueness, minimum requirement for mens rea etc. ) Laws that violate s. 7 cannot be saved under s. 1; therefore no s. 1 or oakes analysis. Actus reus + mens rea (physical element + mental element), (criminal act +criminal intent) Could be more than one element to the act reus. Might specify a particular consequence (might specify causation) Might specify a particular circumstance (absence of consent) Example: participating in the activities of a terrorist group.

Related Questions

Even-handed enforcement of contracts fuels economic prosperity because it

A permits individuals to invade or infringe on the property rights of others.

B increases transaction costs.

C increases market uncertainty and the probability of contract violations.

D promotes gains from trade by minimizing the costs of entry and enforcement of contracts.

azuredog78

In Gideon v. Wainwright (1963) Clarence Gideon couldnot afford - and was denied - legal representation in his casebased on the Florida statute that only afforded criminal suspectscourt appointed attorneys in capital cases. The SCOTUS ruled thatunder the 6th Amendment

	A.	the U.S. Constitution does not distinguish between capital andnon-capital crimes under the 6th Amendment's protection for theindividual to "have the assistance of counsel"
	B.	citizens have a right to privacy and Gideon's right to privacywas violated by the police
	C.	Gideon's individual rights are subordinate to the principle ofprotecting the public for the greater good and it is thereforejustified to violate the individual liberties of citizens undercircumstances where the greater good for society is well served
	D.	Gideon had a right to an abortion, to read Huslter magazine andsmoke marijuana
	E.	Gideon was guilty even with legal representation

cerisepug385

Consider each of the transactions below. All of the expenditures were made in cash. The Edison Company spent $21,000 during the year for experimental purposes in connection with the development of a new product. In April, the Marshall Company lost a patent infringement suit and paid the plaintiff $6,500. In March, the Cleanway Laundromat bought equipment. Cleanway paid $15,000 down and signed a noninterest-bearing note requiring the payment of $22,500 in nine months. The cash price for this equipment was $34,000. On June 1, the Jamsen Corporation installed a sprinkler system throughout the building at a cost of $37,000. The Mayer Company, plaintiff, paid $21,000 in legal fees in November, in connection with a successful infringement suit on its patent. The Johnson Company traded its old machine with an original cost of $11,900 and a book value of $5,700 plus cash of $9,800 for a new one that had a fair value of $12,700. The exchange has commercial substance. Required: Prepare journal entries to record each of the above transactions. (If no entry is required for a transaction/event, select "No journal entry required" in the first account field.)

rosechimpanzee967

WDW101Y1 Lecture : Lecture 4

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