CC102 Lecture Notes - Lecture 2: Identity Theft, Precedent, Actus Reus
Document Summary
Crime: an act or omission that is prohibited by criminal law. Omission: failing to report child abuse or failing to provide the necessities of life. Criminal law: the body of law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government. A key component of the criminal justice system is the rule of law, which was first established in the magna carta in england in 1215. Actus reus (the act of doing something) mens rea (guilty intent or guilty mind) The canadian legal system is a common law system. Common law is law that is based on custom, tradition, and practice and is generally unwritten. Significant difference between criminal law and civil law. Difference is the standard of proof required to convict someone. Criminal (public): must prove is guilty beyond a reasonable doubt. Civil (tort private): liability is determined based off the balance of probabilities.
