SOSC 2652 Lecture Notes - Lecture 5: Family Law, Actus Reus, Mens Rea
31 Oct 2018
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Paradox: democratic principles in a deeply unequal society. Hay: (ideology) maintaining legitimacy through drama and symbolism. Private parties can bring action in disputes. You and other party have to bring all relevant info to the court. Neighbour knew that he was dumping trash on his side of the lawn. Allows retroactivity: can go back in time and pick out crime that they committed in the past that was legal then but is illegal now. Defendant does not have to bring any documentation to the court. Presumption of innocence, defendant does not have to bring any evidence, the prosecution have to bring all the information to prove the case. Causality or the standard of proof is higher. No retroactivity meaning that you cannot go back in time when what was legal at the time is illegal now, cannot be used in court now. Case in which he pleads to using the fifth amendment in us.
