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What are those two elements? Explain fully with complete details (1) the performance of a prohibited act and (2) a specified state of mind, or intent, on the part of the actor. Additionally, to establish criminal liability, there must be a concurrence (agreement) between the act and the intent.
The Criminal Act—In criminal law, a prohibited act is referred to as the actus reus, or guilty act. In some cases an act of omission can be a crime, but only when a person has legal duty to perform the omitted act, such as filing a tax return.
State of Mind—A wrongful mental state, mens rea is also typically required to establish criminal liability. The mental state, or intent, is indicated in the applicable statute or law. Murder, for example, involves the guilty act of killing another human being, and the mental state is the desire, or intent, to take another’s life. When analyzing criminal law problems, students must always look for these two major elements: Guilty Mind and Guilty Act (mens rea) and (actus rea)
44: There are two areas of constitutional law students must know well in order to be successful on a constitutional law test. What are those two …show more content…
- Character Evidence
49: What must you underline in order to understand the fact pattern in a real property question?
-The language from the conveyance, or what we transfer the property with: the deed or the will. If this information is included, it will be important.
-Any dates, as they will usually be significant.
-A reference to the rule against perpetuities might be a factor in the problem
50: What are the five key areas of property law that define the type of property? Please explain each.
1: Acquisition of property involves giving land as a gift; adverse possession; deeds; lost, mislaid, and abandoned property; bailment and license.
2: Estates in land involve fee simple, life estate, future interest, concurrent interest, and leasehold estates.
3: Conveyance of interest in land involves estoppel by deed, quitclaim deed, and …show more content…
The one on which to concentrate is the rule of perpetuities.
5: Non-possessory interest in land involves easements, profit, and covenants.
51: Please list the five broad categories of tort law and tort liability
I. Intentional torts
II. Negligence
III. Strict liability: claims arising from abnormally dangerous activities; the rule of Rylands v. Fletcher and other common law strict liability claims; defenses
IV. Productsliability:claimsagainstmanufacturersand others based on defects in manufacture, design, and warning; and defenses
V. Other torts
52: What is the starting point in the analysis of torts questions?
: “What is the theory of this case? Is this case an intentional tort theory? Is it negligence? Is it strict liability?”
53: Students should note and think through the __________________ before evaluating the possible answers to a question
-Theory
54: In a negligence, case there will always be a question of _______________.
-Duty
55: Please answer completely and in accordance with your handbook. What are the key differences between civil law and criminal law
CIVIL LAW
Party who brings suit: Person who suffered
The Criminal Act—In criminal law, a prohibited act is referred to as the actus reus, or guilty act. In some cases an act of omission can be a crime, but only when a person has legal duty to perform the omitted act, such as filing a tax return.
State of Mind—A wrongful mental state, mens rea is also typically required to establish criminal liability. The mental state, or intent, is indicated in the applicable statute or law. Murder, for example, involves the guilty act of killing another human being, and the mental state is the desire, or intent, to take another’s life. When analyzing criminal law problems, students must always look for these two major elements: Guilty Mind and Guilty Act (mens rea) and (actus rea)
44: There are two areas of constitutional law students must know well in order to be successful on a constitutional law test. What are those two …show more content…
- Character Evidence
49: What must you underline in order to understand the fact pattern in a real property question?
-The language from the conveyance, or what we transfer the property with: the deed or the will. If this information is included, it will be important.
-Any dates, as they will usually be significant.
-A reference to the rule against perpetuities might be a factor in the problem
50: What are the five key areas of property law that define the type of property? Please explain each.
1: Acquisition of property involves giving land as a gift; adverse possession; deeds; lost, mislaid, and abandoned property; bailment and license.
2: Estates in land involve fee simple, life estate, future interest, concurrent interest, and leasehold estates.
3: Conveyance of interest in land involves estoppel by deed, quitclaim deed, and …show more content…
The one on which to concentrate is the rule of perpetuities.
5: Non-possessory interest in land involves easements, profit, and covenants.
51: Please list the five broad categories of tort law and tort liability
I. Intentional torts
II. Negligence
III. Strict liability: claims arising from abnormally dangerous activities; the rule of Rylands v. Fletcher and other common law strict liability claims; defenses
IV. Productsliability:claimsagainstmanufacturersand others based on defects in manufacture, design, and warning; and defenses
V. Other torts
52: What is the starting point in the analysis of torts questions?
: “What is the theory of this case? Is this case an intentional tort theory? Is it negligence? Is it strict liability?”
53: Students should note and think through the __________________ before evaluating the possible answers to a question
-Theory
54: In a negligence, case there will always be a question of _______________.
-Duty
55: Please answer completely and in accordance with your handbook. What are the key differences between civil law and criminal law
CIVIL LAW
Party who brings suit: Person who suffered