Premium Essay

Law 03

In:

Submitted By kateeeeee
Words 935
Pages 4
A possible offence for Harry is Unlawful Act Manslaughter; the Actus Reas of unlawful act manslaughter is the unlawful killing of a human being. The prosecution must prove that the defendant has committed an unlawful criminal act which has resulted in the death of the defendant In the case of Lamb there was no initial crime as they believed a bullet could only be fired when it was in the chamber opposite the guns hammer so neither expected it to fire In this case the unlawful act was speeding up and driving directly at Kim making her fear force. As well as fearing unlawful force the initial crime must be dangerous to establish whether it was dangerous the objective test is used, this is whether a reasonable person would recognize the act could at least cause some harm to the victim. In Dawson the defendant attempted to rob a garage wearing a mask and carrying a fake gun and a pick axe handle, the 60 year old V had a heart attack shortly after but because the cause was unknown the defendant wasn’t guilty, whereas in RvWatson the defendant burgled the house of a very frail 87 year old, he died of a heart attack, it would be obvious to a reasonable person that a man in his condition would be vulnerable to shock. In this case Harry driving at speed towards Kim was dangerous a reasonable person would recognise the risk of driving at someone at speed. . It must be an act an omission is not sufficient, In RvLowe he neglected his child and as this is an omission so therefore he wasn’t guilty of unlawful act manslaughter. Lastly the defendant’s unlawful act must cause the victim’s death, in RvWatson the prosecution couldn’t prove that the heart attack was brought on by the shock of the attempted robbery. In this case ‘but for’ Harry driving at Kim there wouldn’t have been a chance of her receiving fatal injuries. The Mens Rea of Unlawful Act Manslaughter is the MR of the

Similar Documents

Free Essay

Hockey Head Shots

...latimes.com HELENE ELLIOTT / ON THE NHL NHL's discipline chief gets backup on head-injury punishments After reports that a group of general managers had complained Brendan Shanahan had been too forceful in handing out punishment, Deputy Commissioner Bill Daly says he has been consistent and clear. Helene Elliott 6:00 PM PDT, October 10, 2011 | | The NHL gave Brendan Shanahan a hammer. And though the new czar of discipline is swinging it more forcefully than anyone expected, the league insists the hammer won't be replaced with a feather. Shanahan, head of the league's new player safety department, has aggressively carried out the NHL's overdue directive to punish players who hit opponents in the head. Predictably, he has faced a backlash, maybe because his decisiveness and clarity are startling after Colin Campbell's meek, muddled rulings. Hardliners grumble the game is becoming soft. A report Saturday on "Hockey Night in Canada's" Hot Stove feature said a group of general managers went to Commissioner Gary Bettman and Deputy Commissioner Bill Daly "and made it very clear that they are very unhappy" with Shanahan, though the report didn't identify them. Daly on Monday backed Shanahan's performance and said he and Bettman had not heard from any disgruntled club executives. "There is only one general manager that I am aware of that has expressed concern to either Gary or me about the standard that Brendan has been imposing and he did so only in response to...

Words: 735 - Pages: 3

Free Essay

Cons

...Harpreet Singh English 9 Mrs. Whitt 5/22/13 Book Review I read the NBA: Rookie Experience by Mike Monroe, this book was non-fiction. I enjoy basketball but, I don’t enjoy reading and when I read about basketball it got me more interested in the NBA and basketball. I liked learning about retired and older players such as Tim Duncan, Chris Anstey, Jacque Vaughn, Bobby Jackson, and Tracy McGrady. Learning about Tim Duncan, Chris Anstey, Jacque Vaughn, Bobby Jackson, and Tracy McGrady got me more interested in learning about the history of basketball. This book is about the rookie experience that rookies go through and the challenges they have to face throughout there rookie years. I liked this book because I know how tired and beat down an athlete can get towards the end of the season. I would recommend this book to teen athletes. I would not recommend it to people who are not interested in sports. The intended audience is basketball players and young athletes. This story also talks about how fast you can get traded. Bobby Jackson originally drafted by the great championship contending Seattle Sonic; but before he could celebrate he was traded to one of the worst teams in the NBA (Back then), the Denver Nuggets. He was heartbroken. After reading this book I have learned that a rookie has to face many challenges his first few years. This book is a very good book for people like me. I enjoy playing basketball I love everything about it and reading about it wasn’t too bad...

Words: 332 - Pages: 2

Premium Essay

Trends in European Business Law

...Business Law Trends With the move towards a market economy slowing taking over Europe, there has been a vast amount of changes in laws that effect businesses across Europe and in the Czech Republic in particular. Through my research, I have discovered a few trends in which I have found interesting. The first of those trends is the slow removal of anonymous corporate ownership in the Czech Republic. Before the end of last month, numerous companies throughout the Czech Republic had anonymous shares. This made it difficult to determine who had ownership in these said companies. Because of that, just recently a law was put in to place to prevent these thousands of companies from continuing to keep shares anonymous. June 30th was the deadline for companies to make all corporate shares public, and if the anonymous shares are not removed then the companies themselves should disappear. Anonymous shareholders will also lose their rights within these companies such as voting at meetings and receiving dividends. The reasoning behind this is to create a more transparent corporate world in the Czech Republic. As well, this law will help towards ending corruption and criminal acts in the corporate world. Many of these companies have been viewed as a front for illegal activity. These companies have been pinpointed as the most likely companies to be involved in fraud, and the government has made it a point to attempt to block these companies from receiving subsidies, payments, and public...

Words: 1076 - Pages: 5

Premium Essay

Ge217 Finalpaper 2

...Right To DieWeek 11Ken WinklerGE217February 25, 2012Steve Ryan | This paper will cover the topic of the right to die for people who are terminally ill. The issue is physician assisted suicide and should individuals have the right to decide for themselves that they want to have their life terminated. There are no laws against a person taking their own life but a terminally ill person probably would need the help of a physician to take their life, and that it is explicitly illegal in 34 states (Euthansia.com, 2012). Christian clergy state that the laws of the church will not allow anyone to take their own life or to have help in taking their life as it is viewed in the same light as murder. Anyone who chooses physician assisted suicide will have to abandon their religion since they will not have support of their clergymen if they decide to end their life. Since they are terminally ill and not going to be able to do this by themselves, they will need a physician to help. They will have to find a physician who has abandoned the principle of ethical standards that all doctors swear to live by, the Hippocratic Oath. Most Christian and Jewish religious laws forbid any form of assisted suicide and condemn any person who does this or helps anyone with this. Physician assisted suicide is one of those issues that both sides of the argument have strong feelings for supporting their position, the right to die may not invoke fist fights but vastly different opinions exist for it in all...

Words: 945 - Pages: 4

Premium Essay

What Is Right to Work Law

...What is a Right to Work law? A Right to Work law guarantees that no person can be compelled, as a condition of employment, to join or not to join, nor to pay dues to a labor union. Unfortunately, politicians in some states have made special mission to fight back against unions and have taken a stance to enforce the freedom of choice. These politicians like other right-to-work advocates, base their arguments on claims that this law will strengthen the state's economy and raise its standard of living. In the state of Illinois Gov. Bruce Rauner wants cities and villages to join his fight against organized labor. The Chicago Tribune posted (Trib) that “In an email to mayors across the state, the head of the lobbying organization for municipalities said Rauner has asked for city councils to consider a resolution asking the state to allow local right to work zones, as well as changes to prevailing wage laws and worker compensation laws.” Rauner has made it his number one goal to destroy the union structure as it is today. Similar to Wisconsin’s Gov. Walker whom achieved his goal finally on March 9, 2015 where even President Obama quoted saying “the new law is part of "a sustained, coordinated assault on unions, led by powerful interests and their allies in government." (Sentinal) My take on right to work is just this- A personal attack against the middle class. Before the Labor Laws went into effect allowing taxpayers the right to organize, charter and collectively bargain their working...

Words: 541 - Pages: 3

Free Essay

Easay on Emerging Marketing

...India, Islamic History and Culture, European History, British History Journalism Political Science Sociology Political Science Punjabi, Sindhi, Balochi, Pushto International Law, International Relations Psychology incl Expl Psychology, Philosophy Psychology incl Expl Psychology, Philosophy Geography, Zoology, Physics, Chemistry, Botany, Geology Geography, Zoology, Physics, Chemistry, Botany, Geology Public Administration Accountancy and Auditing, Economics Business Administration Accountancy and Auditing, Economics Arabic, Urdu, Persian, English Literature Arabic, Urdu, Persian, English Literature Forestry Mercantile Law Muslim Law and Jurisprudence Law Constitutional Law Law Statistics Applied Mathematics, Pure Mathematics Computer Science Applied Mathematics, Pure Mathematics Agriculture PAPER TIME 09:00 to 12:00 02:00 to 05:00 09:00 to 12:00 02:00 to 05:00 09:00 to 12:00 02:00 to 05:00 09:00 to 12:00 I II I II 09:00 to 12:00 02:00 to 05:00 09:00 to 12:00 09:00 to 12:00 02:00 to 05:00 02:00 to 05:00 09:00 to 12:00 03:00 to 06:00 09:00 to 12:00 02:00 to 05:00 09:00 to 12:00 02:00 to 05:00 09:00 to 12:00 09:00 to 12:00 02:00 to 05:00 02:00 to 05:00 09:00 to 12:00 02:00 to 05:00 09:00 to 12:00 02:00 to 05:00 09:00 to 12:00 09:00 to 12:00 02:00 to 05:00 02:00 to 05:00 09:00 to 12:00 09:00 to 12:00 03:00 to 06:00 03:00 to 06:00 09:00 to 12:00 I II III...

Words: 413 - Pages: 2

Premium Essay

Ethics

...chief or a county sheriff in today’s society is not an easy job. Society is already over-critical of law enforcement as a whole and being the person at the top of the chain of command unfortunately places the burden of responsibility of any and all actions on him/her. Society demands a higher level of professional conduct, ethical and integrity standards than any other profession. These individuals are the ones responsible for making on the spot decisions as to what is right and wrong and acting upon these perceptions. Integrity defines as a firm adherence to a code of especially moral or artistic values, or incorruptibility. Integrity is one of the essential qualities for law enforcement officers and even more so for a police chief or county sheriff. The reason that the police chief and county sheriff must maintain such a high level of integrity is because we expect and demand that they will be able to effectively uphold the law and do what is right in a case where one of their officers does something morally or ethically wrong. We look to them to be incorruptible, to always do what is right no matter what the circumstance. If integrity didn’t exist, our whole justice system would fall apart and become null and void. Ethics and Integrity is very important. From a police of chief perspective when you mention the word ethics and integrity they should be the role model for fellow law enforcements. Police of chief should be the one setting examples and doing their job properly. ...

Words: 656 - Pages: 3

Free Essay

Cjs 230

...01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Step 7 A Judge Is Assigned to Hear the Case ❖ 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N 30 L In the previous two chapters, we learned about the two attorneys in the courtroom drama, the prosecutor and the defense attorney. In this chapter, we turn our attention to the third member of the courtroom work group, the judge. We will learn what judges do and how they become judges. Then, we will look at judges’ discretion and how it affects their relationships with others. INTRODUCTION Judges are by far the most easily recognized member of the courtroom work group, both by their conspicuous robes and by their prominent position in the courtroom. They are also the subject of many stereotypes because the public wants to believe that judges combine patience, wisdom, and compassion to arrive at fair decisions, while they eschew the character flaws that sometimes form the basis of decisions by others, including prejudice, intolerance, favoritism, and hostility. Unfortunately, judges are human and their decisions occasionally reflect such a reality. One West Virginia judge, for example, became so enraged at a defendant who began cursing at him in court that he jumped down from his bench, tore off his judicial robe, and bit the tip off the defendant’s nose (Smith, 1998). He served five days in jail on state assault...

Words: 21662 - Pages: 87

Free Essay

My Paper

...Business Law I Spring 2014 Worksheet 03 Name: 19 Points Chapter 03 TRUE/FALSE: (1 pt. each) False 1. Service of process is the process of obtaining information from an opposing party before trial. False 2. A summary judgment will not be granted when there are genuine issues of fact in a trial and no question of law. True 3. In most appealed cases, a trial court’s decision is affirmed. False 4. An appellate court may elect to hear new evidence in a suit. True 5. A brief includes, among other information, a statement of the applicable law in a case. MATCHING: (1 pt. each) _ B__ 6. The three major stages of litigation are pretrial, _____, and posttrial. _G___ 7. A case is _____ when it is sent back for further proceedings to the court that originally heard the case. _D____ 8. _____ typically extend the jurisdiction of courts to cases in which a nonresident is temporarily in the state and may be responsible for damages in the state. _F____ 9. _____ is a process for evaluating potential jury members for their suitability to serve on a jury. _E____ 10. An appellate court will overturn the decision...

Words: 724 - Pages: 3

Premium Essay

Limitations to Lawyer Advocacy

...Limitations to Lawyer Advocacy Marshall Odiong Law and Society University of Colorado, Denver Instructor: Marcy Becker 03/05/2013 Introduction It is the ethical responsibility of every attorney that he provides for his client zealous representation during civil litigation yet other have often argued for the need of attorneys to be bound to an even higher responsibility, namely that they should assist judges and jurors in determining the truth during a judicial proceeding, irrespective of the clients need for proper defense. Thus, debates have often been held on issues such as the lawyer’s duty to reveal the truth, the advocate’s role in an adversary system and the conduct of the attorney in fulfilling his role as an advocate. Proponents of such arguments have often mentioned murder, rape, drug peddling and environmental despoliation as some of the crimes that people get away with due to the partisan zeal with which lawyers usually represent their clients (Freedman, 2005). Such arguments further demand that advocates conscientiously make judgments about what impact the client’s conduct would have on public interest thereby restraining their zeal when representing their clients (Freedman, 2005). The Adversary System The adversary system rises from the premise that in order to determine the truth and do justice in a manner that is effective, then two opposing advocates or adversaries should be pitted against each other with the responsibility of mobilizing all the...

Words: 1012 - Pages: 5

Free Essay

Ge217 Finalpaper 1

...Right To DieWeek 11Ken WinklerGE217February 25, 2012Steve Ryan | This paper will discuss the topic of the right to die for people who are terminally ill. The issue is physician assisted suicide and should individuals have the right to decide for themselves that they want to have their life terminated. There are no laws against a person taking their own life but a terminally ill person would need the help of a physician to take their life, and that is legal in only 3 states (wrtl.org, 2011). The right to assisted suicide is legal in several countries including the Netherlands Belgium, and Luxemburg. Current state laws are varied but in 34 states there are laws that explicitly make it illegal. A terminally ill patient may override objections from their clergyman because of the indescribable pain and seek out help from a physician. The Hippocratic Oath forbids Doctors from performing physician-assisted suicide but that does not always prevent them from doing so, as in the case of Doctor Kevorkian in Michigan who was known for assisting some terminally ill patients with ending their lives. In 1990 a Detroit newspaper contained this ad:"Applications are being accepted.  Oppressed by a fatal disease, a severe handicap, or a crippling deformity?  Write BOX 264, Royal Oak, Mich. 48068-0261. Show him proper compelling medical evidence that you should die, and Dr. Jack Kevorkian will help you kill yourself free of charge." (Kearl, 2002, p. 1) There are other doctors that feel euthanasia...

Words: 1058 - Pages: 5

Premium Essay

When the Paparazzi Go Too Far

...Merriam-Webster’s dictionary, the term paparazzi is defined as “a free lance photographer who aggressively pursues celebrities for the purpose of taking candid photographs.” The term actually came from a film from the 1960’s called ‘La Dolce Vita’, directed by Federico Fellini. A character in the film was a news photographer named Paparazzo. Paparazzi target celebrities and public figures that are in the spotlight. In recent years, the paparazzi have taken their job of snapping photos to another extent. They will go to any length to get the shot of a celebrity, even if that means stalking a celebrities’ every move. The media’s intrusive and insistent attention towards celebrities has caused celebrities to lose their privacy. An anti-paparazzi law is the best solution to help celebrities and public figures who entertain us gain their rights and privacy back. 2. Power of the Media Its almost impossible for us not to be under the power by the media. Every event that happens in the world is brought to everyone’s attention faster with the technology that has enhanced our way of receiving media. The media is everywhere we turn and it makes us question how we will be able to control the media so that its a proper influence on our lives. 2.2 Celebrity Infatuation If you go into any store that sells magazines you will find a large selection of magazines that are just devoted to celebrities and gossip. We live in a time where there is a significant difference between the rich and the...

Words: 2492 - Pages: 10

Premium Essay

Syllabus

...SYLLABUS LAW/531 Business Law Copyright ©2014 by University of Phoenix. All rights reserved. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization's legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Course Dates Oct 14, 2014 - Nov 24, 2014 Faculty Information Name : Email Address : Alternate Email Address Phone Number : ADRIENNE YEUNG (PRIMARY) Not Available Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents (both located on your student website): • Academic Policies University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Get Ready for Class • Familiarize yourself with the textbook used in this course. Course Materials All electronic materials are available on your student website. Week1 Legal Forms of Business and Alternative Dispute Resolution Tasks • Review the Week 1 Study Guide. • Review the Knowledge Check Faculty and Student...

Words: 2154 - Pages: 9

Premium Essay

Temper

...Philippines Law Historical Overview Introduction The Philippines, an archipelago of 7,107 islands (about 2,000 of which are inhabited), with a land area of 115,600 sq m, has a population of 76.5 m. Some 87 major dialects are spoken all over the islands. English and Filipino are the official languages with English as the language of instruction in higher education. According to the 2000 census, the functional literacy rate is 83.8%. Agriculture constitutes the largest single sector of the economy. The country has a total labour force of 64.5%. The Philippine legal system is aptly described as a blend of customary usage, and Roman (civil law) and Anglo-American (common law) systems. The civil law operates in areas such as family relations, property, succession, contract and criminal law while statutes and principles of common law origin are evident in such areas as constitutional law, procedure, corporation law, negotiable instruments, taxation, insurance, labour relations, banking and currency. In some Southern parts of the islands, Islamic law is observed. This particular legal system is the result of the immigration of Muslim Malays in the fourteenth century and the subsequent colonization of the islands by Spain and the United States. Historical Background Philippine legal history may be categorized according to the various periods in the political history of the country: the pre-Spanish period (pre 1521); the Spanish regime (1521-1898); the Philippine...

Words: 3972 - Pages: 16

Premium Essay

Jdt2 Task 1

...Memo ______________________________________________________________________________ To: CEO, Toy Company From: Elementary Division Manager Subject: Employee Claim of Constructive Discharge Date: September 16, 2014 As you have previously been informed, the company is currently facing a lawsuit filed by a former employee. This employee is claiming Constructive Discharge under Title VII of the Civil Rights Act of 1964 due to the recent changes in the company’s working schedule policy. At the beginning of the year the company changed the working schedule policy to accommodate the growth of the company. This new schedule requires all production employees to work the following rotating shift schedule: 12-hour shifts, four days on, four days off with the working days occurring any day of the week, Monday through Sunday. However, the working schedule for the office staff remained Monday through Friday, 8 am to 5 pm. All production employees used to work 8-hour shifts, Monday through Friday. The former employee, who voluntarily quit after the changes took effect, is claiming that the company “forced” him to quit because the new working schedule would require him to work on a religious holy day. A constructive discharge claim can only be established if there is either evidence of intolerable working conditions that would compel an employee to quit, or evidence of outrageous conduct by the employer, such as sexual assault or violent threats towards the employee...

Words: 1241 - Pages: 5