In an earlier post i mentioned the possible revision questions... and ill just give u all some points in answering them... not the full answer.... k?
Types of Crime:
state, persons, economic, white collar, regulatory, public order, drug, traffic, victimless, preliminary....
DIFFERNTIATIONS:
COMMON LAW SYSTEM VS CIVIL LAW SYSTEM
for common law system
- developed: Decision made by courts, "case law" rather than Statute
- features = Doctrine of Precedent, Rules of Equity, Adversarial system of trial
- Origin: England (british) Countries who use it: NZ, Australia Canada 2 name a few
for civil law system
- Developed: Made by the governments rather than the courts which has been derived from Roman Law
- Features: Codified system of law, Made by Governments, Inquisitorial system of trial
- Countries: France, Germany, Italy.... Western European Countries
ADVERSARIAL SYSTEM VS INQUISITORIAL SYSTEM
for Adversarial system
- Feature: Common Law system along with Doctrine Of Precedent
- Parties 'adverse', oppose one another and present their version of events (truth)
- Judge is an impartial arbitrator and applies the law
- free from personal bias
for inquisitorial system
- Feature: Civil Law system
- Parties do oppose one another (present at court), but the Parties provide their version of events to the judge
- Judge is a partial arbitrator; asking question to both parties to determine what is the truth and decide the case from there
- Known as 'Inquisitorial' due to the "Inquisition" of the Judge
- questions allow a deeper and wider scope
PUBLIC LAW VS PRIVATE LAW
For public law
- Deals with matters that affect society as a whole
- Laws that deal the relationship between the individual and the state, or any jurisdiction
- E.g. Criminal Law, Administrative Law, Constitutional law
for Private Law
- Often referred to as the law of contract or tort
- Developed as a result of disputes arising between private individuals
- use primarily to settle disputes between individuals
- e.g. Contract law, Torts, Family law, "damage to ones property"
DEFENCES TO A CRIME
Complete Defences:
Mental illness
Accident of Error
Necessity
Duress
Aaccident or error
Consent
Self defence
Partial Defences:
Provocation
Intoxication
Diminished Repsonsibility
Abuse excuse, BWS (Battered Wife Syndrome)
Parties to a Crime:
Principal in the 1st Degree - Actual perpetrator (person who committed the crime)
Principal in the 2nd Degree - Person their at the time of the crime
Accessory Before the Act - Person who pre-planned the crime with the Perpetrator
Accessory Aftr the Act - Person who helped aftr the committing of the crime e.g. Driving them away...
Rights that GLOBAL CITIZENS HAVE:
Found in "the Universal Declaration of Human Rights" 1948
Article 26 - Universal Education - Right to Education
Article 23 - Trade Unionism - Right to form and to join Trade unions
Aticle 4 - Freedom from Slavery
Universal Suffrage - Right to be an active citizen and Right to vote
thats all for now... hoope that helps.... til next time
