Assignment on Make Up Test
Added on 2021-04-24
8 Pages1476 Words26 Views
Running head: MAKE UP TEST 1Law1 Make Up TestNameInstitution
MAKE UP TEST21.Criminal Lawa. Relevant factsLaura notices that her pills run out of her pills before time and her 14- year old has been taking drugs from her cabinet. b. RuleIt is a crime to give intentionally or negligently drugs to any person who has not been prescribed to take such drugs.Omission to act is usually not an offense and carries no liabilities. However, in the case of minors assumption of care is an exception to the rule of omission to act. Common law in R v Chattaway imposes the duty of care on parents and resides with them as long as they are dependants.Voluntary Act- Does Flo access drugs as a result of Laura;s voluntary act, is it intentional?Causation- Taking of un-prescribed drugs by the minor should be directly linked to Laura's negligence.Social harm- is there a possibility of social harm from the negligence.Mens rea- For a crime to be complete there has to be actus reus and mens reac. Facts patternVoluntary act- There is no voluntary act connecting Laura to the teenager taking her pills. If anything she shelves her medicine which is what a deligent by-stander would do.
MAKE UP TEST3Causation social harm- Laura puts the medicine in a safe place, the shelf, but still, the teenager finds the medicine and takes them without Laura's knowledge.Mens rea- There is the absence of knowledge, intent, and motive in Laura's actions if anything she only notices that her pills get finished quicker than they should.Conclusion-concurrence between elements in rule and patternWhen Flo is taking drugs, she gets them from a place where they are shelved. Flo’s behavior of taking drugs is not as a result of Laura’s negligence but probably her own sneaky behavior. Laura does not do anything to make the drugs accessible negligently or intentionally. Laura puts the drugs as any common person would do, she is not negligent or reckless hence not guilty of making the drugs accessible to her daughter.2.Criminal law Relevant factsLuke and Lorelai go deer hunting together, and when Luke notices a deer behind Lorelai, he shoots with the intention to kill the dear but kills Lorelai. RuleHomicide is killing someone, recklessly knowingly or intentionallyVoluntary Act- is the Actus reus, which also involves pulling a trigger.
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