Uk "contract law" "forced contract

Classified in Law & Jurisprudence

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Traffic Infraction: means any offense defined as a “traffic infraction”

Misdemeanors: Means an offens, other than a traffic infraction for a sentence of 15 days & Less of 1 year

Violation: Means an offense, other than a traffic infraction sentence of less than 15 days

Act: bodily Movement

Omissions: Is another form of actus reus. Could be failing to warn others that you’ve Created a dangerous situation (not feeding an infant who has been left in your Care)

Actus reus: Is commonly defined as a criminal act that was the result of voluntary bodily Movement

Sources of Law 1Constitution: identifies Basic rights and obligations 2Statue: A law passed by a legislature(fed/state)3Case Law: law made by judges in case decisions4 Ordinance: Law passed by town, village, city

Stare Decisis-Obliges judges to make Certain court decisions according to previous rulings made by a higher court in The same type of case

Criminal substantive Law defines offenses, Specifies punishments

Criminal Procedure Law steps by which The substantive criminal law is enforced

Theories of punishment 1Retribution: defendant Must suffer pain/loss proportional to what victim suffered. Eye for an eye.2General deterrence- Utilitarism Pain Should outweigh the gain to deter. People from committing crime.3 Specific Deterrence-Incapacitation(restraint) Effect of punishment on defendant.4 Restorative Justice- Victim, defendant and community r involved in crafting a solution it Can involve restitution & mediation. 5 Reform/Rehab – Changing defendant so that he does not commit crimes again it Can include treatment.

*Tort: private wrong not based on Contract

*Crime: Public wrong against society

Constitutional Limitations

Status: can define offenses but must be Drafted with precision in order to comply with the US constitution

Bill of Attainder: legislative act of punishing Defendant for a crime without trial.

Ex post facto laws: laws which Criminalize conduct when the innocent before the law was passed or increase punishment For past offenses.

Void for vagueness: a law is too vague If a reasonable person cannot understand it.

English common law

Origins: William The conqueror 1066A.D – invasion of England by the Normans

-Brought Uniformity to the law

-All Prosecutions in the name of the king

-Recorded The decisions of the judges

-Beginnings Of Stare Decisis precedent

-Beginning Of Due Process

-Developed Over 100s of years

Colonists Adopted English common law. Incorporated concepts in statues. William Blackstone’s- Commentaries on the law of England 1769. Big influence on early U.S Law/lawyers Through mid 19th cent

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