Law Exam Review Unit 3

Explanation
The term "actus reus" refers to the wrongful act or omission in a criminal offense. It is a Latin term commonly used in criminal law to describe the physical element or action that constitutes a crime. This term is essential in determining criminal liability as it focuses on the external behavior or conduct of the individual rather than their mental state. In order to establish guilt, both actus reus and mens rea (the guilty mind) must be present. Therefore, actus reus is a crucial concept in criminal law as it helps to establish the commission of a crime.

Explanation
"Mens rea" refers to the blameworthy mental element in a criminal offense. It is a Latin term that translates to "guilty mind" and is an essential component of many legal systems. Mens rea refers to the intention or knowledge of wrongdoing that a person has when committing a crime. It is necessary to establish mens rea to prove criminal liability, as it shows that the person had a guilty state of mind while committing the offense.

Explanation
Due diligence is the term used to describe the level of care and investigation that a reasonable person should undertake before entering into an agreement or transaction with another party. It involves conducting thorough research, analysis, and assessment of all relevant information and factors to ensure that all potential risks and liabilities are identified and understood. This process helps to minimize the chances of making uninformed decisions and helps to protect the interests of all parties involved.

Explanation
Strict liability is a legal concept that holds individuals or entities responsible for their actions, regardless of their intent or fault. In this case, the explanation suggests that the correct answer is strict liability because it is based on the commission of an actus reus (a wrongful act) and the inability to prove the defense of due diligence (exercising reasonable care and caution). This means that even if the person did not intend to commit the act, they can still be held liable for it.

Explanation
Absolute liability refers to a legal concept where a person can be held responsible for a crime or offense without the need to prove their intention or mental state (mens rea). In this case, culpability is determined solely based on the commission of the actus reus, which refers to the physical act or conduct that constitutes the offense. This means that even if the person did not have any intention to commit the crime or was unaware of the consequences, they can still be held liable under absolute liability.

Explanation
A plea bargain is a negotiation process between the accused (defense) and the Crown, where the accused agrees to plead guilty to a lesser charge in exchange for a recommendation for a lighter sentence. This allows both parties to avoid a lengthy and costly trial while reaching a mutually beneficial outcome. The accused accepts responsibility for their actions, while the Crown ensures that a conviction is secured without the need for a trial.

Explanation
De facto refers to something that exists in reality or in practice, regardless of whether it is legally recognized or accepted. It implies that a certain situation or condition is true in practice, even if it may not be officially acknowledged or supported by laws or regulations.

Explanation
Rehabilitation is a sentencing goal that focuses on restoring an individual to moral, physical, social, and mental health through training and treatment. This approach aims to address the underlying causes of criminal behavior and provide offenders with the necessary skills and support to reintegrate into society successfully. By offering rehabilitation programs, such as therapy, education, and vocational training, the justice system aims to reduce recidivism rates and promote the overall well-being and reformation of individuals who have committed crimes.

Explanation
The given word, "imprisonment," means the act of being confined or locked up in prison as a punishment for a crime. The word "incarceration" has the same meaning, referring to the state of being confined in prison. Therefore, "incarceration" is a suitable synonym for "imprisonment."

Explanation
The term "statutory minimum" refers to the minimum penalty that is established by a statute or law. This means that there is a specific minimum punishment that must be imposed for a particular offense, as determined by the legislature. It ensures that there is consistency and fairness in sentencing, as it sets a baseline punishment that cannot be lowered. The statutory minimum acts as a deterrent and ensures that offenders receive a punishment that is deemed appropriate by the law.

Explanation
A victim impact statement refers to a verbal or written statement provided by a victim or their family to express the personal consequences they have experienced as a result of a crime. This statement allows the victim to share their emotions, physical or psychological harm, and any other effects that the crime has had on their lives. It provides an opportunity for the victim to have their voice heard and considered during the legal proceedings, ensuring that their perspective and the impact of the crime are taken into account.

Explanation
Restorative justice is a philosophy of criminal law that emphasizes resolving offenses through the active involvement of offenders, victims, and their communities. It views crimes as conflicts that can be addressed by restoring relationships and repairing harm caused. This approach focuses on healing and rehabilitation rather than punishment, aiming to promote accountability, understanding, and reconciliation among all parties involved. Restorative justice seeks to create a more inclusive and collaborative process that addresses the underlying causes of crime and prevents future offenses.

Explanation
The term "aggravating circumstances" refers to factors that increase the level of responsibility or severity of a crime. In this context, the use of violence is mentioned as one such factor. Aggravating circumstances can include elements such as premeditation, cruelty, or harm caused to the victim. These factors are taken into consideration during legal proceedings and can lead to harsher penalties or sentences for the offender.

Explanation
Mitigating circumstances refer to factors that can reduce the level of criminal responsibility for an individual, such as being a first-time offender. These circumstances are taken into consideration during legal proceedings to potentially lessen the severity of the punishment or sentence. By acknowledging the presence of mitigating circumstances, the legal system recognizes that certain factors can contribute to a person's actions and may warrant a more lenient approach in their case.

Explanation
An absolute discharge refers to a sentence that releases an offender without any conditions or requirements, and without creating a criminal record. This means that the offender is completely freed from any legal consequences or obligations related to the offense they committed. It is a lenient sentence that is typically given when the court determines that the offender does not pose a threat to society and does not require any further punishment or rehabilitation.

Explanation
A conditional discharge refers to a legal decision where an offender is released without a criminal record, but with certain conditions imposed by the court that must be adhered to. This means that the offender is not found guilty, but is required to meet specific requirements set by the court. These conditions could include things like attending counseling, completing community service, or regularly reporting to a probation officer. The purpose of a conditional discharge is to provide an opportunity for rehabilitation and avoid a permanent criminal record, while still ensuring that the offender is held accountable for their actions.

Explanation
Garnishing wages refers to the legal process of deducting money directly from a defendant's wages under a court order. This is typically done to enforce a judgment or satisfy a debt owed by the defendant. It allows the creditor to collect the owed amount directly from the defendant's paycheck before the money is even received by the defendant. This method ensures that the debtor's wages are used to repay the debt, providing a reliable and efficient way to recover funds owed.

Explanation
Electric monitoring is a device or system that ensures an offender follows a court order, typically used to regulate home confinement or house arrest. It involves the use of electronic devices, such as ankle bracelets, that track the offender's movements and activities. This allows authorities to monitor their compliance with the court order and ensure that they do not leave their designated area without permission. Electric monitoring provides a way to enforce court orders while allowing the offender to remain in their own home.

Explanation
Recidivism refers to the act of returning to criminal behavior after being previously convicted of a crime. The given answer, "recidivism," accurately describes the concept of individuals going back to crime. It implies that the individuals have relapsed into their previous criminal behavior, highlighting the repetitive nature of their actions.

Explanation
A dangerous offender is a classification given to a person who has been convicted of an offense causing serious personal injury and is deemed likely to reoffend. This classification allows for the possibility of sentencing the individual to incarceration for an indefinite period of time. This designation is used to identify individuals who pose a significant risk to society and require longer periods of incarceration for the safety of the public.

Explanation
A long term offender is a court classification given to a sexual offender who is deemed likely to reoffend. This classification allows for the possibility of an indefinite period of incarceration for the offender. This designation is used to protect society from potential harm by keeping the offender in custody for an extended period of time.

Explanation
A conditional sentence is a type of sentence where the offender is supervised and must adhere to certain rules imposed by the judge. If the offender fails to comply with these rules, they may be sent to prison. This type of sentence is often given as an alternative to imprisonment, allowing the offender to remain in the community while still being held accountable for their actions. It provides an opportunity for rehabilitation and reintegration into society while ensuring that the offender is closely monitored to prevent further criminal behavior.