This idea refers to situations where a criminal is forced to commit a crime as their only means of self-defense against actual violence, an attack, or the fear of violence. When a felon had no other option but to commit the crime, they are not to be held accountable. However, there must be an unavoidable danger that is causing fear and the defendant criminal's response was the only option. For example, when somebody is being kidnapped and robbed at gun point and by chance the assailant gets distracted by an external, outside noise that makes him shift focus compelling the victim to strike the assailant with a nearby pan that sends him flat, unconscious and over bleeding(Laufer, 2013, p. 30).
Question 2 = (5 marks): Describe and explain the two types of intoxication defenses? (voluntary intoxication and involuntary intoxication)
Intoxication defense is when a criminal did not know or comprehend the nature of his actions after willingly getting himself in the state of confusion. For example, when he willingly took alcohol and when under alcoholic influence or drugs got in the mess.
Involuntary defense is when the criminal did not understand the nature of his actions after having been induced into confusion without his consent. For example, induced with an alcoholic substance in a drink, or a reaction to medicine and just to realize he has messed(Gillies, 2013, p. 10).
Question 3= (5 marks): Describe the difference between aiding and abetting and provide an example for each?
Aiding is when you assist someone to do a crime even though you are not the principle offender. For example, when you hide a criminal from being caught in a police chase. Abetting is when you encourage, condition, or order someone into doing an offence. For example, when you tell someone the exact amount of sales at a store by the end of a business day and how it is kept and can be easily robbed.
Question 4 = (5 marks): What is the difference between mens rea and actus reus? Provide one example for each?
Men's rea is a state of the mind in which the intention of a person is weighed and the conduct determined if is unlawful. For example, when a person is asked to prove his innocence in the law court. Actus reus is the element of criminal responsibility that comprises of the physical components of the crime. For example, when the criminal is detailed to in order to understand what the real crime is.
Question 5= (5 marks):
Define criminal law?
Is the law that regulates the social life of people, and whatever is harmful or threatening to their safety and moral values.
Define civil law?
Is the law that regulates the individual private life of people in relation to other members of the society within the establishment.
Name (2) basic principles of criminal law?
Legality
Human conduct
Mental state
Harm to legal value
Punishment
Question 6 = (5 marks): Under civil law, explain the following concepts?
(a) Burden of Proof;
Is the obligation of the party involved in the case to ascertain their position, guilt or not guilt, in the case.
(b) Out of court settlement;
When the two parties involved agree concerning the case before the court decision is reached.
(c) Minors and civil actions;
It refers to minor claims like debt collection and minor proceedings like neighborhood.
(d) Mediation
It is the intervention in a case so as to solve it.
Question 7= (5 marks)
Part I: What is a Tort?
This is an act of an omission that gives rise to injury or loss of property or finances.
What is an unintentional Tort?
A wrong or accident that is done unintentionally giving rise to injury or loss of property.
Part II: Explain the following defenses to unintentional torts: Act of God and Defenses to Negligence.
Unintentional tort is defense on a wrong that is not deliberately done, occurred by accident. Act of God is a defense from an occurrence that is from a natural calamity. Defense to negligence is when a defense is done in favor of the criminal not having bad intent for the cause of the act, mainly done to reduce the charge on the criminal.
Question 8 = (5 marks):
What is the purpose of the Landlord and Tenant Act?
The purpose of this act is to protect tenants from unlawful rent rise, unlawful evictions, and provide an elaborate understanding between the landlord and the tenant of their rights, responsibilities and basic procedures of handling possible forms of informal challenges(Gillies, 2013)(Porter, 2013, p. 27).
When may a landlord enter a rental unit without written notice? List and explain three reasons?
When there is an emergency
When the tenant is fully aware of the entry at the time of entry.
When there is need to showcase next tenant to take over incase the present is evicting and is within the set time of entry.
