THE EFFICIENCY OF STRICT LIABILITY IN CRIMINAL LAW Most offences are now defined by statute. Usually the statute will state whether the offence requires a mental element and also define what the mental element is. Often the definition uses a word or phrase like “knowingly”, “recklessly”, “wilfully” and “dishonestly” in which it gives guidance to the court. But in some statute this kind of word or phrase is absence, hence the court will find that mens rea is not required. And this is basically in
In Maryland, Mrs. Allison cannot allege strict liability for damages incurred to her daughter by the Huffs’ boxer dog, Stella. To allege strict liability, an owner must take responsibility for the actions of their dog but only if the owner knew of the dog’s propensity to harm mankind. See Slack v. Villari, 476 A.2d 227, 232 (Md. Ct. Spec. App. 1984). The issue pertains to whether or not the Huffs knew about Stella’s potential to attack mankind. If Mr. and Mrs. Huff knew of Stella’s dangerous behavior
Today, I pay tribute to my father and honour him as he goes on that final journey of life to which all mortals must one day embark. In paying this tribute, I also pay tribute to your own parents; the parents of those who still live with them today and to the parents of those who miss them today. I grew up knowing my father as one of the most important persons in my life but I never realized how much my father meant to others, until these past few weeks. When he lived, I never took him for granted;
Facts: Mrs. Moore entered into the Midwest City Target looking for a magnetic chess set and was informed that Target does not sell those. When Mrs. Moore was made aware of this information she started looking in the toy section. She picked up a telescope and the package was priced for around five or six dollars, so she purchased the telescope. Mr. Lanigan became aware of the situation and took the package from her car, led her inside, recited her rights, and accused her of switching price tags to
something called strict product liability. He defines this as “liability for injury imposed for reasons other than fault.” Roger Miller also mentions that “people may be liable for the results of their acts regardless of their intentions or their exercise of reasonable care.” In the world today, there are cases brought to
Strict Liability Offences, Fair and Just or a step to far. In a criminal trial the burden is on the prosecution to prove mens rea on the part of the accused, in doing so as to demonstrate intent, recklessness or knowledge on their part unless the crime is one of strict liability. The three types of mens rea which the courts take into consideration are set out as follows; Intent refers to the state of mind accompanying an act especially a forbidden act. It is the outline of the mental pattern which
Preface: More than two-hundred years ago, many nations defeated tyrants for the price of self-governance. For the first time in human history, a nation had given supreme executive power to the masses. Nowadays, it is denounced as Democracy that is in the phrase of Abraham Lincoln, a government of all the people, by all the people, for all the people; it is the idea of freedom. However modern democracies vary in different nations due to the challenges governments face leaving unfavorable impacts
What would be your preferred society? One where you do not have to make many decisions, or one where you can help make all the decisions? One where you could speak out, for your community, or one where all the officials make all the decisions? Hard to decide, is it not? This debate has been talked about, and thrown around for a long time now. The two sides to this debate have been arguing for a long time now, with different points coming up all the time. Why do the people arguing for democracy, say
Strict scrutiny is the most rigorous standards of judicial reviews in the levels of judicial scrutiny used by courts in the United States. Strict scrutiny and the remaining level were first introduced as a concept in the decision of United States v. Carolene Products Co, 1938, in footnote 4. It was first applied in 1944 when deciding Korematsu v. United States. The review of strict scrutiny can be applied during two instances, one being when
In Fisher v. University of Texas at Austin (“Fisher II”), the United States Supreme Court will decide the constitutionality of the University of Texas’s (“University”) affirmative action policy, the impact of which is being widely debated. Some commentators fear that the Court is poised to end affirmative action altogether, thus causing reduction in the number of minorities who are admitted to universities across the country. Others believe that the Court should use Fisher II to invalidate all
Solution : Introduction: A budget is an estimation of particular commodity, quantity etc. It can be prepared for any number of days but generally it is prepared wither for a year or quarter... A budget may or may not become the actual outcome. A sales budget can be defined as a projection of how much a particular business or organization will be able to sell its product within a Year. It is always an anticipated. Budgets serve as a framework and help managers to estimate likely incomes and expenditures
have total liabilities of 37.51% with respect to the total asset of the company. It imply around the ratio of debt to assets is 3:10 in 2010. In 2009, the debt-assets ratio was 29.81%. It imply the debt-asset ratio of the company have an increase of 7.7% from 2009 to
Let's face it, wedding photography is one of the most challenging industries to get involved in not to mention one of the most competitive. My first words of advice to you will be -- "why would anyone want to enter wedding photography"? There are way too many things that can go wrong and you simply cannot re-shoot the day without redoing the whole event. But I have good news for you because the two solutions are using green screen with chroma key technology to eliminate the errors and learning digital
Budget: The budget will be based on $25,000.00 for the GED program. The GED program will be funded by a non-profit organization with a budget of $25,000.00. Out of this budget for the GED program, it will pay for staff salaries, fringe benefits, traveling expense, equipment for the program, materials and supplies, consultant and contractual services, and miscellaneous, which should equal to $25,000.00. Salaries & Wages (Director, Asst. Director & Secretary). $17,000.00. Fringe Benefits (Stipend)
Steve Dunleavy was invited to come up to the podium to speak on behalf of the Republic Services Update stated in the agenda. Republic Services is a waste service company who collects trash and recycling around Morgantown. Previously a soldier in Iraq and a Special Olympics coach who resided in Boston with his family, Dunleavy has been with the company for 90 days, and started by explaining the progresses in the company has made within that time. These advances include stabilization of their world-class
MARKETING MANAGEMEMT CASE 1 : OSCAR MAYER Group 2 ----------------------------------------------------------------------------------------------------------------------------------- INTODUCTION Oscar Mayer was founded in the year 1883 and was owned by Kraft’s food. It was famous for its red meat in United States. Oscar Mayer had also made a very recent acquisition of Louis Rich, a producer of White meat and this acquisition proved to be a success mainly because of the growing demand for white
In the movie titled “The Pursuit of Happyness”, there was a problematic family living in San Francisco in 1981. The main character, Chris Gardner worked as a salesman invested his entire life savings in portable bone density scanner to support his family including his wife Linda and a five years old son Christopher. However, Chris’ business is not doing well and his wife was forced to work. Day after day, Linda was suffering and she always quarrelled with Chris and blamed him didn’t play the role
Answers for Candy a) Type of information each financial statement provides • Balance sheet Balance sheet reported assets, liabilities and stockholders' equity. Assets represent all the elements that a company owns and uses to generate revenue. Liabilities include money owed to creditors of assets or other financing purposes. The assets include investments made in the business or the capital invested by the owners (Collier, 2015). • Income statement The income statement reports the profit of the
Clients must keep records and books of accounts including cash book, sales ledger, purchases ledger and general ledger. Supporting documents such as invoices, bank statements, pay-in slips, cheque butts, and receipts for payments, payroll records and copies of receipts issued should be retained. A valuation of the stock in trade should be made at the end of the accounting period and the appropriate records maintained. Company should record sufficient to explain each transaction and to enable a true
Operating and Non-Operating Liabilities Operating liabilities arise from ordinary operations and provide a less expensive source of financing for companies. Attachment 32 (page XXX) shows the operating and non-operating liabilities for Dollar Tree and Dollar General. Dollar Tree’s operating liabilities as a percentage of total liabilities were 57.52% in the fiscal year 2014, 51.92% in fiscal year 2013, 74.99% in fiscal year 2012, and 73.02% in fiscal year 2011. The percentages have decreased