Elements Of Crime And Intentional Tort Db

Elements of Crime and Intentional urbane wrong DB (Your elevate (Your University2008Elements of Crime and Intentional Tort DBA curse is defined as acts or omissions that argon in violation of law (West s cyclopedia of Ameri feces equity , 1998 . The dress ups and the federal brass reach enacted criminal laws that define each of the iniquitys and regularise penalties in baptismal font of violation or commission (West s encyclopedia of American legality , 1998 . The two elements of a criminal criminal offence atomic number 18 : actus reus and mens rea unity is somatic and the new(prenominal) , mental state (West s Encyclopedia of American Law , 1998 . Thus actus reus must be causally related to the mens rea for a criminal offense to occur kernel that the abhorrence intention of the mind must coincide with th e physical reflexion through the unlawful act (West s Encyclopedia of American Law , 1998 . However , as an exception to this rule , the courts have in a line of judicial precedents ruled that in compositors case of strict financial obligation the person who may non be at fault or negligent shall be legally conceivable for change to the wound companionship . The injured party will only have to prove that he prolong damages (West s Encyclopedia of American Law , 1998 . except , courts allowed debt instrument on the basis of the actus reus alone as be competent (West s Encyclopedia of American Law , 1998 . For instance , the employer is deemed liable for damages for the negligent acts of his employees while in the performance of their duties . some other example would be in the case of product financial obligation where in the company is held liable for the injury sustained by a customer due to defective productsCrimes may be committed by natural and juridical persons . Natural persons are human beings while ju! ridical persons are entities created by simile of law deemed to be individuals capable of entering into contracts , owning and or possessing properties , enforcing rights and getting debts (West s Encyclopedia of American Law , 1998 . A connection and thus is a person .

Corporations may be held liable for well-behaved damages for the acts and conduct of the employees it employees This obligation is known as alternative liability (West s Encyclopedia of American Law , 1998 . Anent criminal liability , a corporation is not capable of committing a crime because it does not have a mind state--lacking in mens re a It is in addition a legal fiction and therefore , one cannot put it behind bars . The recent years further showed a different trend from these arguments . Nowadays , an American corporation active in criminal activities such as player can be convicted when the criminal conduct of its employee or ships officer is be . The federal regimen through the Deputy lawyer usual cited the reasons for indicting corporations as being beneficial to public interests (Thompson , 2003 . It enables the government to spoken language and be a force for controlling change of somatic culture , alter corporate expression , and prevent , incur , and punish white collar crime (Thompson , 2003 . The federal government not only prosecutes the corporation only when also the officers...If you extremity to get a full essay, beau monde it on our website: BestEssayCheap.com

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