The concept of Duress as a Defense

When a danger is significant and has the potential to be fatal or harmful, the idea of duress can be used as a defense. For instance, when someone is being threatened with a pistol and he defends himself.

Question #2: (5 points) What are the two kinds of intoxication defenses, and how do they work? (Voluntary intoxication and involuntary intoxication)

When someone has been duped into consuming drugs or booze, involuntary intoxication can result. While a person who is freely consuming drugs or alcohol is said to be involuntarily intoxicated; voluntary intoxication is never a defense to an intent crime (Colenutt, & Toye, 2012).

Question 3= (5 marks): Describe the difference between aiding and abetting and provide an example for each?

Abetting may occur through ordering, counselling and encouraging one to commit a crime.an example of aiding is a father who advices the son to steal from a local shop While aiding is to criminally help someone commit crime. An example of aiding are two individual who corporate and use force to steal (Wilton, 2016).

Question 4 = (5 marks): What is the difference between mens rea and actus reus? Provide one example for each?

Men rea is an individual’s awareness of the fact that her conduct is criminal; men rea is basically a mental element. While actus reus is the physical element or the act itself. An example of Men Rea is an individual who plans to steal from a local shop while an example of reus rea is an individual who actually steals from the local shop (Wilton, 2016).

Question 5= (5 marks):

Define criminal law?

This is a body law whose mandate is to regulate the rate of crime. Criminal laws regulate the social conduct and proscribes anything that is endangering, harmful or threatening to the welfare of other people (“Law, Privacy and Surveillance in Canada in the Post-Snowden Era”, 2017).

Define civil law?

Civil laws are set out duties and rights of individuals both through common law and legislation. These laws just exist with an aim of protecting individuals against each other and the state.

Name (2) basic principles of criminal law?

The basic principle of criminal law are: the principle of double jeopardy and the right to remain silent.

Question 6 = (5 marks): Under civil law, explain the following concepts?

(a) Burden of Proof;

Burden of proof stipulates that the prosecutor proves that the accused is guilty beyond reasonable doubt (Proulx, & Layton, 2015).

(b) Out of court settlement;

This is a resolution by parties in a conflict to resolve conflicts either after the court action or before the court action

(c) Minors and civil actions;

This is legal proceeding that is brought against or by an individual below the age of 18 years old.

(d) Mediation

Mediation is a form of dispute resolution whereby an independent parties is set up to help two contending parties reach a consensus.

Question 7= (5 marks)

Part I: What is a Tort?

A tort is an infringement of an individual’s right leading to a civil liability. This is basically a civil wrong (Linden, & Feldthusen, 2011).

What is an unintentional Tort?

This is unintended accident that result into financial loss, property damage or injury (Osborne, 2011).

Part II: Explain the following defenses to unintentional torts: Act of God and Defenses to Negligence.

Act of God is where an escape is caused by a natural phenomenon that is beyond human control. In this case the prudence of a human being is not bound to recognize the possibilities (“Tort”, 2017).

Question 8 = (5 marks):

What is the purpose of the Landlord and Tenant Act?

The tenant and landlord act governs the obligation and rights of tenants and landlords of premises that are occupied for business purposes.

When may a landlord enter a rental unit without written notice? List and explain three reasons?

In case of emergency; this is when the situation is of emergency and call for the landlords entry for instance in case of a fire.

If the tenant consents to entry; this arises when the tenant invites the landlord to the premises

If no times are specified; in this case the landlord enter the premises between 8 am to 8 p.m. (“Responsibilities of Landlords, Residential Tenancies Act, Ontario, Part III”, 2017).

References

Colenutt, A., & Toye, M. (2012). Critical crossroads (1st ed.). [Toronto, Ont.]: Frontier College.

Law, Privacy and Surveillance in Canada in the Post-Snowden Era. (2017). Google Books. Retrieved 17 April 2017, from https://books.google.co.ke/books?id=KTrnCQAAQBAJ&printsec=frontcover&dq=canadian+law+books+pdf&hl=en&sa=X&redir_esc=y#v=onepage&q=canadian%20law%20books%20pdf&f=false

Linden, A., & Feldthusen, B. (2011). Canadian tort law (1st ed.). Markham, Ont.: LexisNexis.

Osborne, P. (2011). The law of torts (1st ed.). Toronto: Irwin Law.

Proulx, M., & Layton, D. (2015). Ethics and Canadian Criminal Law (1st ed.). Toronto: Irwin Law.

Responsibilities of Landlords, Residential Tenancies Act, Ontario, Part III. (2017). Ontariotenants.ca. Retrieved 17 April 2017, from http://www.ontariotenants.ca/law/act03.phtml

Tort. (2017). LII / Legal Information Institute. Retrieved 17 April 2017, from https://www.law.cornell.edu/wex/tort

Wilton, C. (2016). Inside the Law (1st ed.). Toronto: University of Toronto Press.