Wrongfulness Study guides, Class notes & Summaries

What is Culpability? Correct Answer Mens rea = fault. The mere fact that a person has committed an unlawful act which complies with the definitional elements and which is unlawful is not yet sufficient to render him criminally liable: X's conduct must be accompanied by culpability. Will be the case if he has committed the unlawful act in a blameworthy state of mind. Unlawfulness v Culpability: Unlawfulness: Agnostic to personal characteristics of perpetrator. Culpability: Personal characte...

PVL3703 Assignment 3 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED Answers, guidelines, workings and references .................... Question 1 One of the attractions at Wonderland Zoo is a train ride that takes customers to and from different locations at the zoo. Sipho, the technician in charge of inspecting and maintaining the train, overlooks some signs that the train is no longer in sound condition. Avril goes for a ride on the train. The operator of the train requests the per...

INSANITY DEFENSE 1 The Intersection of Psychology and Law: Exploring Social Issues and Social Problems Relating to the Insanity Defense Daniel Guenther 1 Washington University in St. Louis Abstract This paper explores the intersection of psychology, especially mental health, and the criminal justice system. Persons that can be legally declared to have been insane at the time they committed a crime have special considerations from both a social and judicial viewpoint. Moreover, public pe...

PVL3703 EXAM PACK 2022/2023 Delict Exam Revision Q’s Similarity = Breach of contract (BOC) is normally an act by one person (contracting party) which in a wrongful & culpable way causes damage to another (contracting party) Differences: BOC Delict Only constituted by the non-fulfilment by a contractual party of a contractual personal right (claim) / an obligation to perform Constituted by the infringement of any legally recognised interest of another party, excluding the non-fulfi...

Read the excerpt from "What to the Slave is the Fourth of July?"Must I argue the wrongfulness of slavery? Is that a question for Republicans? Is it to be settled by the rules of logic and argumentation, as a matter beset with great difficulty, involving a doubtful application of the principle of justice, hard to be understood? What do the rhetorical questions in the excerpt suggest? Douglass does not want to discuss slavery further. Slavery is a highly divisive and complicated issue. Dou...

PVL3703 MCQ EXAM PACK 2022. If Thabo institutes a delictual claim against the Metro, the question whether the Metro’s conduct was wrongful will, according to the new approach to wrongfulness that has often been followed since the judgment in Telematrix (Pty) Ltd t/a Matrix Vehicle Tracking v Advertising Standards Authority SA 2006 1 SA 461(SA), be answered with reference to the following: 1. Infringement of a subjective right. 2. Breach of a legal duty. 3. The reasonableness of holding ...

Read the judgment in Pro Tempo Akademie CC v Van der Merwe 2018 (1) SA 181 (SCA) and write a discussion of 500-1000 words. Your discussion should include: • a brief summary of the facts of the case [a maximum of 2 marks are awarded for summarising the facts]; • a summary of what the court decided in respect of the wrongfulness element only in that case [a maximum of 8 marks are awarded for the summary of what the court decided in respect of the wrongfulness element]; and • your own ev...

PVL3703 MCQ EXAM PACK 2022. If Thabo wishes to institute a delictual claim against the Metro, he may rely on the following delictual remedy or remedies: 1. The actio legis Aquiliae and the actio iniuriarum. 2. The actio legis Aquiliae and the action for pain and suffering. 3. The actio legis Aquiliae only. 4. The actio de effusis vel deiectis only. (2) 2. If Thabo institutes a delictual claim against the Metro, the question whether the Metro’s conduct was wrongful will, according to t...

Test Bank For Essentials of Criminal Justice 7th International Edition by Larry J. Siegel Chapter 3—Criminal Law: Substance and Procedure MULTIPLE CHOICE 1. American civil law is primarily concerned with: a. compensating the injured party for harm. b. protecting the public against harm. c. controlling social values and mores. d. contracting legal obligations between aggrieved individuals. ANS: A PTS: 1 REF: p. 84 OBJ: 03-01 2. What desire underlies the broad purposes of the cri...

PVL3703 MCQ EXAM PACK 2022. If Thabo wishes to institute a delictual claim against the Metro, he may rely on the following delictual remedy or remedies: 1. The actio legis Aquiliae and the actio iniuriarum. 2. The actio legis Aquiliae and the action for pain and suffering. 3. The actio legis Aquiliae only. 4. The actio de effusis vel deiectis only. (2) 2. If Thabo institutes a delictual claim against the Metro, the question whether the Metro’s conduct was wrongful will, according to t...