CRIMINAL LAW REVIEW QUESTIONS CHAPTER - Sasha-Gayle Simpson Professor Hamil-Scot Criminal Law Session 3 REVIEW QUESTIONS ON CHAPTER ONE CRIMINAL LAW

CRIMINAL LAW REVIEW QUESTIONS CHAPTER - Sasha-Gayle Simpson...

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Sasha-Gayle Simpson Professor Hamil-Scot Criminal Law- Session 3 06/06/2017 REVIEW QUESTIONS ON CHAPTER ONE: CRIMINAL LAW, PURPOSES, SCOPE AND SOURCES 1. What is certiorari? A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. 2. What is habeas corpus? Court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the judge is not persuaded by the government's case. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them. 3. What is a tort? What is a crime? What is a moral wrong? A tort is an injury or wrong committed with or without force against another person or his property; a civil wrong that is a breach of a legal duty owed by the person who commits the tort to the victim of the tort A crime is an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law. Moral wrong is an underlying concept for legal wrong, and some moral wrongs are punishable by law, for example rape or murder. Other moral wrongs have nothing to do with law. On the other hand, some legal wrongs, such as parking offences, could hardly be classified as moral wrongs.
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