Search results
Results from the WOW.Com Content Network
The concept of strict liability is also found in criminal law. Strict liability often applies to vehicular traffic offenses: in a speeding case, for example, whether the defendant knew that the posted speed limit was being exceeded is irrelevant; the prosecutor need only prove that the defendant was driving the vehicle in excess of the posted ...
In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).
Rex v. Prince, L.R. 2 C.C.R. 154 (1875), was an English case that held the mens rea necessary for criminal liability should be required for the elements central to the wrongfulness of the act, and that strict liability should apply to the other elements of the statute, such as the believed age of an abductee being irrelevant.
However, the defense of mistake is available to offences of strict liability such as drunk driving: see DPP v Bone [2005] NSWSC 1239. And it is the very availability of the defense of 'mistake' that distinguishes between offences of strict and absolute liability. Mistake of fact is unavailable in respect to absolute liability offences. [4]
Criminal Law Directions. Fourth Edition. Oxford University Press. 2016. Chapter 15.5.3. Pages 426 and 427. Blackstone's Criminal Practice 2012. Pages 82, 99, 103 and 107. R S Clark, "The Defence of Impossibility and Offences of Strict Liability" (1968 to 1969) 11 Criminal Law Quarterly 154
In law, ignorantia juris non excusat (Latin for "ignorance of the law excuses not"), [1] or ignorantia legis neminem excusat ("ignorance of law excuses no one"), [2] is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...
On other occasions, causation is the only requirement for legal liability (other than the fact that the outcome is proscribed). For example, in the law of product liability, the courts have come to apply to principle of strict liability: the fact that the defendant's product caused the plaintiff harm is the only thing that matters. The ...