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It is sufficient for the plaintiff to prove only that the accused had sufficient knowledge to foresee the contact with "substantial certainty." The Court, noting that a new trial was unnecessary, [4] remanded the case back to the trial court for clarification of the boy's knowledge at the time. Subsequently, the trial court found in favor of ...
In R v Matthews and Alleyne, [4] the Court of Appeal concluded that the Woollin test was an evidential rather than substantial rule of law: judges ought to instruct jurors that they may interpret what they would see as certain knowledge on the defendant's part of the virtually certain consequence of death as evidence of intention, but Woollin ...
Genocidal intent is the specific mental element, or mens rea, required to classify an act as genocide under international law, [1] particularly the 1948 Genocide Convention. [2] To establish genocide, perpetrators must be shown to have had the dolus specialis , or specific intent , to destroy a particular national, ethnic, racial, or religious ...
In law, the substantial certainty doctrine is the assumption of intent even if the actor did not intend the result, but knew with substantial certainty the effect would occur as a result of his action. [1] The doctrine can be used by courts as a test to determine whether or not a defendant committed a tort. For example, in Garratt v.
Scienter is generally used as a necessary condition of certain causes of civil action and as a standard for civil liability or criminal guilt.For instance, Section 1960 of Title 18 of the United States Code provides a scienter condition, requiring that the accused "knowingly conducts, controls, manages, supervises, directs, or owns" a prohibited type of business.
Willful ignorance is sometimes called willful blindness, contrived ignorance, conscious avoidance, [4] intentional ignorance, or Nelsonian knowledge. [ 5 ] The jury instruction for willful blindness is sometimes called the " ostrich instruction ".
Case history; Prior: Cert. to the United States Court of Appeals for the Sixth Circuit Holding; Mere omission of any mention of intent from the criminal statute was not to be construed as the elimination of that element from the crimes denounced, and that where intent was an element of the crime charged, its existence was a question of fact to be determined by the jury.
The Gettier problem, in the field of epistemology, is a landmark philosophical problem concerning the understanding of descriptive knowledge.Attributed to American philosopher Edmund Gettier, Gettier-type counterexamples (called "Gettier-cases") challenge the long-held justified true belief (JTB) account of knowledge.