We use cookies to give you the best experience possible. By continuing we’ll assume you’re on board with our cookie policy

Legal Notes Essay Sample

The whole doc is available only for registered users OPEN DOC
  • Pages:
  • Word count: 414
  • Category: medicine

Get Full Essay

Get access to this section to get all the help you need with your essay and educational goals.

Get Access

Legal Notes Essay Sample

Theoretical question
What are the elements of the test for dolus eventualis in the case of somebody who is charged with murder – i.e., what must the state show to prove this form of mens rea beyond reasonable doubt? (5)

Practical problem question
Jake is the owner of a factory which is losing so much money that it is about to go out of business. Jake is in despair. He is a single parent who urgently needs to obtain funds for the medical treatment needed by his daughter Priya, who suffers from leukaemia. He decides that the only solution is to burn down the factory so as to obtain the insurance money and use it to pay for medical expenses. One Tuesday morning at 06h30, Jake enters the factory. The factory employees are only due at work by 07h30, but Jake knows that workers occasionally sleep in the factory building overnight if they have been working late the night before. Without checking whether anyone is in the building, Jake pours petrol all over the factory floor. He ignites the petrol, and makes a quick get-away.

The factory burns to the ground. In addition, all the employees’ possessions stored in their lockers in the factory, including clothes and money, are also destroyed. A factory employee, Klaas, who was sleeping in the canteen, died in the fire. Filled with remorse, Jake turns himself into the police and tells them about his insurance scam plan. He is charged with arson and attempted fraud (for burning down the factory to obtain the insurance money); malicious damage to property (due to

the destruction of the factory employees’ property that was in the building); and murder (in respect of Klaas’ death). You are the judge in this case. Evaluate if any of the following is a valid legal defence and, if not, explain briefly what category (type) of mens rea is present in each instance. 1. In respect of the charges of arson and fraud, Jake’s legal representative argues that the reason for his actions was laudable: he wanted to obtain money for his ill daughter’s medical expenses. Briefly refer to case law to support your answer. (6)

2. In respect of the charge of malicious damage to property, Jake’s legal representative argues that it was not Jake’s aim to destroy his employee’s possessions in the fire. (4)3. In respect of the charge of murder, Jake’s legal representative argues that Jake did not desire Klaas’ death.

We can write a custom essay

According to Your Specific Requirements

Order an essay

You May Also Find These Documents Helpful

The Future of Nursing on the Front...

As the evolving U. S Health Care system continues to grow, healthcare professionals across all disciplines continue to play a critical role in supporting the ever-changing industry. Registered Nurses are among the largest healthcare provider to contribute to the demanding U. S Health Care system. However, there are many challenges and barriers within the system as a whole that is preventing the U. S Health...

Is There Such Thing as Too Much...

Mammography is a type of x-ray used specifically for breast cancer screening and diagnosis. It is the most reliable radiographic technique for early detection of breast cancer[1]. A mammogram is preformed by pressing the breast in between two specifically designed plates. For a screening test each breast is x-rayed twice, once from a vertical angle and once from a horizontal angle. For a diagnostic test...

Schistosomiasis Case

Schistosomiasis, commonly known as snail fever, bilharzia and bilharziasis, is a disease caused by parasitic worms. It is the mostly deadly NTD - neglected tropical disease - affecting millions of people each year around the world. Even with a low mortality rate, schistosomiasis is only second to malaria in terms of having a great social, economic, and health impact in tropical regions of the world,...

Penicillin - Discovery, Properties and Uses

Penicillin is a familiar word to everyone. The first idea that comes to people's mind is Penicillin is a group of antibiotics, as Penicillin is a very common antibiotic that kills bacteria. Apart from killing bacteria, what else do people know? Probably is nothing. In this project, I would like to find out what do Penicillin is and how people discovery Penicillin. First of all,...

Stages Involved in Research, Development and Testing...

1. Outline the stages involved in research, development and testing of new pharmaceutical products. Within the outline include potential costs and a general time frame for the process. AstraZeneca They have spent $12 billion for every drug they got approval for. Discovery phase -4years 1. The pharmacy will try to discover potential medicine. They will first identify the unmet medical need and the market opportunity,...

Get Access To The Full Essay
Materials Daily
100,000+ Subjects
2000+ Topics
Free Plagiarism
All Materials
are Cataloged Well

Sorry, but copying text is forbidden on this website. If you need this or any other sample, we can send it to you via email.

By clicking "SEND", you agree to our terms of service and privacy policy. We'll occasionally send you account related and promo emails.
Sorry, but only registered users have full access

How about getting this access

Become a member

Your Answer Is Very Helpful For Us
Thank You A Lot!


Emma Taylor


Hi there!
Would you like to get such a paper?
How about getting a customized one?

Can't find What you were Looking for?

Get access to our huge, continuously updated knowledge base

The next update will be in:
14 : 59 : 59
Become a Member