1. How to Study Law for Businesses

Business Law ◽  
2020 ◽  
pp. 3-12
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Good Practice ◽  
Problem Type ◽  
Sample Problem ◽  
Business Law ◽  
Legal Questions ◽  
The Law ◽  
Business And Management ◽  
Type Question

This chapter begins by identifying the reasons that make the study of business law an important aspect in the wider context of business. It identifies strategies and good practice that will help a student with their studies, and provides a sample problem-type question and guidance on how to prepare a law-based answer. Business law is a distinct topic from other modules on accountancy, business, and management courses. A knowledge of the law cannot be bluffed—it is necessary to be aware of the relevant laws and think about business problems from a legal standpoint. This approach will ensure that legal questions are answered with reference to the law, which is crucial to being successful in the business law module.

1. Studying Law

Business Law ◽  
2018 ◽  
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Good Practice ◽  
Problem Type ◽  
Sample Problem ◽  
Business Law ◽  
Legal Questions ◽  
The Law ◽  
Business And Management ◽  
Type Question

This chapter begins by identifying the reasons that make the study of business law an important aspect in the wider context of business. It identifies strategies and good practice that will help a student with their studies, a sample problem-type question and how to prepare a law-based answer. Business law is a distinct topic from other modules on accountancy, business, and management courses. A knowledge of the law cannot be bluffed—it is necessary to be aware of the relevant laws and think about business problems from a legal standpoint. This approach will ensure that legal questions are answered with reference to the law, which is crucial to being successful in the business law module.

2. Actus reus

2021 ◽  
pp. 39-84
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Legal Reform ◽  
Mens Rea ◽  
Problem Type ◽  
Actus Reus ◽  
The Law ◽  
Type Question

This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. These external elements do not simply relate to D’s conduct. Rather, as we will see, the actus reus of an offence includes any offence elements outside of the fault element (‘mens rea’) of the offence. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.

2. Actus reus

2019 ◽  
pp. 37-81
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Legal Reform ◽  
Mens Rea ◽  
Problem Type ◽  
Actus Reus ◽  
The Law ◽  
The Mind ◽  
Type Question

This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. An actus reus is not simply about the movements of the accused, that is, her conduct. Rather, it includes any offence requirement that is external from the mind of the accused: anything that is not mens rea. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.

3. Mens rea

2019 ◽  
pp. 82-126
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Criminal Liability ◽  
Mens Rea ◽  
Problem Type ◽  
Actus Reus ◽  
The Law ◽  
Type Question ◽  
Legal Meaning

This chapter provides an overview of mens rea, loosely translated as ‘guilty mind’. Whereas the actus reus of an offence focuses on the accused’s conduct, the results of that conduct, and the circumstances in which it takes place (external elements), mens rea focuses on what is going on in the accused’s mind (internal elements). The chapter first considers the elements of criminal liability under mens rea versus actus reus before discussing the legal meaning of central mens rea terms such as ‘intention’, ‘negligence’, ‘dishonesty’, and ‘recklessness’ and how these terms work in the context of a whole offence. It also describes certain offences that require actus reus elements with no corresponding mens rea and vice versa. Finally, it outlines a structure for analysing the mens rea of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter.

2. Actus reus

2017 ◽  
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Legal Reform ◽  
Mens Rea ◽  
Problem Type ◽  
Actus Reus ◽  
The Law ◽  
The Mind ◽  
Type Question

This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. An actus reus is not simply about the movements of the accused, that is, her conduct. Rather, it includes any offence requirement that is external from the mind of the accused: anything that is not mens rea. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.

3. Mens rea

2021 ◽  
pp. 85-129
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Mens Rea ◽  
Problem Type ◽  
State Of Mind ◽  
Actus Reus ◽  
The Law ◽  
Type Question ◽  
Legal Meaning

This chapter provides an overview of mens rea, loosely translated as ‘guilty mind’. Whereas the concept of actus reus focusses on the external elements of an offence, mens rea focusses on state of mind or fault. The mens rea of the offence describes the fault element with which D acted: D intended, believed, foresaw as a risk of the proscribed element; and so on. The chapter first considers how offences differ in the role mens rea plays. For some offences a mens rea element may be required in relation to each actus reus element; for other offences there are actus reus elements that do not have a corresponding mens rea and vice versa. The chapter moves on to discuss the legal meaning of central mens rea terms such as ‘intention’, ‘negligence’, ‘dishonesty’, and ‘recklessness’. Finally, it outlines reform debates, and a structure for analysing the mens rea of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter.

3. Mens rea

2017 ◽  
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Criminal Liability ◽  
Mens Rea ◽  
Problem Type ◽  
Actus Reus ◽  
The Law ◽  
Type Question ◽  
Legal Meaning

This chapter provides an overview of mens rea, loosely translated as ‘guilty mind’. Whereas the actus reus of an offence focuses on the accused’s conduct, the results of that conduct, and the circumstances in which it takes place (external elements), mens rea focuses on what is going on in the accused’s mind (internal elements). The chapter first considers the elements of criminal liability under mens rea versus actus reus before discussing the legal meaning of central mens rea terms such as ‘intention’, ‘negligence’, ‘dishonesty’, and ‘recklessness’ and how these terms work in the context of a whole offence. It also describes certain offences that require actus reus elements with no corresponding mens rea and vice versa. Finally, it outlines a structure for analysing the mens rea of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter.

Under the law: Masking reality

2021 ◽  
Vol 103 (3) ◽  
pp. 64-65
Author(s):  
Robert Kim
Keyword(s):  
School Districts ◽  
Disease Control ◽  
Vaccination Status ◽  
Legal Decisions ◽  
Legal Questions ◽  
The Law ◽  
Centers For Disease Control ◽  
K 12

The Centers for Disease Control and Prevention’s recommendation that students, staff, and visitors at K-12 schools wear masks indoors, regardless of their COVID-19 vaccination status, led numerous states to issue mask mandates for some or all K-12 schools. Most of the remaining states have decided to allow school districts to do whatever they want around masks, but a few banned local mask mandates. These developments invite a number of legal questions about the legality of mask mandates (and bans on those mandates). Robert Kim reviews the legal decisions issued thus far related to mask requirements.

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