Иностранный (английский) язык в сфере юриспруденции

While common law is sometimes used in reference to laws and ideals brought forward through time, often from colonial England, it more currently refers to the edicts and decisions made by judges in court proceedings, which set a standard by which to judge future similar cases.Crime of OmissionIndividuals are seen as owing two types of duty towards others. First, they are bound to act according to the law, not violating current statute or the laws of the time. Second, people have a moral duty to act in certain circumstances, such actions described by moral values and traditions, referred to as a “moral duty.”An example of moral duty might occur when Sam sees that Brian is drowning in shallow water. There is no specific law or statute that requires Sam to jump in and save Brian, but a moral duty would certainly require Sam to do whatever he could to save Brian. Common law and certain modem statutes apply objective consideration to whether or not an individual would risk injury to his health or well-being by proactively intervening to prevent injury to another. In the event an individual or entity failed to act, with the knowledge that his failure to act would contribute to or cause injury to another, he could be found guilty of a crime of omission.In the drowning example above, if Brian was drowning in water only a foot deep, or there was no floatation device that Sam could toss to Brian, or if Sam had his cell phone in his pocket that could be used to call 9-1-1, yet Sam took no action to aid Brian, he could be found liable for a crime of omission. On the other hand, there is absolutely no requirement that a person put himself in harm’s way to provide aid, so if Brian was drowning in raging flood waters, Sam would not be held liable for not jumping in.Elements of a Criminal ActTo find someone guilty of a criminal act, the pro...