Actus Reus

Question 1

Actus Reus

Answer 1

Physical act over which defendant has control, or the failure to act that is actionable by law

Action has to be voluntary

Question 2

Voluntary Act Requirement

Answer 2

• ∆ commits a voluntary act; and
• ∆ has physical control over the act, OR
• Committed a voluntary act with knowledge of the risk, OR
• ∆ did not perform an act when he had a legal duty to do so, OR
• ∆ was in possession of drugs, firearms, stolen property, or other illegal goods

Question 3

Failure to Act/Liability for Omissions

Answer 3

Defendant fails to act; and
Defendant had a legal duty to act; and
Failure to act caused a social harm

Question 4

When Do You Have a Legal Duty to Act?

Answer 4

Special relationship 
Contract
Statutory duty 
Creation of risk 
Assumption of care

Question 5

Good Samaritan Laws

Answer 5

Imposes an affirmative duty on ordinary people to assist others in need

Only apply when a party can offer aid safely, and shield the party from civil liability

Cons: It would be difficult to enforce a universal duty to provide aid to others; could result in wasted litigation costs