Intent
Encyclopedia
Intent in law
is the planning and desire to perform an act, to fail to do so (i.e. an omission) or to achieve a state of affairs. In psychological view it may mean a different thing.
In criminal law
, for a given actus reus
("guilty act"), the required element to prove intent consists of showing mens rea
(mental state, "guilty mind").
The requirements for the proof of intent in tort law are generally simpler than criminal law. Knowledge of the repercussions of the act is often not necessary. It is sometimes only a matter of showing that there was desire to perform an act.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
is the planning and desire to perform an act, to fail to do so (i.e. an omission) or to achieve a state of affairs. In psychological view it may mean a different thing.
In criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, for a given actus reus
Actus reus
Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions...
("guilty act"), the required element to prove intent consists of showing mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
(mental state, "guilty mind").
The requirements for the proof of intent in tort law are generally simpler than criminal law. Knowledge of the repercussions of the act is often not necessary. It is sometimes only a matter of showing that there was desire to perform an act.
See also
- Intention (criminal law)
- Letter and spirit of the lawLetter and spirit of the lawThe letter of the law versus the spirit of the law is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, one is obeying the literal interpretation of the words of the law, but not the intent of those who wrote the law...