Law I / The Subjective Side: Intent and Mistake
Practice question · Fill in the blanks

Complete the vocabulary of the subjective side.

Intent whose cognitive element is knowledge that the result will necessarily follow, though it is not desired, is direct intent of the ______ degree. Intent in which the person foresees the result as a serious possibility is ______ intent. A mistake about a fact constituting the offence is an error of ______. A purpose written into the offence beyond intent, such as an intent to gain in theft, is a subjective element of the ______.

Word bank: second · eventual · type · unjust · first · prohibition

Hints
  1. The first blank is the aircraft case: the crew's deaths are necessary and unwanted.
  2. The last blank names the extra requirement some types carry.
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Intent whose cognitive element is knowledge that the result will necessarily follow, though it is not desired, is direct intent of the second degree. Intent in which the person foresees the result as a serious possibility is eventual intent. A mistake about a fact constituting the offence is an error of type. A purpose written into the offence beyond intent, such as an intent to gain in theft, is a subjective element of the unjust.

Why

The bank deliberately holds both kinds of error. Error of type attacks knowledge of the facts and therefore intent; error of prohibition attacks knowledge of the law and therefore the reproach. Choosing the wrong one at this point produces the wrong answer at every later stage of the analysis.

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