What is referred to as the lawful act that constitutes a breach of the law?

The lawful act that constitutes a breach of the law is referred to as actus reus. This term is pivotal in criminal law, as it embodies the physical act or conduct that leads to the commission of a crime. Actus reus must be proven in conjunction with the mental state or intent (mens rea) of the offender, as both elements are necessary to establish liability for most crimes.

Understanding actus reus involves realizing that it encompasses not just voluntary actions but can also include omissions or failures to act when there is a legal duty to do so. This makes it a fundamental concept, as it is the first element evaluated in determining whether a crime has occurred.

Mens rea, on the other hand, refers to the mental state or intent behind the act and cannot be considered the physical action or breach itself. Concurrence relates to the requirement that both the actus reus and mens rea must occur together, while justification pertains to circumstances that may negate liability despite the act being unlawful. Therefore, while these concepts are essential for a comprehensive understanding of criminal liability, actus reus specifically identifies the breach of law in question.