Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
47 Cards in this Set
- Front
- Back
Why is there a formal system and what are the advantages? |
Formal law states laws outright, and is the same for everyone in the state |
|
Civil law vs criminal law? |
In criminal law, the punishments are more serious, the state is the accusing party, focuses on punishing the offender. In civil law a private party brings the lawsuit, and it is about compensating the wronged person |
|
When was retribution refocused in criminal law instead of rehabilitation |
1980's |
|
Mala en si |
Wrong in nature |
|
Mala prohibita |
Illegal because the law defines them as such |
|
What is the dual court system |
Federal court/ state court |
|
Importance of MPC |
Made by American law institute, makes on code that any place can adopt so that law is consistent |
|
Trial court v appellate court |
Trial court hear facts of a case,where judge or jury decides on it. Appellate court decides if the defendant received fairdue process or not |
|
What is English common law |
Customs, traditions, judicial decision that g guides courts in decision making but have not been enacted by legislature into statutes. Started in England |
|
Important of English common law |
Interpretation of laws might be made in light of common law decisions |
|
Statutory law |
Each states criminal statute defines the crimes and penalties applicable in that state. |
|
Procedural law |
The methods by which law may be enforced |
|
Case law |
Law that is developed through judicial decisions on a case by case basis |
|
Administrative law |
A body of regulations and roles that come from administrative agencies to which Congress and state legislature have delegated power to make and enforce those rules and regulations |
|
Why is administrative law important |
Violations of administrative law may constitute offensive enforced by criminal courts |
|
Prosecutorial discretion |
A prosecutor has broad discretion when decideing to pursue a case by deciding what to charge the offender with |
|
Classification of crimes |
Crimes are classified by grade of offense, as well as moral turpitude, which is acts that are vile or immoral. The classification of a crime can determine whether a case is heard or not |
|
Void for vagueness |
When a statute is too vague or broad, and a normal person cannot understand what is forbiden or required of them, the statute is void for vagueness. |
|
Ex posto facto laws |
A law cannot be made to impose punishment on a person for a law that was not in place during the time they did the act. |
|
Bill of attainer |
Prohibited by the constitution, means legislative act which inflicts punishment without a judicial trial |
|
Due process |
Statutes may not be defined or enforced in an unreasonable, capricious, or arbitrary manner. People who are charged have the right to be notified, heard and defend themselves |
|
Right to privacy basis |
Although not stated explicitly in the bill of rights, the rights have penumbra, formed by emanations from those guarantee that help give them life and substance |
|
Adversarial system |
The prosecutor and defense counsel must oppose each other in trial, and the defendant is presumed innocent |
|
Inquisitorial system |
Defendants are presumed guilty until proven innocent |
|
Substantial factor |
One that a reasonable person might conclude was sufficient to support the resulting injury or death |
|
Legal reasoning |
Lawyers read the facts of decided. Cases and present the facts of the undecided case in light of those decisions |
|
Evolution of right to appointed counsel felony cases |
6th amendment right to counsel. In Gideon v Florida, the supreme Court extended right to appointed counsel to all felony cases |
|
Jury nullification |
Jury refuses to return a guilty verdict even when there's guilt beyond a reasonable doubt. Often occurs in mercy killing cases |
|
Stare decisis |
Let the decision stand |
|
Actus reus |
A wrongful deed, if combined with other elements of a crime, may result in legal arrest |
|
Men's rea |
Guilty mind |
|
When is behavior not an act in criminal law |
If it is involuntary then you were not at fault |
|
Failure to act |
Only illegal to not act when you have a legal duty to act such as parent and children |
|
A tort |
A wrong |
|
4 level of intent in MPC |
Purposefully, knowingly, recklessly, and negligently |
|
Why is it difficult to prove criminal intent |
Inference must be made |
|
Difference between motive and intent |
Motive is there why of the defendants actions, while intent is what they meant to do |
|
What is causation |
Cause if the harm |
|
Intervening causes |
A contributing cause of harm or death |
|
Attendant circumstances |
Facts surrounding an event |
|
Strict liability |
Held liable no matter what. Ex selling alcohol to a minor is sufficient to establish liability, no matter the circumstances |
|
Vicarious liability |
Dispenses the requirement of the actus reus and imputes the criminal act of one person to another |
|
Enterprise liability |
Corporations may be held liable for the actions of their agents who were acting on behalf of the Enterprise that employs them |
|
4 elements that make a crime |
1 a criminal act, 2 criminal state of mind 3 concurrence of criminal act and criminal state of mind 4 causation |
|
Specific intent |
An act with an intent more than to commit the forbidden act |
|
General intent |
Willful commission of an act |
|
Circumstantial evidence |
Direct evidence, ie eyewitness testimony |