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;
49 Cards in this Set
- Front
- Back
Law |
A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain for forms of behaviors. |
|
Statutory Law |
written or codified law; the "law on the books" as enacted by a government body or agency having the power to make laws. |
|
Penal Code |
The written, organized, and compiled form of the criminal laws of a jurisdiction. |
|
Case Law |
The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serves as a guide to decision making, especially in the courts. |
|
Common Law |
Law originating from usage and custom rather than from written statutes. |
|
Rule of Law |
The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all its members. |
|
Jurisprudence |
The philosophy of law; science and study of law. |
|
Criminal (Penal) Law |
Body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society. |
|
Substantive Criminal Law |
The part of the law that defines crimes and specifies punishments. |
|
Procedural Law |
The part of the law that specifies the methods to be used in enforcing substantive law. |
|
Civil Law |
The branch of modern law that governs relationships between parties. |
|
Tort |
A wrongful act, damage, or injury not involving a breach of contract; private civil wrong or injury. |
|
Precedent |
Legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases. |
|
Stare Decisis |
Legal principle that, in subsequent cases on similar issues of law and fact, courts be bound by their own earlier. |
|
Felony |
Criminal offense punishable by death or by incarceration in a prison facility for at least one year. |
|
Misdemeanors |
Offense punishable by incarceration, usually in a local confinement facility, for a period whose upper limit is prescribed by a statute in a given jurisdiction, typically one year or less. |
|
Offense |
A violation of the criminal law. (J-walking.) |
|
Infraction |
Minor violation of state statute or local ordinance punishable by a fine or other penalty or by a specified, usually limited, term of incarceration. |
|
Treason |
A U.S. citizen's actions to help a foreign government overthrow, make war against, or seriously injure the United States. |
|
Espionage |
The gathering, transmitting, or losing of information related to the national defense in such a manner that the information becomes available to enemies of the United States and may be used to their advantage. |
|
Inchoate Offense |
An offense not yet completed. |
|
Actus Reus |
An act in violation of the law. |
|
Mens Rea |
The state of a guilty mind following a criminal act. |
|
Reckless Behavior |
An activity that increases the risk of harm. |
|
Criminal Negligence |
Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences. |
|
Motive |
A person's reason for committing a crime. |
|
Strict Liability
|
Liability without fault or intention. Doesn't require mens rea.
|
|
Concurrence |
The coexistence of an act in violation of the law and a culpable mental state. |
|
Legal Cause
|
A legally recognizable cause that holds an offender criminally liable for harm.
|
|
Ex Post Facto
|
"After the fact." Crimes committed before laws passed can't be charged.
|
|
Attendant Circumstances
|
The facts surrounding an event.
|
|
Element (Of a Crime)
|
One of the essential features of a crime, as specified by law or statute.
|
|
Corpus Delicti
|
The facts that shoe that a crime has occured; "body of the crime."
|
|
Defense (to a criminal charge)
|
Evidence and arguments offered by a defendant and his or her attorney to show how they shouldn't be liable for a criminal charge.
|
|
Alibi
|
Statement or contention by an individual charged with a crime that she or he was so distant when the crime occured or so engaged in provable activities that their participation in the crime is impossible.
|
|
Justification
|
Legal defense in which the defendant admits that they did it but that they had to.
|
|
Excuse
|
Defensenin which the defendant claims that a personal conditon or circumstance keeps them fro. being held accountable.
|
|
Procedural Defense
|
Defense that claims that the defendant was discriminated against in the justice process or that procedure wasn't followed.
|
|
Self-Defense |
Protecting yourself or your property from the immediate risk of unlawful injury.
|
|
Reasonable Force
|
Degree of force that is appropriate in a given situation to defend yourself.
|
|
Alter Ego Rule
|
The rule of law that holds that a person can defend a third party only under circumstances and only to the degree that the third party could act.
|
|
Insanity defense
|
Legal defense based on claims of mental illness or mental incapacity.
|
|
M'Naghten Rule
|
Rule dor determining insanity which asks the defendant whether thwy knew what they were doing and whether they knew it was wrong.
|
|
Durham Rule
|
States that a person is not criminally responsible for his or her behavior if the persons illegal actions were the result of some mental disease or defect.
|
|
Guilty But Mentally Ill Verdict
|
Verdict equivalent of guilty that finds the defendant in charge of their actions even though they're mentally ill.
|
|
Diminished Capacity
|
Defense based on claims of mental condition that may be insufficient to exonerate of guilt but may be relevant to specific mental elements of certain crimes or degrees of crime.
|
|
Incompetent to Stand Trial
|
A finding by a court that as a result of mental illness defect or disability a defendant is incapable of understanding the nature of the charges and proceedings against them.
|
|
Entrapment
|
Improper or illegal inducement to crine by agebts of law enforcement.
|
|
Double Jeopardy
|
Common law and constitutional prohibition against a second trial for the same offense.
|