Examples of the nature & purpose of law:
#NAME?
What is the term for the "law on the books"; law of the land?
Statutory Law
Statutory law results from ___________ action.
Legislative
What is the term for the written form of criminal law?
Penal code/penal law
What is the term for the unwritten historical precedents created from every day social customs, rules & practices?
Common law
What is the term for the legal doctrine obligating courts to follow historical cases when making rulings on similar cases?
Stare Decisis
What is the term for crimes violating society's view of morality?
Mala in se
Examples of mala in se crimes:
#NAME?
True or False
Mala in se offenses/crimes are those that by their own nature are evil.
TRUE
What is the term for crimes that are wrong b/c laws exist that prohibit them?
Mala prohibita
Examples of mala prohibita crimes:
#NAME?
True or False
Mala prohibita crimes are those that are criminal based on social conditions.
TRUE
Criminal law is a "living document" that evolves to keep up with what?
The pace of changing society
What is the origins of the rule of the law?
-Code of Hammurabi (2000 BCE)
-"Eye for an eye
What is the rule of the law or supremacy of law?
No one's above the law & those who make laws must abide by it
True or False
The rule of law centers on beliefs that orderly society must be governed by established principles & known codes that must be applied uniformly & fairly to all members of society.
TRUE
What is the term for laws directly governing the citizens?
Substantive Criminal Law
Substantive criminal law are the actual laws governing the people and defines what?
Defines what constitutes certain crimes & penalties for them
What is the term for the rules governing the government; what the gov't may & may not do to enforce law and penalize offenders?
Procedural Criminal Law
True or False
Procedural criminal law is the mechanisms by which substantive law is enforced.
TRUE
Procedural criminal law consists of the methods that must be followed in doing what?
#NAME?
What is the term for non-criminal law?
Civil Law
Examples of civil law includes:
#NAME?
What is the term for the law of personal injuries; action causing claimant to suffer loss or harm?
Tort
Torts are wrongful acts, damage or injury ________ (involving/not involving) breach of contract.
Not involving
What is the term for the law of state & gov't agencies that control administrative relationships w/ individuals?
Public Law
What is the term for a plaintiff (seeks relief) & defendant (against whom relief is sought)?
Civil Suit
What are the 2 types of law?
1. Civil
2. Criminal
What is civil law?
Set of formal rules regulating disputes between private parties
Civil law governs relationships between and among who?
-People
-Businesses
-Agencies of gov't
Civil law can include dealing with:
#NAME?
Within civil law, what must be proven?
Must prove one has greater weight in evidence & believability
What is civil law suits often concerned w/ issues of?
#NAME?
True or False
Only a small # of civil law cases deal w/ disputes between individuals.
FALSE
What is criminal law?
#NAME?
What is criminal law punishment (penal law) justified by?
The fact that the offender intended harm & is responsible for it
What must be proved in criminal law within the court of law?
Guilt beyond a reasonable doubt
Within criminal law, violations are considered crimes against _________.
Society
What does it mean if violations in criminal law are considered crimes against society?
Rules set for society's common good were broken
What is criminal law concerned with?
#NAME?
What are the 2 categories of criminal law?
1. Substantive
2. Procedural
What is the term for prohibited behaviors & the appropriate punishments for the offenses?
Substantive law
Examples of substantive law include:
#NAME?
What is the term for the methods used to enforce substantive law (defined crimes & punishments for them)?
Procedural law
Procedural law regulates what?
#NAME?
What is the term for the body of law regulating the operation & procedure of gov't agencies?
Adminstrative Law
Administrative law regulates:
#NAME?
What is the term for law established by outcomes of former cases; "precedence" based on prior judicial decisions?
Case Law
Case law recognizes previous decisions as precedent & represents accumulated wisdom of trials and courts in what cases over the years?
#NAME?
What are the 4 sources of American criminal law?
1. Constitutions
2. Statutes
3. Court Decisions
4. Administrative Decisions
What is the term for the fundamental principles guiding enactment of specific laws & interpretations of the courts?
Constitutions
What is the term for state/federal laws; specific laws passed by state legislators or U.S. Congress prohibitory/mandating certain acts?
Statutes
What is the term for laws applying only to specific county, city or town?
Ordinance
Can legislators pass any law?
Yes, as long as it doesn't violate constitutional principles
Which source of american criminal law is collectively called case law?
Court Decisions
What are U.S. judges required to follow to maintain consistency w/ what's deemed lawful & unlawful?
Previous decisions
Following previous court decisions involves what?
Judges interpreting laws passed by legislatures to determine applicability in a case or clarify meaning
Which source of american criminal law consists of regulations that provide criminal penalties & have the force of criminal law?
Administrative Decisions
What are the 2 views that criminal law arises from?
1. Consensus
2. Conflict
Which view about how criminal law arises believes criminal law reflects society's consensus regarding behavior harmful enough to warrant gov't intervention?
Consensus
The consensus view of criminal law reflects what?
The moral sense of the people about what actions ought to be prohibited
Which view about how criminal law arises believes that an act becomes a crime only when it serves the interest of those in power?
Conflict
The conflict view believes that criminal law protects whose interests?
The ruling class
The conflict view of criminal law suggests enforcement protects the interests of the powerful rather than what?
The general public safety
What are the categories of crime?
1. Felonies
2. Misdemeanors
3. Offenses
4. Treason
5. Espionage
6. Inchoate Offenses
What is the term for greater, more serious crimes; criminal offenses punishable by death OR by prison incarceration for at least 1 year?
Felonies
What is the term for offenses lower than a felony; offenses punishable usually in a local facility & typically for 1 year or less OR a fine?
Misdemeanors
What is the term for minor violations of criminal law, AKA infractions?
Offenses
What is the term for U.S. citizen's actions to help foreign governments overthrow, make war against, or serious injury to the U.S.?
Treason
What is the term for gathering, transmitting or losing of info. related to nat'l defense in a manner that becomes available to enemies of the U.S.?
Espionage
What is the term for an offense not yet completed; consists of an action or conduct in a step toward the intended commission of an offense?
Inchoate Offenses
What are the 2 fundamental components of crime; elements of a crime?
1. Guilty Mind (Mens Rea)
2. Criminal Act (Actus Rea)
What is the hardest to prove in regards to elements of a crime b/c it has to do w/ the mind?
Mens Rea (Guilty Mind)
What does mens rea look at?
Motive & intent of the accused
To prove mens rea what do you need to prove?
The individual meant to do it & that a reasonable person would've been aware of the consequences
What is the term for the person knowing enough to do crime & not need intention of violating law?
Strict Liability
Examples of Strict Liability:
#NAME?
What exactly is actus rea (criminal act)?
Specific behavior that must be committed to meet the definition of the crime
Is mens rea (guilty mind) or actus rea (criminal act) easier to prove?
Actus Rea (criminal act)
Why is it easier to find out if person commited a crime (actus rea)?
#NAME?
Is the intent to commit a crime sufficient for criminal liability w/o the act taking place?
#NAME?
For crime to occur what must there be a simultaneous cross-over between?
The act & the harm that results
What consists of evidence & arguments offered by defendants to show why they shouldn't be held liable for criminal charges?
Criminal defenses
What is the term for the whereabouts at the time of the crime & can prove that?
Alibi
What are examples of justifications for crimes?
#NAME?
What must you prove if you're attempting to use a self-defense justification?
Reasonable belief of being in imminent danger w/ no escape
What must be proven if if you're attempting to use a consent justification?
Crime occurred after consent for behavior was given
What must be proven if if you're attempting to use a resisting unlawful arrest justification?
Over-use of force was used when there's no reason for force to be used
What are examples of excuses for crimes?
#NAME?
What does it mean if a duress excuse is being used?
Forced to commit crime as the only way to prevent death or serious harm to self/others
What does it mean if an insanity excuse is being used?
Defendant's state of mind negates criminal responsibility
What does it mean if a necessity excuse is being used?
#NAME?
What does it mean if an ignorance of law excuse is being used?
Unaware of the law
What does it mean if an intoxication excuse is being used?
Not usually a defense unless it was involuntary
What does it mean if an age excuse is being used?
Can be used if unable to realize full gravity of certain behaviors due to age (usually under 7 y/o)
What are examples of procedural defenses for crimes?
#NAME?
What does the procedural defense, entrapment, mean?
-Agents created crime where there otherwise wouldn't have been one
-Use traps, decoys & deception to induce criminal acts
What does the procedural defense, collateral estoppel, mean?
Can't charge someone twice for the same crime or another crime at the same incident
What does the procedural defense, selective prosecution, mean?
2 or more suspected of having hand in crime but not all actively prosecuted
What does the procedural defense, denial of speedy trial, mean?
Can't have people in jail for undetermined amount of time
What does the procedural defense, prosecutorial misconduct, mean?
Unfair advantage or prejudice rights of defendant/witness
What does the procedural defense, police fraud, mean?
Facts" uncovered during police investigations & false arrests
Which amendment protects against unreasonable searches/seizures; no warrants except upon probable cause?
4th amendment
Which amendment states persons can't be compelled to be witness against oneself?
5th amendment
Which amendments state life, liberty & property can't be taken away w/o due process of law?
5th and 14th amendments
Which amendment states cruel & unusual punishments shall not be inflicted?
8th amendment