Chapter 3 Vocabulary

Question 1

Code of Hammurabi

Answer 1

Oldest legal code with 300 provisions for family, trade, real property, personal property, and labor

Question 2

Trial by ordeal

Answer 2

Outcome rested in the hands of God

Question 3

Age of Enlightenment

Answer 3

Brought new ways of thinking for punishment

Question 4

Specific deterrence

Answer 4

punishment serves to deter people being punished from committing future crimes

Question 5

General deterrence

Answer 5

General population will not commit crime because of the negative consequences

Question 6

Felicitous or hedonistic calculus

Answer 6

Measure indicating how much pleasure an individual gains from a act

Question 7

Utilitarianism

Answer 7

States a action is morally right as long as the behavior benefits the society

Question 8

Panopticon

Answer 8

Created by Bentham and it allows people to watch people in prison setting without them knowing

Question 9

Rule of law

Answer 9

Every citizen should obey laws

Question 10

Retribution

Answer 10

A goal or law that say punishment is deserved

Question 11

Lex talionis

Answer 11

“Eye for an eye” punishment should match crime

Question 12

Restitution

Answer 12

Repayment for injury or loss

Question 13

Rehabilitation

Answer 13

Reduce chances of future crimes

Question 14

Incapacitation

Answer 14

Takes offender from public

Question 15

Common law

Answer 15

Courts define the law and how to apply them

Question 16

Constitutional law

Answer 16

Establishes rules among judiciary, legislative,and executive branch

Question 17

Procedural law

Answer 17

Rules governing court proceedings

Question 18

Bill of rights

Answer 18

First 10 amendments of the constitution dealing with arrest, warrant, searches, and trials

Question 19

Substantive law

Answer 19

Rules that are used to determine people’s rights

Question 20

Preemption doctrine

Answer 20

Law is the “supreme law of the land”

Question 21

Statutes

Answer 21

Laws adopted by states

Question 22

Ordinances

Answer 22

City rules

Question 23

Case law

Answer 23

Law that is based on previous court decisions

Question 24

Precedent

Answer 24

It establishes prior case decisions as precedent

Question 25

Stare decisis

Answer 25

Judges must respect precedents set in previous court cases

Question 26

Landmark cases

Answer 26

Establish precedent that changes the interpretation of a law or establishes new case law

Question 27

Civil law

Answer 27

Law that deals with stuff between people or organizations

Question 28

Compensatory damages

Answer 28

Money awarded in a lawsuit

Question 29

Punitive damages

Answer 29

Money awarded in addition to compensatory damages to punish the defendant

Question 30

Class action lawsuit

Answer 30

Civil cases involving large numbers of victims where 1 person represents

Question 31

Administrative law

Answer 31

Derives from a legislative body's delegation of authority over commission or boards to regulate activities controlled by written statutes

Question 32

Actus reus

Answer 32

Indicates the physical act of the crime "guilty act"

Question 33

Mens rea

Answer 33

Used in court to prove criminal intent "guilty mind"

Question 34

Misdemeanor

Answer 34

Less serious crime

Question 35

Wobblers

Answer 35

Crimes that can be charged as a felony or misdemeanor

Question 36

Felony

Answer 36

More serious crime

Question 37

Insanity defense

Answer 37

Belief that a person suffer from mental illness and unable to control their actions so they can't be held accountable for their crimes

Question 38

M'nagthen standard

Answer 38

"Right wrong test" jury must ask did they understand what they were doing and did they know it was wrong

Question 39

Durham test

Answer 39

Says ic a crime happened due to a mental illness

Question 40

Browner rule(ALI test)

Answer 40

"Knowing right from wrong"

Question 41

Irresistible impulse test

Answer 41

A defense finds a person responsible if mental illness prevents the person from controlling their behavior

Question 42

Battered woman syndrome

Answer 42

Excuses women who kill their abusers

Question 43

Ex post facto law

Answer 43

A law passed after a crime was committed