Exam 3 Flashcards
(61 cards)
What does property law govern
- the “things” that people can own
- the ways in which people can own them
What are the bundle of rights?
-Liberty to use
-Right to exclude
-Power to transfer
-Immunity from
damage
. What are some benefits of the social value of private
property law?
-Encourages highest and best use of property
-Provide individual with a degree of independence
What are some detriments of the social value of private property law?
-Collective ownership might be more equitable
and efficient.
-Consolidation of wealth leads to undue political influence
What are different types of property?
-Personal
-Real
-Intellectual
(patent, copyright,
trademark)
What are certain ways to acquire property?
-Discovery
-Conquest
-Adverse Possession
What is intestate?
Dying without a will
What can a will do in estates?
-Can divide property according to wishes
-Can assign guardians for minor children
What is a trustee in estates?
A person legally appointed to manage and distribute
assets held within a trust.
What are types of criminal takings?
Theft by…..
-Taking
-Extortion
-Services
-Lost property
-Embezzlement
-Robbery
What are types of property crimes?
-Vandalism
-Arson
-Burglary
-Animal abuse
-Cyber-crime
7 principles of criminal law
- legality
- actus reus
- causation
- harm
- concurrence
- mens rea
- punishment
What is principle of legality?
No crime without law, no punishment without law
What is the MPC Voluntary Act?
A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.
What are considered NOT voluntary acts of the MPC?
-A reflex or convulsion.
-A bodily movement during unconsciousness or sleep.
-conduct during hypnosis or resulting from hypnotic
suggestion.
-A bodily movement that otherwise is not a product of
the effort or determination of the actor, either conscious
or habitual.
What is the MPC Voluntary Omission?
Liability for the commission of an offense may not be based on an omission unaccompanied by action.
What does it mean to act purposely with respect to a
material element of an offense?
When it is their conscious object to engage in conduct of that nature or to cause such a result
What is the requirement for a person to act purposely
regarding attendant circumstances?
A person must be aware of the existence of such circumstances or believe or hope that they exist.
What does it mean for a person to act knowingly with
respect to a material element of an offense?
When is aware that his conduct is of a certain nature
or that certain circumstances exist.
What does it mean if the element involves a result of
a person’s conduct?
The person is aware that it is practically certain
that his conduct will cause such a result.
What does it mean to act recklessly according to the
MPC?
When he consciously disregards a substantial and unjustifiable risk that a material element of
an offense exists or will result from his conduct.
What does it mean to act negligently with respect to a
material element of an offense?
When he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct.
What is MPC criminal homicide
Murder, manslaughter or negligent homicide.
When is a person guilty of criminal homicide?
If he purposely, knowingly, recklessly or negligently causes the death of another human being.
