final

Question 1

crime

Answer 1

an act committed in violation of a law prohibiting it or omitted in violation of a law ordering it

Question 2

criminal law

Answer 2

defines rights and obligations of individuals in society

Question 3

criminal procedures

Answer 3

enforcement of individuals rights during criminal process

Question 4

civil litigation

Answer 4

injured party sues for court-ordered funds

Question 5

tort

Answer 5

the injury action in a civil litagation

Question 6

plaintiff

Answer 6

injured party

Question 7

strict liability

Answer 7

law defendant violated does not require fault

Question 8

vicarious liability

Answer 8

holds a separate individual liable for defendants actions

Question 9

respondent superior

Answer 9

employer liabilty

Question 10

compensatory damages

Answer 10

compensate injuries

Question 11

punitive damages

Answer 11

punishing defendant for action by paying damages

Question 12

principle of limited methods

Answer 12

individual autonomy is valued criminal law is last resort for social control and the gov should only intervene in human actions when necessary

Question 13

3 factors if behavior should be criminalized

Answer 13

is law enforceable/are effects disadvantageous/are there other means of controlling behavior

Question 14

mala in se

Answer 14

inherently evil acts

Question 15

mala prohibita

Answer 15

promulgated by legistlature

Question 16

2 parts to criminal law

Answer 16

general and specific

Question 17

2 broadest powers

Answer 17

common clause and common and necessary clause

Question 18

jurisdictions

Answer 18

power of court to hear a dispute territory subject matter over which lawful authority may be justified by a c ourt or other justice system agency as determined by statues

Question 19

petitioner and respondent

Answer 19

parties in a collateral attack

Question 20

the burden of production/evidence

Answer 20

prosecution

Question 21

burden of persuasion

Answer 21

defense

Question 22

circumstantial evidence

Answer 22

indirectly proves a fact

Question 23

3 levels of scrutiny

Answer 23

strict intermediate rational

Question 24

intermediate scrutiny

Answer 24

if law applies differently based on gender or if it prohibits speech any time or place the gov interest in regulating certain conduct bs individual liberty protected right

Question 25

rule of law

Answer 25

principle that establishes the written rules and procedures that define prohibit and prescribe punishments

Question 26

principle of legaility

Answer 26

no crime without law and no punishment without law

Question 27

bill of attainder

Answer 27

legislature cannot punish without a trial and cannot be tried without a notice

Question 28

ex post facto

Answer 28

no retroactive actions; fair warning and avoid arbitrary action

Question 29

katz vs us

Answer 29

no invasion of private property search if action by gov invades reasonable expectation of privacy

Question 30

bowers v hardwick

Answer 30

zone of privacy

Question 31

voluntary

Answer 31

measurable act

Question 32

good samaritan doctrine

Answer 32

legal duty to help an in peril stranger

Question 33

american bystander rule

Answer 33

no legal duty to help someone in danger even if helping will cause no danger to themselves

Question 34

actual possesion

Answer 34

physical control of item

Question 35

constructive posession

Answer 35

within dominion and control

Question 36

knowing posession

Answer 36

posess item and know what it is

Question 37

mere possession

Answer 37

posses item but dont know what it is

Question 38

recklessly

Answer 38

knew stakes and were aware

Question 39

negligently

Answer 39

failed to percieve risk but should have known

Question 40

general intent

Answer 40

defendant acts and no desire beyond act

Question 41

specific intent

Answer 41

general intent and result

Question 42

transferred intent

Answer 42

lousy shot intent consequence of actions was not intended

Question 43

construtive intent

Answer 43

intent to hurt but greater harm occurs than intended

Question 44

strict liabilty

Answer 44

voluntary actions

Question 45

vicarious liabilty

Answer 45

respondent superior transfers from one defendant to another

Question 46

perfect defense

Answer 46

fully self defense

Question 47

imperfect defense

Answer 47

lessen charges but wont acquit

Question 48

affirmitive defense

Answer 48

raising a new defense

Question 49

self defense

Answer 49

must be unprovoked imminent proportionate and reasonable belief

Question 50

insanity

Answer 50

at the time the crime was committed the defendant was at such a mental disease or defect that he could not tell right from wrong

Question 51

choice of evils defense

Answer 51

justifys choice to commit a lesser crime to safe life or safety of someone

Question 52

coercion defense

Answer 52

brought about by an another individual forcing someone into doing something illegal

Question 53

mcnaughton test

Answer 53

focuses on defendants awareness and will

Question 54

principal 1st degree

Answer 54

actually commit the crime

Question 55

principal 2nd degree

Answer 55

alders or abets

Question 56

pinkerton rule

Answer 56

conspiracy and the underlying crime are sperate and distinct offenses

Question 57

mere presecene rule

Answer 57

mere precense is not enough to satisfy acomplice actus reus

Question 58

vicarious liabilty

Answer 58

crimes committed by another simply by relationship

Question 59

inchoate crimes

Answer 59

attempt to participate in crime but do not fully content; have an intent