Notes From Study Group Flashcards by Ashley Cee

Actus Reus

Wrongful conduct

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To present one’s side in a legal dispute without government obstruction

Due process

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Mens rea

State of mind of the actor/intent

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What is not an essential part of a crime?

Motive

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Mala in se

A crime that is inherently wrong such as murder or rape

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Mala prohibitia

Wrong by statute such as failure to pay taxes, speeding

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Implies a complete disregard for the rights and safety of others resulting in harm. is also a state of mind

Recklessness

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Did the accused use the same amount of care that a reasonable, prudent person exercising ordinary caution would have used under the same circumstances?

The reasonable person test

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A violation of law occurs in good faith with believe certain facts existed, which would make the act innocent if the facts did exist

Mistake of fact

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Reasonable to believe that a crime has been committed by arrestee

Probable cause

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Excludes evidence obtained by methods in violation of the Constitution

Exclusionary rule

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Evidence obtained through an unreasonable search is inadmissible

Fruit of the poisonous tree

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When is it permissible to search employee lockers or desks?

When employees are not allowed to use private locks or their own keys

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When a person fully acknowledges guilt of a crime

Confession

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Acknowledgment of facts, but does not constitute a full acknowledgment of guilt

Admission

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The Miranda rights basically advise arrestees of what two constitutional amendments?

The fifth and sixth

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What is the Fifth Amendment

The rights remain silent

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What is the sixth amendment

The right to an attorney

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Assures the appearance of the accused, must be reasonable, can be denied initially

Bail

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Came from England; determine probable cause; prosecutor issues indictments

Grand jury

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How many people are on a grand jury?

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Subpoena Duces Tecumseh

A writ to produce documents to a court

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How many people are on a Petit jury?

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A writ Directing the recipient to appear and testify

Subpoena

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What court is used when there is a preponderance of the evidence?

Civil court

Duces

Document

The unlawful taking of property with the intent of permanent deprivation

Larceny

Unlawful entry or remaining within a defined building were actual or constructive notice given in order to commit a crime

Burglary

Unlawful taking of property by force or threat of force

Robbery

Knowingly drawing a check on an account with insufficient funds

Uttering

Declared intentions of contract in writing

Express contract

One inferred by law-verbal contract

Implied contract

One who has committed a wrongful civil act

Tort feasor

Measure of negligence by a reasonable person

Standard of reasonableness

One person acts on behalf of another, express appointment, ratification of action; allowing one with apparent authority to act

Agency relationship

Employer responsible for actions or non-actions of employee while employee is acting on behalf of employer

Respondent superior

Element of proximate cause

Foreseeability

What are the two elements of foreseeability?

1. Prior similar incident | 2. Totality of circumstances

This remedy prohibits continuing a wrongful act

Injunction

This remedy is actual or measurable damages such as medical bills or property loss

Special or compensatory damages

This remedy is not measurable such as pain, suffering, loss of ability to perform, companionship

General damages

This remedy is to personally punish the defendant for outrageous behavior

Punitive damages

This remedy is by statute such as stealing of cable services

Statutory damages

The first 10 amendments to the Constitution

The Bill of Rights

Searches and seizures; warrants to be supported by probable cause

Fourth amendment

Self-incrimination; double jeopardy; due process

Fifth Amendment

Speedy trial; aware of charges; confront witnesses; has the counsel

Sixth amendment

Provides right to Trial by jury

Seventh amendment

Prohibits excessive bail and fines; cruel or unusual punishment

Eighth amendment

Gregory V. Litton 1972

Denial of employment only on convictions, not arrest

National Labor Relations Act (Wagner Act 1935)

Prohibits questions about union membership or affiliations

Campus Security Act 1990 (CLEARY)

Requires colleges/universities to disclose crime incident data

OSHA citation: Expected to cause death or serious harm immediately

Imminent danger

OSHA citation: Could cause death and employer was aware

Serious violation

OSHA citation: Likely to cause injury employer was not aware

Non-serious violation

OSHA citation: No direct relationship to safety or health

De minimis violation

OSHA citation: Knowing/intentional violation; aware of hazards; or no attempt to correct

Willful violation

OSHA citation: Second or subsequent violation of same standard

Repeated violation

Implementing safeguards against accounting errors and/or fraudulent management practice

Sarbanes-Oxley Act 2002

Federal emergency management agency FEMA