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34 Cards in this Set
- Front
- Back
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Crime
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An act against public good
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Plaintiff
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The party that accuses the person of a crime
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Prosecuter
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Attorney who presents the case in court against the person accused of the crime
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Felony
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major crime punished by imprisonment or death
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Misdemeanor
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Less serious crime; punished by crime or brief imprisonment
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What are the Elements of a crime?
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Criminal act, Required state of mind, and Motive
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Most common defences of crime include:
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insanity, entrapment, self-defense, and defense of family members.
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Murder
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An unlawful killing of a human being
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Involuntary Manslaughter
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when a person kills another with absolute no pre-meditation
ex. drag racing crash with no intention to kill side watchers |
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Voluntary Manslaughter
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when a person kills another without pre-meditiation, but with sudden personal distress
ex. kidnapp and murder of ones son: father seeing criminal and suddenly shoots him out of rage. |
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Battery
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Anlawful touching of another person. Usually includes weapons
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Assault
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An attempt to commit a Battery. Only threating with weapon
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Kidnapping
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Unlawful removal or restraint of a person against his or her will
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Burglary
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The breaking and entering of a house at night with intent to kill a felony
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Larceny
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The unlawful taking and carying away of the personal property of another; stealing
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Embezzlement
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a wrongful taking of a property while by a person who has been entrusted with that property.
Ex. occupational stealing |
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Robbery
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Stealing of a personal property through violence and threat of crime.
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Arson
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The intention of burning a public or private property
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Vandalism
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Damage to property
Ex. grafitti |
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Shoplifting
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Stealing goods from a store
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Tort
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A private wrong commited by one person to another
Ex. physical violence to friends or family |
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Tortfeasor
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The person who commited the Tort
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Trespass
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Interference with the property of another
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Nuisance
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Anything that interferes with the enjoyment of life or property
Ex. Loud noises from people next door |
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Defamation
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Wrongful act of another's reputation by making false statements
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Libel Defamation
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Public false statements that damage ones reputation
Ex. Celebrities |
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Slander Defamation
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Personal life damage repuation of another
Ex. residential;citizen |
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Invasion of Privacy
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Interfering with the persons right to be alone
Ex. Illegal hidden cameras |
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Negligence
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Injury that is causes by a person's carelessness
Ex. fatal automobile accident |
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Breach of Duty
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The faliure to use the degree of care that would have been used by a reasonable person
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Proximate Cause
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legal connection between unreasonale conduct the resulting harm.
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Contributory Negligence
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Behavior by the plaintiff that helps cause his or her injuries
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Comparative Negligence
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Amout of the plaintiff's recovery is reduced by the percent of his or her negligence
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assumption of Risk
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Defendant can show the plaintiff knew the risk involved and still took the chance of being injured
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