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29 Cards in this Set

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Clear and Convincing
A flexible term concerning the degree of proof required for certain issues in some civil cases. It is less than the degree required in criminal cases, but more than that required in the ordinary civil action.
Common Law
A system of law that does not rest its authority upon any express statutes, but derives its force and authority from universal consent and immemorial usage.
Contract
an agreement between competent parties, upon legal consideration, to do or abstain from doing some act.
Crime
a flexible term for violations of law that are punished by the state or nation because of their effect on the public.
Ex post facto
Made after the occurrence; any law that makes criminal an act that was innocent when done, or that inflicts a greater punishment than the law annexed to the crime when committed.
Felony
A type of crime that is of a relatively serious nature; usually various offenses for which the maximum penalty can be death or imprisonment, regardless of such lesser penalty that may be imposed.
Mala in Se
Acts that are wrong in and of themselves, whether prohibited by human law or not.
Mala Prohibita
Acts that are prohibited by human laws, not necessarily wrong in and of themselves.
Misdemeanor
Any crime or offense not amounting to a felony.
Preponderance of the Evidence
Sufficient evidence to overcome doubt or speculation.
Statutory Law
Law created by, or depending upon, a statute, as distinguished from common law rules.
Beyond a Reasonable Doubt
not a mere possible doubt,...but the state of the case which...leaves the minds of the jurors in that condition that they...feel and abiding conviction of the truth of the charge.
What are the 3 factors that determine what behavior should be made criminal?
1. the enforceability of the law
2. the effects of the law
3. the existence of other means to protect society against undesirable behavior
What does the 10th ammendement to the United States consitution say?
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states respectively, or to the people.
What are the 2 elements necessary to establish an ex post facto claim?
1. the law must apply to events occuring before its enactment
2. it must disadvantage the offender affected by it.
Name some examples of mala in se crimes.
Murder
Rape
Arson
Burglary
Larceny
What are the two crime classifications according to the nature of the crime?
1. Mala in se
2. Mala Prohibita
In what three ways are crimes categorized according to their degree?
Felonies
Misdemeanors
Treason
What is the only crime described in the constitution?
Treason
Which is considered a more severe crime. A felony or treason? Why?
Treason because those who commit treason threaten every existence of the nation.
What is the usual minimum sentence for a felony charge?
A year and a day
What is the usual maximum sentence for a misdemeanor charge?
364 days
When does the defedant have the burden of proof?
When they are claiminag an affirmative defense such as self defense, entrapment, alibi, or insanity.
What is the burden of proof required in a tort case?
Preponderence of the evidence
What is the burden of proof required in a criminal case?
Beyond a reasonable doubt
When the defense has the burden of proving an affirmative defense, how must they do so?
by clear and convincing evidence
Criminal Law
The branch or division of law that defines crimes, their elements, and provides for their punishment.
where lies the origins of present day crimes?
Common law
What are the objectives of criminal law in a free society?
Make it possible for individuals to coexist in society
Define the wrongs that are considered necessary to protect the individuals
Define the method of determining guilt or innocence
Designate the type of punishment or treatment following conviction for violating laws