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19 Cards in this Set
- Front
- Back
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Law as developed in England and later in the United States on the basis of court decisions (precedents) and as suplemented by legislation.
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Common Law
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Principle that every crime must be clearly defined by common law or legislation prior to its commission.
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Legality
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Acts that are the product of: Somnambulism (sleepwalking), unconsciousness, seizures, involuntary neurological responses.
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Involuntary acts
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Factual causation: But for A's act, the result would not have occurred when and as it did. "But for Bill's act, Harry would not have been injured in the way in which he was."
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First test for causation
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Proximate Causation: B's injuries must have been the natural and probable consequences of A's act. B's injuries must have been foreseeable, without any intervening factors sufficient to break the causal chain that would relieve A of liability.
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Second test for causation
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Guilty mind; awareness of wrongdoing. Intention to commit a criminal act, or recklessness.
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Mens rea
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Wrongs that are merely prohibited.
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Mala prohibita
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Offenses deemed inherently evil.
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Mala in se
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Legality + Act + harm + causation + criminal intent + concurrence + prohibition = crime
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Simple formula
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Wrong committed by one person against another, other than mere violation of a contract, which entitles the victim to compensation.
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Tort
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Serious crime, subject to punishment of one year or more in prison, or to capital punishment.
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Felony
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Crime less serious than a felony and subject to a maximum sentence of one year in jail or a fine.
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Misdemeanor
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Infraction of the law for which normally only a fine can be imposed.
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Violation
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Defenses in which the law authorizes the violation of another law within limits of proportionality.
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Justifications
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Act or omission constituting a substantial step in a course of conduct planned to culminate in the commission of a crime.
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Criminal attempt
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Criminal liability of all those who aid the perpetrator of an offense.
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Accessoryship
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Perpetrator of a criminal act
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Principal
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Person who helps another to commit a crime
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Accomplice
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Agreement among two or more persons to commit a crime, making each guilty of conspiracy and all other crimes committed in furtherance of the conspiracy.
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Conspiracy.
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