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31 Cards in this Set
- Front
- Back
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Law |
rule of conduct, that proscribes or mandates certain forms of behavior |
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Statutory law |
written/certified law |
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Penal Code |
written, organized, and compiled form of the criminal laws of a jurisdiction |
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Case Law |
the body of judicial precedent historically built on legal reasoning and past interpretations of statutory laws, that serves as a guide to decision making in the courts |
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Common law |
Law originating from usage and custom rather than from written statutes |
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Rule of Law |
orderly society must be governed by established principles and known codes that are applied fairly to all members |
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Jurisprudence |
Philosophy of law |
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5 types of laws |
1.) Criminal law 2.) Statuary law 3.) Civil law 4.) administrative law 5.) Case law |
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Felony charge |
death or prison for a year and a day |
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Misdemeanor |
jail not prison year or less |
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tort |
a wrongful act, damage or injury not involving a breach of contract. |
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Offense |
minor crime (ex. Jaywalking) |
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infraction |
minor violation of state or local ordinance punishable by a fine or other penalty |
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treason |
a US citizen helping a non-citizen overthrow the US |
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espionage |
losing information related to the national defense in which the information becomes available to the enemy |
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Inchoate offense |
an offense not yet complete |
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FEATURES OF A CRIME Actus Reus (guilty act) |
AN act in violation of the law |
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Mens rea (guilty Mind) |
the state of mind that accompanies a criminal act. |
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Concurrence |
Both (Guilty act and guilty mind) (Actus Reus and Mens Rea) |
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Motive |
a persons reason for committing a crime |
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Strict Liability |
You're responsible |
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Causation |
Concurrence of a guilty mind and criminal act may cause harm. |
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Harm |
Occurs in any crime but not all harm is crime. |
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Post facto |
after the fact |
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Necessary Attendant Circumstance |
may or may not be a crime depends on the circumstance |
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defense |
Evidence and arguments ordered by a defendant and his or her attorney to show why the defendant should not be held liable for a crime charge |
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Alibi |
statements by an individual charged with a crime that he or she was so distant when the crime was committed, that his participation was impossible |
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Justification |
a legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil |
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Self-defense |
the protection of oneself or ones property from unlawful injury or from immediate risk of unlawful injury. |
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Punishment |
Specified so that if a person is found guilty, sanctions can be lawfully imposed. |
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Corpus Delicti |
Body of the crime (facts that show that a crime has occurred) |
