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51 Cards in this Set

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  • Back
What are the two basic categories of law?
Civil and Criminal
Criminal law is divided into two types _______ and ______.
Substantive criminal law and procedural law.
What are the four sources of American Criminal law?
Constitutions,Statutes,Case Law and Administrative Regulations.
What are Ordinances?
Laws that apply to a specific county,city,or town.
Criminal (penal) code
A compilation of all the criminal laws of a jurisdiction.
Case Law
Judicial application and interpretation of law as it applies in a given case.
Precedents
Previous court decisions that are followed in current cases to ensure consistency in the application of the law.
Administrative Regulations
Rules applied to organizations that are designed to protect public health,safety,and welfare in that marketplace.
Consensus view
The view that law reflects society's consensus regarding behavior that is harmful enough to warrant government intervention.
Conflict view
The view that an act becomes a crime only when it serves the interests of those in positions of power.
Jurisdiction
The authority of a state, county, or city to apply its own laws within its own territory.
What is the purpose of the Tenth Amendment to the U.S. Constitution?
It gives the states the power to pass laws.
Common law
The body of unrecorded decisions made by English judges in the Middle Ages, reflecting the values, customs and beliefs of the period.
Due Process
A legal protection included in the U.S. Constitution that guarantees all citizens the right to be adjudication under established law and legal procedures.
Mens rea
The "guilty mind" or conscious decision to commit a criminal act.
actus reus
The behavior that must be committed to meet the definition of a crime.
Local and municipal laws are called______.
Ordinances
The common law was law made by_____.
Judges
The M'Naghten rule is ____.
one of the definitions used to determine the application of the insanity defense.
Which of the following defenses does not involve an excuse?

Entrapment
Self-defense
Mistake of fact
Insanity
Self-defense
Which state passed a law that permits physicians to prescribe lethal medicines to terminally ill patients near the end of their lives.
Oregon
Law passed by legislatures are called______.
Statutory law
Case law is______.
Judge made law
A person who has been denied a fair trial has been denied______.
Due process of law
Which of the following defenses is an exammple of a defense of justification?
Mistake of fact
The mens rea refers to the conscious decision to commit a crime and the actus reus refers to ______.
the criminal behavior
The law that defines the specific behaviors prohibited under the criminal law is called _____.
Substantive criminal law
The Jacobson case described in the text presents a case where the defense of _______ was the issue in the case.
Entrapment
The purpose of the entrapment defense is to ________.
prevent the government agents from "manufacturing" crime by setting traps for unwary citizens.
What is the defense called when a person claims to have engaged in otherwise criminal behavior because of the forces of nature?
necessity
Vigilantism is the term use to describe what?
Groups who enforce a standard of conduct by takin the law into their own hands.
Rules applied to organizations that are designed to protect public health safety, and welfare in the marketplace are called what?
Administrative regulations
What is the defense called when a person claims to have engaged in otherwise criminal behavior because of the forces of nature?
necessity
Vigilantism is the term use to describe what?
Groups who enforce a standard of conduct by takin the law into their own hands.
Rules applied to organizations that are designed to protect public health safety, and welfare in the marketplace are called what?
Administrative regulations
True/False Mistake of fact is an example of a defense of justification.
true
The mens rea refers to the conscious decision to commit a crime and the actus reus refers to ______.
the criminal behavior
The law that defines the specific behaviors prohibited under the criminal law is called _____.
Substantive criminal law
The Jacobson case described in the text presents a case where the defense of _______ was the issue in the case.
Entrapment
The purpose of the entrapment defense is to ________.
prevent the government agents from "manufacturing" crime by setting traps for unwary citizens.
Law passed by legislatures are called______.
Statutory law
A person who has been denied a fair trial has been denied______.
Due process of law
The actus reus of burglary is the _______.
Unlawful entry or remaining in a building.
Formal rules designed to maintain social control is a definition of what type of law?
Criminal law
The law that defines the specific behaviors prohibited under the criminal law is called...
Substantive criminal law
What is the view of the law that sees the law as serving the interests of those in power?
The conflict view
The term attendant circumstances is...
An element of a crime that requires proof of the concurrence between the criminal act and the harm caused by the act.
A disregard for a substantial and unjustifiable risk when the person is not aware of creating that risk is known as:
negligence
What is the legal term called when a person lacks the ability to consult with a layer with a reasonable degree of understandings and lacks a rational and factual understanding of legal proceedings.
Competency
What is duress?
when a person is forced, or threatened by force, to commit a crime they otherwise would not have committed.
One of the crimes of the century, where the offender was known as the Son of Sam, was committed by a defendant named:
David Berkowitz