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45 Cards in this Set

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  • Back
Law concerned with private rights and remedies; it must be prosecuted by an individual, not the government; it attempts to resolve conflicts by providing a means of compensating someone who has been wronged
Civil law
to move forward with a case
Prosecute
A misdemeanor or a felony; An act or omission prohibited by law for the protection of the public, the violation of which is prosecuted by the state in its own name, and punishable by fine, imprisonment, other restrictions upon liberty, or some combination of these
Crime
An offense for which a sentence to a term of imprisonment not in excess of one year may be imposed
Misdemeanor
An offense for which a sentence to a term of imprisonmentin excess of one year is authorized by this title
Felony
Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state
Offense
precedented law; not written down originally; developed over time
Common law
written down crimes and punishments
Code law
Prior appellate court decision that guides judges in deciding current cases (Roe v. Wade)
Precedent
Principle that binds courts to stand by prior decisions and not disturb a settled point of law
Stare decisis
validate the trial court's decision; uphold decision
Affirm
Reverse decision made by trial court
Disaffirm
Send back down to lower court
Remand
A civil wrong; a private wrong other than a breech of contract
Tort
Individual, business, or other legally recognized entity that commits the tort
Tort Feasor
Someone who does something;
Actor
The benefit that an orderly society must be governed by established principles, and known codes, which are applied uniformly and fairly to all members
Rule of law
A bodily movement, and such term includes possession of property
Act
actual doubt; highest level of proof
Reasonable doubt
Proof by smallest amount of evidence; 51%
Preponderance of evidence
reasonable certainty
Clear and convincing
parts of a crime that the prosecution must prove
Elements
law passed after occurence of conduct constituting a crime
Ex post facto
blameworthiness for a crime
Culpability
Entity against whom the civil or criminal action is brought
Defendant
Entity who sues another party in a civil suit
Plaintiff
unconstitutional law because of imprecission or lack of clarity
Void for Vagueness
punishment that may prevent the offender from committing future crimes
Specific prevention
those procedures that effectively guarantee individual rights in the face of criminal prosecution
Due Process
The body of the crime; the government must prove that a crime has been committed and that somebody did it
Corpus delicti
person has an object on his person
Actual possession
person has object in custody but not under his control
constructive possession
person intends to harm one victim but harms another instead
transferred intent
act of a crime
Actus rea
state of mind for a crime
Mens rea
reason for doing something
Motive
intent to commit the act (no knowledge of law needed)
General intent
intend to do some further act or cause some additional consequence
Specific intent
commission of an actwithout legal excuse or justification
Malice
not just actors, but also encouragers, assissters, and hinderers
Parties
conduct before, during, and after a crime
Complicity
to encourage, incite, and set another onto a crime
Abet
Conspiritor before the crime is committed
Accessory before the fact
A person who learns of the crime after it was committed and helps to conceal it
Accessory after the fact
the responsibility of any third party that has the right, ability, or duty to control
vicarious liability