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40 Cards in this Set
- Front
- Back
True/False: the study of criminal law is the study of crimes, moral principles and common law |
True |
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An unwritten but generally known rule that governs serious violation of the social code is known as: |
More |
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"An Act prohibited or an omission required by law" is our definition of: |
A Crime |
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Law that is legitimately created and enforced be government is known as: |
positive law |
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True/False: An individual, business or other legally recognized entity that commits a tort is known as a tortfeasor. |
True |
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Criminal law that define crimes and specific punishments is known as: |
substantive law |
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A serious crime that is generally punishable by death or incarceration for more than one year is known as: |
A Felony |
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Acts that are regarded, by tradition and convention, as wrong in themselves are known as: |
Mala in se |
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The latin term that means to stand by what has been decided or let the decision stand is: |
Stare Decisis |
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True/False: The 4 crime classification, madern style discussed in class were: Property crimes, personal crimes, public order offenses, and moral offenses |
True |
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The geographic district or subject matter over which the authority of a government body, especially a court, extends is known as: |
Jurisdiction |
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True/False: there are 3 essential elements/aspects of a crime: A criminal act (actus reus), a culpable mental state (mes rea) and a concurrence of the 2. |
True |
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Actus Reus means: |
A guilty act |
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Mens Rea means |
Guilty mind |
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The degree of blameworthiness assigned to a defendant by a criminal court and the concomitant extent to which the defendant is subject to penalties by the criminal law is called: |
Criminal liability |
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True/False: The Bill of Rights refers to the 1st 10 amendments to the U.S. constitution, which were made part of the Constitution in 1791. |
True |
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True/False: The executive branch makes the law |
False |
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True/False: The judicial branch enforces the law |
False |
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True/Flase: A person who happens to be a drug use can be arrested for being a drug user. |
False |
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Possession with awareness of what one possesses is known as: |
Knowing possession |
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Possession in which one has direct control over the object or objects in question is: |
Actual Possession |
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The ability to excersise control over property or objects, even though they are not in one's physical custody is known as: |
Constructive possession |
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Possession in which one may or may not be aware of what he or she possesses is: |
Mere possession |
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True/False: The 2 forms of mens rea are general and specific intent |
True |
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The 4 states of mind discussed in class were: |
Purposeful, knowing, reckless, negligent |
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True/False: the executive branch interprets the law |
False |
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True/False: the insanity defense is an actus reus defense. |
False |
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True/False: Corpus delecti translates to "The body of the crime" |
True |
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True/False: There are 3 components to corpus delecti: 1) a certain result has been produced, 2) a person is criminally responsible for it and 3) the required motive is present. |
False |
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An actual link between an actor's conduct and a result is known as: |
Causation in fact |
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A leggally recognizable cause: the type of cause that is required to be demonstrated in court in order to hold an individual criminally liable for causing harm is known as: |
Legal Cause |
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True/False: the primary or moving cause that plays a substantial part in bringing about injury or damage that may be the 1st cause that sets in motion a string of events whose ultimate outcome is reasonably foreseeable is known as proximate cause. |
True |
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True/False: Necessary attendant circumstances refer to the facts surrounding an event and includes things such as time and place. |
True |
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Loss, disadvantage or injury or anything so regarded by the person affected, including loss, disadvantage or injury to any other person in whose welfare he or she is interested is known as: |
Harm |
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The fact that behavior cannot be criminal if no law exists that both defines it as illegal and prescribes a punishment for it is known as the principle of: |
Legality |
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True/False: A latin term that means after the deed or after the fact is "Aftus deedus maximus" |
False |
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Is a Confession alone enough to convict a defendant? |
No, a confession must be coroborated |
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True/False: The double jeopardy clause means that you can't hold people criminally responsible for any particular crimes they've committed more than once. |
False |
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True/false: In relation to the void for vagueness rule, the court that ruled "A statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at it's meaning was the 9th circuit court of appeals. |
False |
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The level of seriousness of an offense is known as a: |
Degree |