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23 Cards in this Set
- Front
- Back
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Mens Rea is divided into two categories |
General and specific intent |
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An essential element necessary to prove a crime has been committed |
Motive |
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To prove a crime a has been committed, the prosecution must prove what three elements? |
Actus Rea, Mens Rea and concurrence |
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What are the most commonly raised affirmative defenses? |
Insanity and alibi |
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Voluntary intoxication is generally recognized as a valid affirmative defense |
False |
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If the accused is unable due to mental illness to form the intent necessary to commit a crime then the accused is declared? |
Non compas mentas |
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The body of a crime is known as? |
Corpus Delecti |
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A crime punishable by a fine of $1,000 or less or confinement of less than one year is known as? |
Misdemeanor |
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What is the legal term for when a court relies on previous court precedent to enter a ruling? |
Stare Decisis |
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If there is no legal reason to posses a certain item, the item itself is known as? |
Contraband |
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If a legislature passes a law that makes an act a crime but the act was not a crime when committed by the defendant the law is an example of? |
Expos factos |
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A crime punishable by a fine of more than $1,000 and confinement of more than one year is know as? |
Felony |
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Unknown at common law the crime of creating or uttering worthless checks was created by? |
Statute |
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Under common law a person who was the legal owner of a dwelling could not be charged with arson if they burnt down the dwelling?' |
True |
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The uniformed controlled substance act provides that narcotics be placed on one of ___ schedules depending on their potential for abuse and addiction |
Five |
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Only external possessions of narcotic is a chargeable offense |
True |
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How many states require a license to be able to sell alcohol |
All |
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What three major alcohol violations a defendant can be charged with? |
Underage possession and consumption DUI public intoxication |
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Parens patria is a Latin term that describes the paternalistic philosophy of the juvenile court system. |
False |
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A juvenile can receive the death penalty for crimes committed before the age of 18 |
True |
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What is the most common form of obstruction of justice? |
Resisting arrest |
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What was a common law offense that today is commonly referred to as perjury? |
Embracery |
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The liability of one person for the act or acts of another is known as? |
Vicarious liability |
