Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
74 Cards in this Set
- Front
- Back
|
PRIMA FACIA
|
A prima facia case is one where at first glance guilt is evident.
|
|
|
CORPUS DELECTI
|
The combined elements that make a crime.
(Latin for "body of crime") |
|
|
ACTUS REUS
|
The objective element of a crime.
(Latin for "guilty act") |
|
|
MENS REA
|
one involving intent or knowledge and forming an element of a criminal offense
(Latin for "guilty mind") |
|
|
CONCURRENCE
|
The apparent need to prove simultaneous occurrence of both Actus Reus and Mens Rea.
|
|
|
MALICE AFORETHOUGHT
|
Knowledge that through an action or omission, the result will be some one's death.
|
|
|
INDICTMENT
|
A formal written statement framed by a prosecuting authority and found by a grand jury that charges a person or persons with an offense.
|
|
|
GRAND JURY
|
A jury that examines accusations against persons charged with crime and if the evidence warrants makes formal charges on which the accused persons are later tried.
|
|
|
PETIT JURY
|
A jury of twelve persons that is impaneled to try and to decide the facts at issue in a trial
|
|
|
INFORMATION CHARGING
|
Allows a judge to review evidence, including written statements of victims and witnesses to determine if there should be a trial
|
|
|
PRIMA FACIA
|
A prima facia case is one where at first glance guilt is evident.
|
|
|
CORPUS DELECTI
|
The combined elements that make a crime.
(Latin for "body of crime") |
|
|
ACTUS REUS
|
The objective element of a crime.
(Latin for "guilty act") |
|
|
MENS REA
|
one involving intent or knowledge and forming an element of a criminal offense
(Latin for "guilty mind") |
|
|
CONCURRENCE
|
The apparent need to prove simultaneous occurrence of both Actus Reus and Mens Rea.
|
|
|
MALICE AFORETHOUGHT
|
Knowledge that through an action or omission, the result will be some one's death.
|
|
|
INDICTMENT
|
A formal written statement framed by a prosecuting authority and found by a grand jury that charges a person or persons with an offense.
|
|
|
GRAND JURY
|
A jury that examines accusations against persons charged with crime and if the evidence warrants makes formal charges on which the accused persons are later tried.
|
|
|
PETIT JURY
|
A jury of twelve persons that is impaneled to try and to decide the facts at issue in a trial
|
|
|
INFORMATION CHARGING
|
Allows a judge to review evidence, including written statements of victims and witnesses to determine if there should be a trial
|
|
|
PRIMA FACIA
|
A prima facia case is one where at first glance guilt is evident.
|
|
|
CORPUS DELECTI
|
The combined elements that make a crime.
(Latin for "body of crime") |
|
|
ACTUS REUS
|
The objective element of a crime.
(Latin for "guilty act") |
|
|
MENS REA
|
one involving intent or knowledge and forming an element of a criminal offense
(Latin for "guilty mind") |
|
|
CONCURRENCE
|
The apparent need to prove simultaneous occurrence of both Actus Reus and Mens Rea.
|
|
|
MALICE AFORETHOUGHT
|
Knowledge that through an action or omission, the result will be some one's death.
|
|
|
INDICTMENT
|
A formal written statement framed by a prosecuting authority and found by a grand jury that charges a person or persons with an offense.
|
|
|
GRAND JURY
|
A jury that examines accusations against persons charged with crime and if the evidence warrants makes formal charges on which the accused persons are later tried.
|
|
|
PETIT JURY
|
A jury of twelve persons that is impaneled to try and to decide the facts at issue in a trial
|
|
|
INFORMATION CHARGING
|
Allows a judge to review evidence, including written statements of victims and witnesses to determine if there should be a trial
|
|
|
CAPITAL FELONY
|
Punishable by life imprisonment.
|
|
|
VOIR DIRE
|
Selected jurors are generally subjected to a system of examination whereby both the prosecution (or plaintiff, in a civil case) and defense can object to a juror
|
|
|
JURY VENIRE
|
The people that make up a jury.
(AKA "Jury Pool") |
|
|
MOTION FOR JUDGEMENT OF ACQUITTAL (M.J.O.A)
|
A request for dismissal on the grounds that the evidence introduced at trial is not sufficient to convict the accused of the crime charged. (Double Jeopardy clause is attached.)
|
|
|
CASE IN CHIEF
|
The main part of a party's case including arguments for which the party bears the burden of proof but not including rebuttal.
|
|
|
REBUTTAL
|
A form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party.
|
|
|
IGNORANCE
|
A lack of knowledge in a person capable of possessing it.
|
|
|
VINCIBLE IGNORANCE
|
That which can be overcome.
|
|
|
INVINCIBLE IGNORANCE
|
That which cannot be overcome.
|
|
|
DOUBT
|
The adhesion of the mind to neither side of a proposition for fear the opposite may be true.
|
|
|
OPINION
|
The adhesion of the mind to one side of a proposition for fear that the other may be true.
|
|
|
CERTITUDE
|
The adhesion of the mind to one side of a proposition without fear that the other is true.
|
|
|
MALUM PROHIBIT UM
|
Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct evil in and of itself
|
|
|
MALUM IN SE
|
Latin phrase meaning wrong or evil in itself.
|
|
|
STATUTORY LAW
|
Written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive branch or common law of the judiciary).
|
|
|
BOOKING
|
A procedure at a jail or police station following an arrest in which information about the arrest (as the time, the name of the arrested person, and the crime for which the arrest was made) is entered in the police register
|
|
|
BAIL
|
Some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and be guilty of the crime of failure to appear).
|
|
|
FELONY
|
A federal crime for which the punishment may be death or imprisonment for more than a year.
|
|
|
MISDEMEANOR
|
A crime punishable by a fine and by a term of imprisonment not to be served in a penitentiary and not to exceed one year.
|
|
|
WARRANT
|
A writ issued esp. by a judicial official (as a magistrate) authorizing an officer (as a sheriff) to perform a specified act required for the administration of justice
|
|
|
OPINION
|
The adhesion of the mind to one side of a proposition for fear that the other may be true.
|
|
|
CERTITUDE
|
The adhesion of the mind to one side of a proposition without fear that the other is true.
|
|
|
MALUM PROHIBIT UM
|
Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct evil in and of itself
|
|
|
MALUM IN SE
|
Latin phrase meaning wrong or evil in itself.
|
|
|
STATUTORY LAW
|
Written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive branch or common law of the judiciary).
|
|
|
BOOKING
|
A procedure at a jail or police station following an arrest in which information about the arrest (as the time, the name of the arrested person, and the crime for which the arrest was made) is entered in the police register
|
|
|
BAIL
|
Some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and be guilty of the crime of failure to appear).
|
|
|
FELONY
|
A federal crime for which the punishment may be death or imprisonment for more than a year.
|
|
|
MISDEMEANOR
|
A crime punishable by a fine and by a term of imprisonment not to be served in a penitentiary and not to exceed one year.
|
|
|
WARRANT
|
A writ issued esp. by a judicial official (as a magistrate) authorizing an officer (as a sheriff) to perform a specified act required for the administration of justice
|
|
|
PLEA
|
An accused party's answer to a criminal charge or indictment
|
|
|
NOLO CONTENDERE
|
A plea made by the defendant in a criminal action that is substantially but not technically an admission of guilt and subjects the defendant to punishment but permits denial of the alleged facts in other proceedings.
|
|
|
PLEA
|
An accused party's answer to a criminal charge or indictment
|
|
|
NOLO CONTENDERE
|
A plea made by the defendant in a criminal action that is substantially but not technically an admission of guilt and subjects the defendant to punishment but permits denial of the alleged facts in other proceedings.
|
|
|
MAGNA CARTA
|
Required King John of England to proclaim certain rights (pertaining to freemen), respect certain legal procedures, and accept that his will could be bound by the law.
|
|
|
CIVIL LAW (legal system)
|
Provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. (Roman Law)
|
|
|
COMMON LAW
|
Law developed by judges through decisions of courts and similar tribunals (called case law), rather than through legislative statutes or executive action, and to corresponding legal systems that rely on precedential case law. (English system derived from the Magna Carta)
|
|
|
DUE PROCESS OF LAW
|
The principle that the government must respect all of the legal rights that are owed to a person according to the law.
|
|
|
PROBABLE CAUSE
(P/C) |
The standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. It is also used to refer to the standard to which a grand jury believes that a crime has been committed.
|
|
|
SCIENTER
|
knowledge of the nature of one's act or omission or of the nature of something in one's possession that is often a necessary element of an offense
|
|
|
SPECIFIC INTENT
|
In criminal cases; an intent to commit a specific crime.
|
|
|
ENTRAPMENT
|
the act of a law enforcement agent inducing a person to commit an offense which would be illegal and the person would otherwise have been unlikely to commit
|
|
|
INTOXICATION
|
The state of loosing control of one's physical or mental faculities due to consumptionof alcohol or other intoxicationg substances, which renders one incapable of acing like a normal person under ordinary prudance.
|
|
|
WITNESS IMMUNITY
|
When a person testifies on behalf of the prosecution incriminating the other participants of the crime(s)
|
