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30 Cards in this Set
- Front
- Back
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It pertains to the act which is illegal |
Actus Reus |
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Is a bodily movement that has impact into the outside world |
Act |
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The act done by me against my will is not my act |
Actus Me Invite Factus Non Est Meus Actus |
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An act not necessarily a guilty act unless the accused has the necessary state of mind required for that offense |
Actus non facit reum nisi mens sit rea |
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Guilty act Guilty mind |
Actus Reus Mens Rea |
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Refers to the duty of a party in a legal proceedings to prove an assertion of fact |
Burden of proof |
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Refers to the duty of the person responsible for proving the case |
Standard of proof |
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The three primary standards of proof |
Proof beyond reasonable doubt Preponderance of the evidence Clear and convincing evidence |
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Evidence is admissible even if obtained through an unlawful arrest, search, interrogation, or violation of an exclusionary law |
Doctrine of Inevitable Discovery |
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The legal requirements that the state must respect legal rights that are owed to a person. It hears before it condemn |
Due process of law |
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He who is the cause of the cause is the cause of the evil caused |
El que de la causa es causa del mal causado |
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Evidence obtain from an illegal arrest, unreasonable search or coercive investigation or in violation of a particular law must be excluded from trial and will not be admitted as evidence |
Exclusionary rule principle |
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It makes an action fone before the passing of the law and which was innocent when done |
Ex post facto law(after the fact) |
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A doctrine that is very similar to exclusionary rule which means obtained from illegal arrest, search or seizure is not admissible in the court of law |
Fruit of the Poisonous Tree Doctrine |
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Is a legal metaphor used to describe evidence that is obtained illegally |
Fruit of the poisonous tree doctrine |
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A legal principle stating that a person who is unaware of a law may not escape liability for violating that law because he/she is unaware of it |
Ignorantia juris non excusat or ignorantia legis neminem excusat |
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It means caught in the actual act of commiting a crime or caught in the act |
In flagrante delicto |
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A short version of lex locus delicti commissi or locus criminis |
Locus Delicti |
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It is a legal principle requiring that one cannot be punished for something that they are not guilty of |
Nulla Poena Sine Culpa |
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It requires that one cannot be punished for doing something that is not prohibited by law |
Nulla Poena Sine Lege |
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The legal burden of proof required to affirm a conviction in a criminal case |
Proof beyond reasonable doubt |
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A doctrine that provides that the police may enter the premises where they suspect a crime has been committed without a warrant when delay would endanger their lives or the lives of others |
Doctrine of Hot Pursuit |
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Refers to the urgent and direct pursuit of a criminal suspect by law enforcement officers |
Hot Pursuit |
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Is a police operation purposely to seal off the probable exit points of fleeing suspects from the crime scene to prevent their escape |
Dragnet Operation |
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A law enforcement officers can seize evidence of a crime without warrant if the officer observes the contraband in plain view |
Plain view doctrine |
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Plain view means |
In the open |
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Rule 113, section 5 |
Doctrine of warrantless arrest |
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In flagrante delicto warrantless arrest should comply with the elements of |
Immediacy |
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Comprehensive dangerous drug act |
RA 9165 |
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Driving under the influence of alcohol dangerous drug and similar substance |
RA 10586 |
