Criminal Law Quiz 1

Front 1

Why is there a formal system and what are the advantages?

Back 1

Formal law states laws outright, and is the same for everyone in the state

Front 2

Civil law vs criminal law?

Back 2

In criminal law, the punishments are more serious, the state is the accusing party, focuses on punishing the offender. In civil law a private party brings the lawsuit, and it is about compensating the wronged person

Front 3

When was retribution refocused in criminal law instead of rehabilitation

Back 3

1980's

Front 4

Mala en si

Back 4

Wrong in nature

Front 5

Mala prohibita

Back 5

Illegal because the law defines them as such

Front 6

What is the dual court system

Back 6

Federal court/ state court

Front 7

Importance of MPC

Back 7

Made by American law institute, makes on code that any place can adopt so that law is consistent

Front 8

Trial court v appellate court

Back 8

Trial court hear facts of a case,where judge or jury decides on it. Appellate court decides if the defendant received fairdue process or not

Front 9

What is English common law

Back 9

Customs, traditions, judicial decision that g guides courts in decision making but have not been enacted by legislature into statutes. Started in England

Front 10

Important of English common law

Back 10

Interpretation of laws might be made in light of common law decisions

Front 11

Statutory law

Back 11

Each states criminal statute defines the crimes and penalties applicable in that state.

Front 12

Procedural law

Back 12

The methods by which law may be enforced

Front 13

Case law

Back 13

Law that is developed through judicial decisions on a case by case basis

Front 14

Administrative law

Back 14

A body of regulations and roles that come from administrative agencies to which Congress and state legislature have delegated power to make and enforce those rules and regulations

Front 15

Why is administrative law important

Back 15

Violations of administrative law may constitute offensive enforced by criminal courts

Front 16

Prosecutorial discretion

Back 16

A prosecutor has broad discretion when decideing to pursue a case by deciding what to charge the offender with

Front 17

Classification of crimes

Back 17

Crimes are classified by grade of offense, as well as moral turpitude, which is acts that are vile or immoral. The classification of a crime can determine whether a case is heard or not

Front 18

Void for vagueness

Back 18

When a statute is too vague or broad, and a normal person cannot understand what is forbiden or required of them, the statute is void for vagueness.

Front 19

Ex posto facto laws

Back 19

A law cannot be made to impose punishment on a person for a law that was not in place during the time they did the act.

Front 20

Bill of attainer

Back 20

Prohibited by the constitution, means legislative act which inflicts punishment without a judicial trial

Front 21

Due process

Back 21

Statutes may not be defined or enforced in an unreasonable, capricious, or arbitrary manner. People who are charged have the right to be notified, heard and defend themselves

Front 22

Right to privacy basis

Back 22

Although not stated explicitly in the bill of rights, the rights have penumbra, formed by emanations from those guarantee that help give them life and substance

Front 23

Adversarial system

Back 23

The prosecutor and defense counsel must oppose each other in trial, and the defendant is presumed innocent

Front 24

Inquisitorial system

Back 24

Defendants are presumed guilty until proven innocent

Front 25

Substantial factor

Back 25

One that a reasonable person might conclude was sufficient to support the resulting injury or death

Front 26

Legal reasoning

Back 26

Lawyers read the facts of decided. Cases and present the facts of the undecided case in light of those decisions

Front 27

Evolution of right to appointed counsel felony cases

Back 27

6th amendment right to counsel. In Gideon v Florida, the supreme Court extended right to appointed counsel to all felony cases

Front 28

Jury nullification

Back 28

Jury refuses to return a guilty verdict even when there's guilt beyond a reasonable doubt. Often occurs in mercy killing cases

Front 29

Stare decisis

Back 29

Let the decision stand

Front 30

Actus reus

Back 30

A wrongful deed, if combined with other elements of a crime, may result in legal arrest

Front 31

Men's rea

Back 31

Guilty mind

Front 32

When is behavior not an act in criminal law

Back 32

If it is involuntary then you were not at fault

Front 33

Failure to act

Back 33

Only illegal to not act when you have a legal duty to act such as parent and children

Front 34

A tort

Back 34

A wrong

Front 35

4 level of intent in MPC

Back 35

Purposefully, knowingly, recklessly, and negligently

Front 36

Why is it difficult to prove criminal intent

Back 36

Inference must be made

Front 37

Difference between motive and intent

Back 37

Motive is there why of the defendants actions, while intent is what they meant to do

Front 38

What is causation

Back 38

Cause if the harm

Front 39

Intervening causes

Back 39

A contributing cause of harm or death

Front 40

Attendant circumstances

Back 40

Facts surrounding an event

Front 41

Strict liability

Back 41

Held liable no matter what. Ex selling alcohol to a minor is sufficient to establish liability, no matter the circumstances

Front 42

Vicarious liability

Back 42

Dispenses the requirement of the actus reus and imputes the criminal act of one person to another

Front 43

Enterprise liability

Back 43

Corporations may be held liable for the actions of their agents who were acting on behalf of the Enterprise that employs them

Front 44

4 elements that make a crime

Back 44

1 a criminal act, 2 criminal state of mind 3 concurrence of criminal act and criminal state of mind 4 causation

Front 45

Specific intent

Back 45

An act with an intent more than to commit the forbidden act

Front 46

General intent

Back 46

Willful commission of an act

Front 47

Circumstantial evidence

Back 47

Direct evidence, ie eyewitness testimony