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adj211 test 1

TermDefinition
Criminal Law System of law that punishes those who commit crimes
Statutory Law Term used to define written laws
Common Law Judge made laws according to traditions and customs
Civil Law Law that covers compensation of victim
Tort Law Grounds for lawsuit. Covering damage or injury
Proof Beyond a Reasonable Doubt Every fact necessary to constitute the crime charged
Presumed Innocent Until Proven Guilty Innocent until proven guilty
Actus Reus Physical act or social harm
Mens Rea Wrongful state of mind
Deliberate Bodily Movement The physical act required for a crime distinguished from an unconscious person. Ex: sleepwalker
Evil Thoughts Negative ideas in head
Express Thoughts Verbalizing your thoughts and engaging in harmful conduct
Agreement Consent to participate
Attempt More than basic preparation
Consummation Completing the whole crime
Request To express a desire for
Clear and Convincing Evidence Higher standard than preponderance but lower than beyond reasonable doubt.
18) Prima Facie Evidence Based on first impression, correct until proven otherwise
19) Preponderance of Evidence A requirement that more than 50% of evidence points to something
20) Bill of Attainder Legislative acts convincing an individual of a crime
21) Ex Post Facto Laws A law that makes an act illegal that was legal when committed
22) Bench Trial Judge determines both facts and applicable law
23) Jury Trial Trial where jury decides the facts of case have been proven
24) Willful State of Mind Actual knowledge of the threat to another person’s safety
25) Wanton State of Mind Extremely reckless disregard of the safety of others
Omission Failure to act when the law imposes a duty
27) Rehabilitation Action of restoring someone to normal life
28) Retribution Eye for an eye. Punishment for a wrong or criminal act
29) Incapacitation Restraining or locking someone up
Deterrence (specific deterrence and general deterrence) Specific deterrence and general deterrence
Legislative Branch Creates laws
Strict Liability Crimes Liability for the guilty mind
Scienter Crimes Intent or knowledge of wrongdoing
Specific Intent Crimes Focuses on what the defendant intended at the time of offense
General Intent Crimes Accidental harm caused by recklessness
Crimes Mala Prohibita Crimes only because the existence of regulation. Ex: traffic laws
Burden of Proof Presenting the evidence to jury and jury weighs the evidence
Administrative Regulations The body of law that governs the administration (IRS)
Vagueness Doctrine Declaration that a law is invalid because its not clear
Affirmative Defenses Defendant admits committing the acts charged with and seeks to justify their conduct. Ex: self defense
Created by: justin shazier