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adj211 test 1
| Term | Definition |
|---|---|
| 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
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