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Legal Terms
law class vocab
| Term | Definition |
|---|---|
| capital felony | A felony punishable by death or life imprisonment without parole. |
| civil law | Law governing disputes between private individuals or entities; focuses on compensation, not punishment. |
| code jurisdiction | A state where only written statutes create crimes; if it’s not in the code, it’s not a crime. |
| common law crimes | Crimes developed through judicial decisions and tradition rather than written statutes. |
| common law states | States that recognize common law crimes when no statute exists. |
| Crime | An act or omission prohibited by law and punishable by the government. |
| criminal procedure | Rules governing how the criminal justice process operates (arrest, search, trial, sentencing, appeals). |
| Defendant | The individual or entity formally accused of committing a crime. |
| double jeopardy | Constitutional rule (5th Amendment) that prohibits being tried twice for the same offense in the same jurisdiction. |
| dual sovereignty | Doctrine allowing state and federal governments to prosecute the same act because they are separate jurisdictions. |
| federal criminal code | The body of federal statutes defining crimes against the United States. |
| Felony | A serious crime punishable by death or imprisonment for more than one year. |
| gross misdemeanor | A more serious misdemeanor, typically punishable by up to 1 year in jail. |
| infamous crimes | Serious crimes historically involving dishonor or severe punishment; today often includes felonies. |
| Infractions | Minor offenses punishable only by fines (e.g., traffic tickets). |
| Interstate Commerce Clause | A constitutional clause allowing Congress to regulate interstate commerce; used as a basis for many federal criminal laws. |
| mala in se | Crimes considered inherently evil or morally wrong (e.g., murder, rape). |
| mala prohibita | Acts criminal only because the law prohibits them (e.g., speeding, licensing violations). |
| Misdemeanor | A less serious crime punishable by up to one year in jail. |
| Model Penal Code | A model set of criminal laws created to help states standardize and modernize their criminal codes. |
| petty misdemeanor | A minor misdemeanor, often punishable by less than 6 months in jail or only a fine. |
| police power | A state’s authority to enact laws protecting health, safety, welfare, and morals. |
| preemption doctrine | Federal law overrides (preempts) conflicting state laws under the Supremacy Clause. |
| reception statutes | State laws adopting the English common law as the foundation of American law when not replaced by statute. |
| substantive criminal law | The part of criminal law defining crimes and punishments. |
| Supremacy Clause | The constitutional rule that federal law is the supreme law of the land and overrides conflicting state laws. |
| Tort | A private wrong or civil injury that can lead to compensation in civil court. |
| Violation | A minor offense punishable only by fines; similar to an infraction. |