ch 2 concepts of law and justice

Question 1

civil law

Answer 1

governs disputes between individuals or private parties and generally involves the violation of private acts

Question 2

plaintiff

Answer 2

a person who brings a suit in a civil case

Question 3

defendant

Answer 3

the person against whom a court action is brought against

Question 4

burden of proof

Answer 4

the obligation to present evidence to support one’s claim

Question 5

preponderance of the evidence

Answer 5

burden of proof in a civil case; in which a judge or jury must believe the plaintiff’s story and evidence is stronger than the defendant’s version.

Question 6

beyond a reasonable doubt

Answer 6

the standard that must be met by the prosecution’s evidence in a criminal case: that there is no other logical explanation, based on the facts, except that the defendant committed the crime

Question 7

criminal law

Answer 7

brought by the govt against a defendant for violating a specific law

Question 8

reasonable suspicion

Answer 8

fact that something is as it appears as it applies to criminality

Question 9

probable cause

Answer 9

facts and circumstances that would lead a reasonable person to believe a crime has been or is about to be committed

Question 10

federal criminal laws

Answer 10

enacted by the legislative branch of the federal govt

Question 11

state criminal laws

Answer 11

prohibits behaviors under the 10th amendment

Question 12

municipal criminal laws

Answer 12

the most limited laws at they’re only applied to a specific city or county

Question 13

infraction

Answer 13

a violation thats punishable by a fine but doesnt carry a potential jail sentence

Question 14

lex talions

Answer 14

punishment should fit the nature of the crime

Question 15

stare decisis

Answer 15

the system of precedent whereby future legal decisions are required to take into consideration previous rulings

Question 16

constitutional law

Answer 16

laws derived from the US and state constituions

Question 17

4th amendment

Answer 17

protects against unreasonable search and seizures

Question 18

5th amendment

Answer 18

protects against double jeopardy and self incrimination

Question 19

due process

Answer 19

fair treatment through the normal judicial system, especially as a citizen’s entitlement.

Question 20

6th amendment

Answer 20

provides for the right to a speedy trial by an impartial jury of ones peers

Question 21

8th amendment

Answer 21

projects against cruel and unusual punishment

Question 22

statutory law

Answer 22

laws established by the govt

Question 23

administrative law

Answer 23

law that governs the creation and functions of state and federal govt agencies

Question 24

international law

Answer 24

regulations between nations

Question 25

case law

Answer 25

result of legal decisions by the court

Question 26

2 categories of criminal law

Answer 26

male in se and male prohibita

Question 27

male in se

Answer 27

acts that are considered to be inherently illegal

Question 28

mala prohibita

Answer 28

are only crimes bc they’ve been defined under the law as illegal

Question 29

4 components of a criminal act

Answer 29

actus reus, mens rea, attendant circumstances, and results

Question 30

actus reus

Answer 30

evil act

Question 31

mens rea

Answer 31

evil thought; the intent of an offender

Question 32

attendant circumstances

Answer 32

context of the act that makes it a crime

Question 33

results

Answer 33

harm experienced and intent joining together

Question 34

substantive criminal law

Answer 34

define what makes behavior a criminal act under the law

Question 35

procedural criminal law

Answer 35

provides the legal structure and ruled by which cases should move thru the system

Question 36

defense

Answer 36

strategy to justify, explain or excuse criminal behavior

Question 37

innocence

Answer 37

case where evidence excludes someone from having committed the crime

Question 38

necessity

Answer 38

person had to break the law to prevent signficant harm

Question 39

duress

Answer 39

forced to violate the law out of fear for safety

Question 40

entrapment

Answer 40

involves the actions of govt officials

Question 41

self defense

Answer 41

justify use of force bc feared for their safety

Question 42

intoxication

Answer 42

defendant in an intoxicated state

Question 43

m’naghten rule

Answer 43

standard of insanity; defendant is unable to understand difference between right and wrong