Chapter 1: English Legal System Flashcards
Corrective justice focuses on
making things fair when someone has been wronged. It applies in both criminal law (punishment for breaking the law) and civil law (compensation for harm or loss).
What is the primary purpose of criminal law?
To maintain public order and protect society by defining and prohibiting harmful behaviors.
True or False: Criminal law only applies to actions that cause physical harm.
False: Criminal law can also apply to actions that cause psychological harm or violate societal norms.
Fill in the blank: The __________ standard is the level of proof required to convict someone in a criminal trial.
beyond a reasonable doubt
What is the difference between a felony and a misdemeanor?
A felony is a more serious crime typically punishable by imprisonment for more than one year, while a misdemeanor is less serious and usually punishable by less than one year.
Which amendment to the U.S. Constitution protects against double jeopardy?
The Fifth Amendment.
What is meant by ‘mens rea’ in criminal law?
Mens rea refers to the mental state or intent of a person when committing a crime.
Multiple Choice: Which of the following is NOT a defense in criminal law? A) Insanity B) Duress C) Justifiable homicide D) Unintentional act
D) Unintentional act
What is the role of a prosecutor in a criminal case?
To represent the government and present evidence to prove the defendant’s guilt.
True or False: A plea bargain is an agreement between the defendant and the prosecutor.
True.
What is the definition of ‘actus reus’?
Actus reus refers to the physical act or conduct that constitutes a criminal offense.
Fill in the blank: The __________ is the legal principle that allows individuals to be tried for the same crime in both criminal and civil court.
doctrine of dual sovereignty
What is the significance of the ‘Miranda rights’?
They inform individuals of their rights to remain silent and to have an attorney during police interrogations.
Multiple Choice: Which of the following is a common type of white-collar crime? A) Robbery B) Embezzlement C) Assault D) Burglary
B) Embezzlement
What does the term ‘homicide’ refer to?
The intentional or unintentional killing of another person.
True or False: Self-defense can be used as a legal justification for homicide.
True.
What is the difference between first-degree murder and second-degree murder?
First-degree murder involves premeditation, while second-degree murder is typically impulsive or without prior intent to kill.
Fill in the blank: __________ is a legal doctrine that allows a person to be held liable for the actions of another person under certain circumstances.
Vicarious liability
What is ‘probable cause’?
A reasonable belief that a person has committed a crime, which is required for obtaining a warrant or making an arrest.
Multiple Choice: Which of the following is considered a crime against property? A) Murder B) Theft C) Assault D) Drug trafficking
B) Theft
What is the purpose of sentencing in criminal law?
To impose a penalty on a convicted defendant, serving purposes such as punishment, deterrence, rehabilitation, and restitution.
True or False: A defendant has the right to a jury trial in all criminal cases.
False: The right to a jury trial depends on the nature of the offense and the potential punishment.
What is ‘strict liability’ in criminal law?
A legal standard that holds a defendant liable for committing an action regardless of intent or mental state.
Fill in the blank: The __________ is a legal term for a wrongful act that does not constitute a felony or misdemeanor.
tort
