1. wrongdoings against society 2. defined in a statue

Chapter 10 Flashcards by Mara Freeman

What does civil law pertain to?

duties that exist between persons or between persons and their governments

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what does criminal law pertain to

wrong doings against society (crime)

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what is crime

wrongdoings against society
defined in a statue

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The party who brings forth the suit for civil vs. criminal

civil: person who suffered harm

criminal: the state

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The wrongful act for a civil vs. criminal law

civil: causing harm to a person or to a person’s property

criminal: violating a statue

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what is burden of proof for civil vs criminal law?

civil: preponderance of evidence

criminal: beyond a reasonable doubt

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What is the verdict for civil law vs. criminal law

civil: 75% majority
criminal: unanimous

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What is remedy for civil vs. criminal

civil: damages to compensate
criminal: punishment (fine, imprisonment or death)

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what does preponderance of evidence mean

that it is more likely than not that the plaintiffs allegations are true

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what does burden of proof?

the standard used to determine the guilt or innocence of a person of a person criminally charged

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what does beyond reasonable doubt mean

prudent person would hesitate

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what are criminal sanctions?

punishments designed to deter others from committing similar acts in the future

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T/F - Some torts, such as assault and battery, provide a basis for criminal prosecution as well as civil action in tort

True

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What is a felony

a crime that carries punishments for more than a year

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what is a misdemeanor

a lesser crime punishable by fine or imprisonment for less than a year

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what is a petty offense?

a subset of misdemeanor, comprised of the least serious criminal offenses, such as traffic violations and jaywalking

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What two elements must exist for a person to be convicted of a crime?

must actually perform the act
have to have intent and specified state of mind

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what does mens rea mean?

must have criminal intent or a specified state of mind to be convicted of a crime

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What does recklessness mean

a defendant is criminally reckless if they consciously disregard a risk

-even if you didn’t have intent you ignored risks

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What is robbery?

The act of forcefully and unlawfully taking personal property of any value
from another.

What is aggravated robbery?

robbery with a deadly weapon

what is burglary

unlawfully entering into a building with the intent to commit a felony

Arson for profit

burning your own property

Arson

willfully and maliciously burning the property of another person

larceny

taking something without the person knowing (no force or fear)

Receiving stolen goods

It is a crime to receive goods that a person knows or should have known were stolen or illegally obtained.

what is forgery

making or altering a writing that changes legal rights

What are public order cirmes

victimless crimes ex: disorderly conduct

embezzelment

a form of theft, but they are giving you money, and they secretly take it and do something else with it. (trust you with it to do one thing but do something else) not larceny because it's not property being pysically taken

white collar crimes

non violent crime committed by individuals or corporations to obtain a personal or business advantage

bribery

unlawfully offering, giving, or receiving money or other thing of value to influence a public decision... the crime occurs when the offer is made

bankruptcy fraud

lying about your assets or what you owe to a bankruptcy court

Insider Trade

trading stock or other security or giving people information on basis of nonpublic inf information

Theft of Trade Secrets

you cannot be in possession of another company's trade secrets, have to either destroy it or give it back

What are defenses to criminal liability

Infancy/insanity/lack of capacity Involuntary intoxication Mistake Consent Self Defense Necessity Entrapment Statute of Limitation Immunity

What entitles self defense

You are allowed to take reasonably necessary steps to protect yourself from real or apparent danger Cannot use deadly force to protect property

What does necessity mean as a defense to criminal liability

Commit a crime to prevent a greater crime from happening

What does pleading insanity mean

puts them into a mental hospital instead of prison

what does mistake mean as a defense to a criminal liability -mistake of fact and mistake of law

a mistake of fact can excuse a crime (ex: picking up wrong bag at airport) mistake of law, meaning you ignored or mistake the law is not a valid defense

What does entrapment mean as a defense to a criminal liabiility

a defense in which a public official induced the person to commit a crime

how does statue of limitations relate to a defense to criminal liability

you have a certain amount of years to bring forth a crime

What does immunity mean as a criminal defense liability

when the state wants information from a person about a crime so they state they can grant them immunity from prosecution

what is plea bargaining

The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval

What do your fourth amendment rights protect you from?

getting searched in your house without a warrant

what is probable cause?

reasonable grounds for believing that a search should be conducted or that person should be arrested -crime has happened or will happen

what is the exclusionary rule?

any evidence obtained in a way that violates your constitutional rights is not admissible - makes so police don't conduct warrantless search and follow your amendment rights

What are Miranda rights

if police don't say your Miranda rights then what you say will not be able to be used in court