Chapter 2 Legal Flashcards
When a person engages in conduct that causes substantial emotional distress in a person and serves no legitimate purpose.
Harass
The suspect is deprived of freedom in a significant way.
Custody
Is misdemeanor or ordinance violations, the option for an offender to be released at the scene provided he or she signs a notice promising to appear in court.
Notice to appear
Spouses, former spouses, people related by blood or marriage, people who reside together or who have resided together in the past in the same dwelling unit, and people who are parents of a common child.
Family or household member
The process where a creditor may take possession of the collateral after default without a court order, if the repossession can be done without breach of the peace.
Self help repossession
An unlawful interference with the fundamental rights of another inhabitant of the United States.
Civil rights violation
A legal concept derived from the common law idea that the king and his agents can do no wrong, which is applied to employees or agents of a governmental entity, or to the governmental entity as an organization, to preclude the award of damages in a civil lawsuit.
Sovereign immunity
A rule that involves relying on the collective knowledge of other officers in taking law enforcement action.
Fellow officer rule
A situation in which the offender agreed, conspired, combined, or confederated with the person(s) alleged to the cause a crime to be committed F.S. 777.04(3).
Conspiracy
The items used by the defendant to commit the crime.
Instrumentalities of crime
To communicate words, images, or language through the use of electronic mail or electronic communication to a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
Cyber talk
To legally deprive a person of liberty or freedom to go as he or she chooses; to take a person into custody to be held to answer for a crime.
Arrest
The standards set fourth in the Constitution and decisions and interpretations of the Constitution handed down by
U.S. District and Supreme Courts.
Constitutional law
A court review of all factors known to the officer at the time of the incident.
Totality of circumstances
When an officer comes into voluntary contact with a citizen under circumstances in which a reasonable person would feel free to disregard the police and go about his or her business.
Consensual encounter
A failure to use due or reasonable care in a situation that results in harm to another.
Negligence
Committing an act, beyond thinking or speaking, towards carrying out a crime; a situation in which a person would have committed a crime except that he or she failed or was prevented from doing so by an outside occurrence or person.
Attempt
An act that occurs when the government affects a person’s right to have or control his or property, usually by taking that property.
Seizure
The liability incurred when an officer is found guilty of committing a crime and is sentenced to incarnation or other property.
Criminal liability
The enclosed space of ground and the outbuildings immediately surrounding a structure.
Cartilage
When a person purposely does what the law declares to be a crime.
Intent
A criminal or non criminal act punishable by law.
Offense
A defense that requires the person committing the act to reasonably believe that the only way to avoid death or great bodily harm to self or a third party is to commit the crime.
Duress or coercion
A part of the Fourteenth Amendment that expands the restrictions the Bill of Rights places on the federal government to state and local governments and states, „No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any person within its jurisdiction of the equal protection of the laws.”
Due process clause
A civil proceeding in which the law enforcement agency asks the court to transfer ownership of property from the defendant to the government.
Forfeiture
A sworn, written statement by a law enforcement officer establishing certain facts and circumstances to justify an arrest.
Probable cause affidavit
The oral, anal, or vaginal penetration by or union with the sexual organ of another; anal or vaginal penetration of another by any other object.
Sexual battery
A defendant who helped another person commit or attempt to commit a crime and whose actions must be treated as if he or she had done all the things the
Principal in the first degree
A motor vehicle, vessel, ship, aircraft, railroad vehicle or car, trailer, or sleeping car.
Conveyance
The legal requirements that must be met before a jury is allowed to see or hear evidence.
Admissibility of evidence
A failure of the defendant to act in a reasonable manner.
Breach of duty
The presentation of evidence sufficient to prove the guilt of each elements of the crime beyond a reasonable doubt.
Proof beyond a reasonable doubt
A criminal offense committing within a state where the maximum penalty is incarceration in a county jail for up to one year.
Misdemeanor
Transporting, soliciting, recruiting, harboring, providing, or obtaining another person for transport.
Human trafficking
When an officer acts or purports to act in performance of official duties under any law, ordinance, or regulation.
Color of law
An offense, also known as a citizen infraction, for which the only penalty may be fine, forfeiture, or other civil penalty.
Noncriminal violation
A legal defense that is used when the accused does not possess the mental state required to commit a criminal offense because of a reasonably mistaken belief about the facts relating to the circumstances; not to be confused with diminished mental capacity or insanity.
Mistake or ignorance of fact
When a law enforcement officer induces or causes a suspect to commit a crime so that the officer may then arrest the suspect; can be used as a legal defense.
Entrapment
A legal defense in limited circumstances when it negates an essential element of the crime, such as the ability to form criminal intent in the commission of certain offense.
Intoxication
Certain emergencies, such as evidence destruction, an emergency scene, or fresh pursuit that justify a warrant less entry.
Exigent circumstances
Intelligent, knowing, and voluntary consent that does not induce coerced submission; a legal defense that claims that the acts in question were committed with the victim’s consent and permission.
Consent
A person believed to have committed a crime or offense.
Suspect
Any unmarried person under the age of 18 who has not been emancipated by order of the court and who has been found or alleged to be dependent, in need of service, or form a family in need of services; or any married or unmarried person who is charged with a violation of law occurring prior to the time that person reached the age of 18 yrs. F.S. 985.03(6).
Child juvenile youth
Anything presented in a court of law to prove or disprove the validity of information.
Evidence
Any force a person may legally use to defend against the use of force by another Chapter 776, F.S.
Justifiable use of force
The level of justification needed to support a legal stop or investigative detention where an officer can articulate the facts that support a suspicion of a law violation.
Reasonable suspicion
A hunch or gut feeling based on law enforcement training and knowledge but it is not acceptable justification for interfering with someone’s rights.
Mere suspicion
A child 12 years of age or younger who is alleged to have committed a violation of sexual battery, prostitution, lewdness, indecent exposure, abuse of a child, obscenity, or any violation of law or delinquent act involving juvenile sexual abuse.
Juvenile sex offender
Any building of any kind, either temporary or permanent, which has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure.
Structure
When a person or entity is held liable for the negligent actions of another person, even though the first person or entity was not directly responsible for the injury.
Vicarious liability
Force that is likely to cause death great bodily harm to death.
Deadly force
The objects obtained by the defendant as a result of committing a crime.
Fruits of crime
Any evidence that requires an inference or presumption to establish a fact.
Circumstantial or indirect evidence
Consciously doing an act or following a course of conduct that the person must have known or reasonably should have known was likely to cause death or great bodily injury.
Culpable negligence
A suspect or defendant’s claim that he or she was not present when the alleged act was committed.
Alibi
A legal defense which recognizes that a criminal defendant will be judged on his or her present ability to assist counsel by participating in the criminal defense.
Mental incompetence
A special mental element of intention to cause a particular result, which is required over and above any mental state required for the offender to commit the act.
Specific intent
A statement that is made out of court by someone not testifying at a trial or hearing which offers evidence to prove or disprove the truth of the matter asserted.
Hearsay
A rule which states that evidence obtained illegally by law enforcement will not be admissible at trial.
Exclusionary rule
A court order authorizing law enforcement to take the individual named on the warrant into custody.
Arrest warrant
When an officer neglects to perform what the law or duty requires.
Omission
An offense in which a person assists an offender while having knowledge that the felony is being or has been committed F.S. 777.03.
Accessory after the fact
An offender’s intention to make the bodily movement which becomes the act to commit a criminal offense.
General intent
Not a specific crime but actions that include any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.
Domestic violence
Anything written or printed which is offered to prove or disprove a fact.
Documentary evidence
A presentation of a series of photographs in a non suggestive manner to a victim or witness in order to identify a suspect.
Photo array
The presentation of a number of individuals, which may include a known suspect, to a victim or witness in a non suggestive manner for the purpose of identification.
Live lineup
Evidence which proves a fact without an inference or presumption and which, if true, conclusively establishes that fact.
Directive evidence
A defense against liability that allows an officer to react instinctively to sudden peril without being held to the same legal standard of care as he would have been had there been times to reflect upon the circumstances.
Emergency doctrine
A link between the breach of duty and the harm caused.
Proximate cause
A liability which arises in cases where the officer committed an intentional or negligent tort in violation of the employing agency’s orders or policies.
Direct liability
A Latin term meaning the „ body of the offense “describing the legal principle that claims it must be proven that a crime has occurred before a person can be convicted of committing that crime.
Corpus Delicti
A person harmed by a crime.
Victim
A defense which protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
Qualified immunity
Any government intrusion into a place in which a person has a reasonable expectation of privacy.
Search
A common legal term describing a person’s authority to take reasonable steps, including the use of force (except deadly force) to the extent that a person reasonably believes that it is necessary to protect his or her possessions from trespass or theft to terminate these acts.
Defense of property
An improper act in law.
Tort
The liability that occurs when a person preaches a duty to confirm to a particular standard of conduct with others.
Criminal negligence
The legal action a person takes to resolve a dispute with another person.
Civil liability
A law that bars the state from prosecuting an individual after a certain period of time has elapsed since the criminal act occurred.
Statute of limitations
A one on one identification of a suspect in the field by a victim or witness orchestrated by a law-enforcement officer a short time after the commission of an offense.
Show up
Any mental disorder so severe that it prevents a person from having legal capacity and excuses that person from criminal or civil responsibility.
Insanity
Evidence comprised of the statements solicited from witness on the stand.
Testimonial evidence
A person believed to have committed a crime or offense.
Suspected perpetrator
The intent that is present when an unintentional act harms a unintended second victim.
Transferred intent
A common legal term that describes the justifiable use of force that is necessary to protect oneself.
Self defense
A stop made by an officer on the basis on a traffic infraction when there is not enough information for a reasonable suspicion to make the stop but for the objective purpose of looking inside the vehicle for evidence of a criminal activity.
Pretext stop
A court order to recover property that is in the wrongful possession of another.
Writ of replevin
Any evidence that requires an inference or preassumption to establish a fact.
Indirect evidence
The reasonable and foreseeable activities that an employee engaging in while carrying out the employer’s business.
Acting within the scope of employment
Anything that is illegal to possess.
Contraband
A criminal offense committed within A state in which the maximum penalty is death or incarceration in a state correctional facility for a period exceeding one year.
Felony
The area of law that allows individuals to resolve their disputes through legal action.
Civil law
The part of statutory law that defines unacceptable behavior and government prosecution of those who commit them.
Criminal law
A section of the Florida statutes that says an individual has; no duty to retreat when faced with imminent harm; has a right to stand his hair ground, and may meet force with force including deadly force when he reasonably believes it is necessary to do so to prevent death or great bodily harm. F.S. 776.013
No retreat law
A strong, negative belief or feeling about a person, group, or subject that is formed without reviewing all available facts or information.
Bias / prejudice
Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit.
Punitive damages
A person who has information about some element of a crime or about evidence or documents related to a crime and who may have heard statements or observed events before, during, or after a crime; a person who see, knows, or vouches for something and makes a sworn statement about that information.
Witness
The written laws enacted by Congress, state legislatures, or local governing authorities in response to a perceived need to clarify the function of government.
Statutory law
A legal doctrine that permits a law-enforcement officer to rest a fling suspect who crosses jurisdictional lines.
Fresh pursuit
A stop that may be made only if an officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation; also known as a Terry stop.
Investigative stop
A court order that authorizes law enforcement to conduct a search and seizure.
Search warrant
The body of law that is formed by the decisions of the court system.
Case law
An improper act.
Crime
An interview in which the person is not under arrest and a reasonable person would believe that he or she is free to leave at any time during the interview.
Noncustodial stop
A person who aids or contributes in committing or concealing a crime.
Accessory
Any locally applied law; statues enacted by municipal (city) or county government.
Ordinance
Court awards designed to compensate for the actual property damage, harm, or injury the plaintiff suffers.
Compensatory damage
An offense in which a person commands, encourages, hires, or request another person to engage in specific conduct which would constitute the commissions of an offense or an attempt.
Solicitation
A fair probability or reasonable grounds to believe that a crime was committed, based on the totality of circumstances.
Probable cause
An unmarried person under the age of 18 who has not been emancipated by order of the court and who has been found or alleged to be the defendant, in need of services, or from a family in need of services; and married or unmarried person who is charged with the violation of law occurring prior to that a time that person reach the age of 18.
Juvenile
