chapter 3

Question 1

Civil law

Answer 1

law regulating the relationship between or among individuals, usually involving property, contracts, or business disputes

Question 2

criminal law two types

Answer 2

substantive and procedural

Question 3

substantive

Answer 3

laws that define acts that are subject to punishment and specifies the punishments for such offensive (says what is illegal)

Question 4

procedural

Answer 4

law defining procedures that criminal justice officials must follow in enforcement, adjudication, and corrections (past laws that tell HOW to do job)

Question 5

3 elements that make a crime

Answer 5

The act
circumstances
mental/intent
-all must be present to be a crime

Question 6

the act

Answer 6

what was done (breaking into building)

Question 7

circumstances

Answer 7

you were not allowed to be in there, no reason

Question 8

mental/intent

Answer 8

committing the crime during this (stealing something)

Question 9

legality

Answer 9

if the behavior/ act was listed in substantive… it was a crime

Question 10

Actus Reus

Answer 10

The act of doing

Question 11

Causation

Answer 11

Causable relationship between act and harm. Committing the crime, taking of something

Question 12

Harm

Answer 12

Depriving someone of their property, causing damage

Question 13

Concurrence

Answer 13

Act and intent must be present at the same time

Question 14

Mens Rea

Answer 14

Intend to commit a crime, blameworthy

Question 15

Punishment

Answer 15

For Judge to make decision

Question 16

justifications

Answer 16

focuses on weather the defendants actions were socially acceptable under the circumstances. Despite the harm caused that violates criminal law

Question 17

Self-defense

Answer 17

a person feels threatened and feels they are in immediate danger to be harmed, the person may ward off the attack in self-defense. This can also be used when property is in danger.

Question 18

Necessity

Answer 18

when a person breaks the law in order to save themselves or prevent more harm. If greater harm can come from not breaking the law it can be done

Question 19

Duress

Answer 19

breaking the law because they were forced by another person.
-Stealing something because their child was being held hostage.

Question 20

Entrapment

Answer 20

the police trap someone into breaking the law. Lore them into breaking the law.
-Cop goes undercover

Question 21

Infancy

Answer 21

The law is excluded to children under seven because they are underage and do not fully understand what they are doing.
-Child finds parents gun and shoots his brother or sister.

Question 22

Mistake of fact

Answer 22

if the accused person has made a unknowing mistake due to someone else.
-Taking someone’s backpack thinking it was yours

Question 23

Drug/High

Answer 23

when someone was tricked into being intoxicated
-Date rape drug

Question 24

Insanity

Answer 24

when someone is not in the right state of mind due to mental illness.
-Mental illness- man who shot President Reagan