Chapter 3 Flashcards
Rule of law
The principle that the rule of a legal system apply equally to all persons, institutions, and entities-public or private- that make up a society.
Constitutional law
Law based on the U.S. Constitution and the constitutions of the various states.
Statutory Law
The body of law enacted by legislative bodies.
Supremacy Clause
A clause in the U.S. Constitution establishing that federal law is the “supreme law of the land” and shall prevail when in conflict with state constitution or statutes.
Ballot Initiative
A procedure in which the citizens of a state, by collecting enough signatures, can force a public vote on a proposed change to state law.
Administrative law
The body of law created by administrative agencies (in the form of rules,regulations,orders,and decisions) in order to carry out their duties and responsibilities.
Precedent
A court decision that furnishes an example of authority for deciding subsequent cases involving similar facts.
Case Law
The rules of law announced in court decisions
Star Decisis
A legal doctrine under which judges are obligated to follow the precedents established in prior decisions.
Civil Law
The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
Plaintiff
The person or institution that initiates a lawsuit in civil court proceedings by filling a complaint.
Defendant
In a civil court, the person or institution against whom an action is brought. In a criminal court, the person or entity who has been formally accused of violating a criminal law.
Liability
In a civil court, legal responsibility for one’s own or another’s actions.
Beyond a reasonable doubt
The degree of proof required to find the defendant in a criminal trial guilty of committing the crime. The defendant’s guilt must be the only reasonable explanation for the criminal act before the court.
Preponderance of the evidence
The degree of proof required to decide in favor of one side or the other in a civil case. In general,this requirement is met when a plaintiff shows that a claim more likely that not is true.
Felony
A serious crime, usually punished by death or imprisonment for a year or longer.
Misdemeanor
A criminal offense that is not a felony; usually punishable by a fine and/or a jail term of less than one year.
Infraction
In most jurisdictions, a no criminal offense for which the penalty is a fine rather than incarceration.
Mala in Se
A descriptive term for acts that are inherently wrong,regardless of whether they are prohibited by law.
Mala Prhibita
A descriptive term for acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves.
Corpus Delicti
The body of circumstances that must exist for a criminal act to have occurred.
Actus Rus
A guilty (prohibited) act
Attempt
The act of taking substantial steps toward committing a crime while having the ability and the intent to commit the crime, even if crime never takes place.
Mens Rea
Mental state, or intent. Wrongful mental state is usually as necessary as a wrongful act to establish criminal liability.
Negligence
A failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
Recklessness
The state of being aware that a risk does or will exist and nevertheless acting in a way that consciously disregards this risk.
Involuntary Manslaughter
A homicide in which the offender had no intent to kill her or his victim.
Strict Liability Crimes
Certain crimes, such as traffic violations, in which the defendant is guilty regardless of her or his state of mind at the time of the act.
Statutory rape
A strict liability crime in which an adult engages in a sexual act with a minor.
Voluntary Manslaughter
A homicide which the intent to kill was present in the mind of the offender, but ,malice was lacking
Involuntary Manslaughter
A homicide in which the offender had no intent to kill her or his victim.
Strict Liability Crimes
Certain crimes, such as traffic violations, in which the defendant is guilty regardless of her or his state of mind at the time of the act.
Statutory Rape
A strict liability crime in which an adult engages in a sexual act with a minor.
Felony Murder
An unlawful homicide that occurs during the attempted commission of a felony.
Attendant Circumstances
The facts surrounding a criminal event that must be proved to convict the defendant of the underlying crime
Hate Crime Law
A statute that provides for greater sanctions against those who commits crimes motivated by bias against an individual or a group based on race, ethnicity religion, gender, sexual orientation, disability, or age.
Inchoate Offense
Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is a harm the law tries to prevent
Conspiracy
A plot by two or more people to carry the out an illegal or harmful out.
Infancy
the status of a person who is below the legal age of majority. Under early American law, infancy excused young wrongdoers of criminal behavior because presumably they could not understand the consequences of their actions.
Insanity
A defense for criminal liability that asserts a lack of criminal responsibility due to mental instability.
Competency Hearing
A court proceeding to determine whether the defendant is mentally well enough to understand the charges filed against him or her and cooperate with a lawyer in presenting a defense.
Intoxication
A defense for criminal liability in which the defendant claims that the taking of intoxicants rendered him or her unable to form the requisite intent to commit a criminal act.
Duress
Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform.
Self Defense
The legally recognized privilege to protect one’s self or property from injury by another.
Duty to Retreat
The requirement that a person claiming self-defense prove that she or he first took reasonable steps to avoid the conflict that resulted in the use of deadly force
Necessity
A defense against criminal liability in which the defendant asserts that circumstances required her or him to commit an illegal act.
