Chapter 3

Question 1

Rule of law

Answer 1

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.

Question 2

Constitutional law

Answer 2

Law based on the U.S. Constitution and the constitutions of the various states.

Question 3

Statutory Law

Answer 3

The body of law enacted by legislative bodies.

Question 4

Supremacy Clause

Answer 4

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.

Question 5

Ballot Initiative

Answer 5

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.

Question 6

Administrative law

Answer 6

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.

Question 7

Precedent

Answer 7

A court decision that furnishes an example of authority for deciding subsequent cases involving similar facts.

Question 8

Case Law

Answer 8

The rules of law announced in court decisions

Question 9

Star Decisis

Answer 9

A legal doctrine under which judges are obligated to follow the precedents established in prior decisions.

Question 10

Civil Law

Answer 10

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.

Question 11

Plaintiff

Answer 11

The person or institution that initiates a lawsuit in civil court proceedings by filling a complaint.

Question 12

Defendant

Answer 12

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.

Question 13

Liability

Answer 13

In a civil court, legal responsibility for one’s own or another’s actions.

Question 14

Beyond a reasonable doubt

Answer 14

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.

Question 15

Preponderance of the evidence

Answer 15

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.

Question 16

Felony

Answer 16

A serious crime, usually punished by death or imprisonment for a year or longer.

Question 17

Misdemeanor

Answer 17

A criminal offense that is not a felony; usually punishable by a fine and/or a jail term of less than one year.

Question 18

Infraction

Answer 18

In most jurisdictions, a no criminal offense for which the penalty is a fine rather than incarceration.

Question 19

Mala in Se

Answer 19

A descriptive term for acts that are inherently wrong,regardless of whether they are prohibited by law.

Question 20

Mala Prhibita

Answer 20

A descriptive term for acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves.

Question 21

Corpus Delicti

Answer 21

The body of circumstances that must exist for a criminal act to have occurred.

Question 22

Actus Rus

Answer 22

A guilty (prohibited) act

Question 23

Attempt

Answer 23

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.

Question 24

Mens Rea

Answer 24

Mental state, or intent. Wrongful mental state is usually as necessary as a wrongful act to establish criminal liability.

Question 25

Negligence

Answer 25

A failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

Question 27

Recklessness

Answer 27

The state of being aware that a risk does or will exist and nevertheless acting in a way that consciously disregards this risk.

Question 28

Involuntary Manslaughter

Answer 28

A homicide in which the offender had no intent to kill her or his victim.

Question 29

Strict Liability Crimes

Answer 29

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.

Question 30

Statutory rape

Answer 30

A strict liability crime in which an adult engages in a sexual act with a minor.

Question 31

Voluntary Manslaughter

Answer 31

A homicide which the intent to kill was present in the mind of the offender, but ,malice was lacking

Question 32

Involuntary Manslaughter

Answer 32

A homicide in which the offender had no intent to kill her or his victim.

Question 33

Strict Liability Crimes

Answer 33

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.

Question 34

Statutory Rape

Answer 34

A strict liability crime in which an adult engages in a sexual act with a minor.

Question 35

Felony Murder

Answer 35

An unlawful homicide that occurs during the attempted commission of a felony.

Question 36

Attendant Circumstances

Answer 36

The facts surrounding a criminal event that must be proved to convict the defendant of the underlying crime

Question 37

Hate Crime Law

Answer 37

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.

Question 38

Inchoate Offense

Answer 38

Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is a harm the law tries to prevent

Question 39

Conspiracy

Answer 39

A plot by two or more people to carry the out an illegal or harmful out.

Question 40

Infancy

Answer 40

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.

Question 41

Insanity

Answer 41

A defense for criminal liability that asserts a lack of criminal responsibility due to mental instability.

Question 42

Competency Hearing

Answer 42

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.

Question 43

Intoxication

Answer 43

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.

Question 44

Duress

Answer 44

Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform.

Question 45

Self Defense

Answer 45

The legally recognized privilege to protect one’s self or property from injury by another.

Question 46

Duty to Retreat

Answer 46

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

Question 47

Necessity

Answer 47

A defense against criminal liability in which the defendant asserts that circumstances required her or him to commit an illegal act.