Chapter 9

Question 0

Code of ur-namma

Answer 0

Earliest known written set of laws

Question 1

Substantive criminal law

Answer 1

The rules of what one must do or not do

Question 2

Code of Hammurabi

Answer 2

A codification of ancient Babylonian laws

Question 3

Lex talionis

Answer 3

Eye for an eye

Question 4

Restitution

Answer 4

Payment of money to the victim

Question 5

Trial by ordeal

Answer 5

The accused made to hold a burning object, and the verdict would depend on the degree of injury

Question 6

Magma carta

Answer 6

Formed the basis of due process for the us law

Question 7

Model penal code

Answer 7

Basis for the revision to criminal laws in two thirds of the American states

Question 8

Actus Reus

Answer 8

Evil act

A criminal act

Question 9

Mens rea

Answer 9

Evil mind

The intent to commit a criminal act

Question 10

Strict liability

Answer 10

Offenses that are punished without regard to the actors state of mind

Question 11

Attendant circumstances

Answer 11

The circumstances that must surround the occurrence of an Actus Reus

Question 12

Result

Answer 12

That which occurs due to the Actus Reus

Question 13

Cause in fact

Answer 13

What we normally think of as causing

The person did something to cause the result

Question 14

Proximate cause

Answer 14

Concerned with whether there were any other causes that contributed to the result

Question 15

Crimes against the person

Answer 15

Crimes in which people are physically victimized

Question 16

Crimes against property

Answer 16

Burglary, trespassing, fraud, etc
Most common type
Property is damaged

Question 17

Inchoate crimes

Answer 17

Crimes that occur as part of the preparation for committing another crime

Question 18

Defenses

Answer 18

The various reasons people should not be held criminally responsible for an action

Question 19

Defenses of excuse

Answer 19

A defendant admits to having committed a crime, but only under special circumstances

Question 20

Defenses of justification

Answer 20

Defendant admits to committing the act and with criminal intent, but the circumstances surrounding the act are justifiable

Question 21

Procedural defenses

Answer 21

Technical defenses created under the law for public policy reasons

Question 22

Symbolic speech

Answer 22

Protected by the first amendment

Conduct that expresses an idea or opinion, depending on the circumstances

Question 23

Overbreadth

Answer 23

Occurs when a law sweeps unnecessarily broadly and thereby invades the area of protected freedoms

Question 24

Establishment clause

Answer 24

No Wall of separation between church and state

Question 25

Free exercise clause

Answer 25

People’s rights to act on their beliefs

Question 26

Substantive due process

Answer 26

The notion that certain rights and liberties are so fundamental that any governmental infringement on rights and liberties should not be tolerated

Question 27

Crime

Answer 27

An international act in violation of the criminal law

Question 28

Ancient Greece

Answer 28

The birthplace of democracy and western jurisprudence

Question 29

Natural law

Answer 29

The will of god

Question 30

Criminal trials

Answer 30

Searching for the truth of gods will in each case

Question 31

ALI

Answer 31

American law institute
Published the MPC
Think tank designed to simplify and harmonize the common law across the 50 states

Question 32

Four levels of mena rea

Answer 32

Purpose
Knowledge
Recklessness
Negligence

Question 33

Strict liability limitations

Answer 33

Limited to mala prohibita crimes by the Supreme Court