Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Court Systems final > crim law final > Flashcards

crim law final Flashcards

1
Q

what is common law assault

A

an attempt or offer to do harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what is statutory assault

A

assault or aggravated assault encompasses all cases of assault that are vicious in nature and include assaults with a specific intent to commit a felony and assaults with a deadly weapon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what is battery under common law

A

its defined as an unlawful injury however slight, done to another person, directly or indirectly, in an angry or revengeful, rude or insolent manner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what is mayhem

A

includes any act against the person that violently deprived that person of the use of any members so as to make them less culpable of self dense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is homicide

A

the killing of a human being by another human being

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is the year and a day rule

A

if victim does not die within a year and a day after the harm was inflicted, the perpetrator cannot be charged with murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is justifiable homicide

A

the necessary killing of another in the performance of a legal duty or in the exercise of a legal right

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

excusable homicide

A

the killing of another human being when the slayer has some degree of fault but that the fault does not rise to the level required to be criminally liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what is murder

A

the felonious killing of another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what is malice

A

the intentional doing of a wrongful act in such circumstances that the death of a human being may result. (it does not mean hate, ill, bad intentions and feelings)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what is expressed malice

A

slayer actually intended to kill

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what is implied malice

A

even if the slayer did not intend to kill, malice will be implied while committing a deliberate and cruel act, likely to cause death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

the first situation where courts imply malice

A

intentional infliction or great bodily harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what is the second situation where courts imply malice

A

deliberate act which tends to cause death or serious harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what is the third situation where courts imply malice

A

death arising from the felony murder rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what is the fourth situation where courts imply malice

A

death arising from resisting a lawful arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what is the element of aforethought

A

the planning to kill ahead, may be formed seconds, minutes, days or years prior

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

what is the felony murder rule

A

rule of law that holds a person can be charged with murder if the killing of someone occurs in the commission or the attempted commission of a felony even if the perpetrators did not have the intent to kill anyone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what is manslaughter

A

the crime charged when the circumstances of the homicide are not severe enough to be murder yet do not constitute justifiable homicide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

voluntary manslaughter

A

an intentional killing which does not require malice or premeditation in which death occurs from a legally adequate provocation during the heat of the passion before the slayer has the opportunity to cool down.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

involuntary manslaughter

A

an unintentional killing resulting from an unlawful act or from culpable negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

forcible rape

A

having sexual intercourse with a female against her will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

consent issues

A

the victim may not be able to give consent legally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

rape trauma syndrome

A

states that a rape victim will demonstrate certain unusual behavior patterns

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

rape shield laws

A

bar the admission of the victims prior sexual activity as evidence unless the sexual activity was with the defendant or its relevance to her credibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

statutory rape

A

a crime developed by statute in which a female under a certain age can not consent to sexual intercourse, therefore intercourse with that female by an adult constitutes rape

27
Q

adultery

A

sex between a male and female, at least of which one of them is married to someone else

28
Q

fornication

A

sexual intercourse between unmarried persons

29
Q

incest

A

sexual intercourse between persons who are related by blood

30
Q

sodomy

A

sexual acts including intercourse between a human and an animal or anal intercourse between humans

31
Q

indecent exposure

A

exposing oneself in a public place or in a place where the public could view it

32
Q

obscenity

A

any work that depicts or describes sexual misconduct in an offensive way and does not literacy, artistic, political or scientific value

33
Q

bigamy

A

showing that someone married again, did so intentionally and knew at the time they were already legally married to another

34
Q

polygamy

A

the act of being married to several spouses at one time

35
Q

endangering the welfare of children

A

a parent or guardian or another person supervising the welfare of a child under the age of 18 years old, commits an offense if he knowingly endangered the welfare of a child by violating a duty or care

36
Q

persistent nonsupport

A

if someone persistently fails to provide support when he or she can provide and if they are legally obligated to provide to the spouse or child

37
Q

child molesting

A

the crime of sexual acts w/ minors

38
Q

prostitution

A

defined as the offering by a female of her body for intercourse with men for monetary or other gain

39
Q

pandering

A

(also called pimping) consists of procuring a female to work in a house of prostitution or procurring a house of prostitution in which the female may work

40
Q

false imprisonment

A

the unlawful restraint of a person liberty by another person

41
Q

abduction

A

a crime that is similar to kidnapping but which applies only to the females in which the female is taken for illicit sec or to be forced to marry

42
Q

kidnapping

A

the unlawful taking of a person against his/her will

43
Q

larceny

A

a type of theft with 5 elements (the taking, the carrying away, the personal property, another person and the intent to permanently deprive

44
Q

lost property

A

when the possessor unintentionally parts with it under such circumstances as to be unaware its missing

45
Q

mislaid property

A

when the possessor intentionally places the property in a certain location but forgets to retrieve it

46
Q

abandoned property

A

cannot be subject to larceny, a person abandons property when they intentionally decides to give up possessing and ownership rights

47
Q

embezzlement

A

a crime against ownership. the essence of the crime is conversion of property by someone to whom it has been entrusted

48
Q

false pretense

A

always involves misrepresentation by the accused of a past or present fact. the accused must be aware that the statement is false

49
Q

receiving stolen property

A

four elements to this act. the receiving or concealing, the stolen property, the knowledge of stolen property and the intent

50
Q

personal property

A

anything capable of ownership except land or things permanently affixed to the land which is then considered real property

51
Q

asportation

A

a term meaning the carrying away or property

52
Q

fair market value

A

method of evaluating property in which the value of the item stolen or damaged is assessed by determining the value of that item in todays market place

53
Q

white collar crimes

A

crimes created by statute that prohibit certain business practices

54
Q

tax evasion

A

illegal means to avoid paying taxes. the failure to deliberately not pay or under pay taxes

55
Q

false advertising

A

the act of publishing, transmitting or otherwise publicly circulating an advertisement containing a false claim or statement to promote the sale of property, goods or services

56
Q

mail fraud

A

when someone engages in a scheme to defraud, with the intent to defraud and uses the mail in furthermore of that scheme

57
Q

robbery

A

when one illegally takes property with some value from another person in his presence by using force or threat of force. its a crime against a person that involves the taking or property

58
Q

burglary

A

the common law definition is is the breaking and entering of the dwelling house of another in the nighttime with intent to commit a felony therein

59
Q

arson

A

the willful and malicious burning of the dwelling place

60
Q

forgery

A

falsely making or materially altering a writing that is genuine would be of legal efficacy of the foundation of legal liability intending to defraud or prejudice to the rights of others

61
Q

uttering a forged instrument

A

a person passing or attempting to pass the instrument must know of its ungenuine character to be charged

62
Q

uttering a worthless check

A

a person who makes out a check on a non existent account and attempted to pass it as valid

63
Q

counterfeiting

A

instances in which something other than a document was falsely made with the intent to defraud

Court Systems final (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions