Criminal Law & Torts Flashcards
Malum in se
refers to those actions that are wrong in and of themselves. Often this refers to things like murder, theft, and assault.
Malum prohibitum
refers to those actions that are only prohibited because some law or regulation defines them as being wrong.. eg., prostitution, drug possession, hunting without a license, or building a home without proper licenses.
who always brings the charges in a criminal crime? Even if there is a personal victim?
The state or government
mens rea
criminal intent
actus reus
criminal action
what has to happen in order for someone to be found guilty of a criminal crime?
criminal action and criminal intent.
recklessness
Consciously or intentionally ignoring risks that could reasonably result from one’s actions.
negligence
Not exercising the care a reasonable person would take in a specific situation.
strict liability
an exception in that it is a crime that seemingly does not require mens rea.
purposeful action
Acting to intentionally harm another.
What is battery?
defined as the intentional touching of another person in a way that results in harm or offense to that person
what are affirmative defenses
acts to excuse otherwise unlawful behavior.
What is a Felony
The most serious crimes.. include acts like kidnapping, terrorism, and murder.
What is a Tort?
civil wrongs committed by one party (the tortfeasor) who has a duty to not cause harm to another.
What are the 4 Elements of a Tort?
- duty of care, 2. breach of that duty, 3. the breach was the proximate cause of an injury or harm, 4. damages are possible
