Exam #2 Flashcards
Homicide
The killing of another person
Manslaughter
Killing a person with a lower level of culpability (Involuntary & Voluntary)
Robbery (Crime)
Taking personal property by force or threat
Assault (Crime)
The threat of violence (also contact in NJ)
Battery (Crime)
Harmful or offensive touching of another human without excuse or consent (after assault)
Reckless Endangerment (Crime)
Engaging in behavior that could lead to serious injury
Trespass (Crime)
Wrongful interference with the real or personal property of another
Burglary (Crime)
Unlawful entry into a building or structure with the intent to commit a crime
Theft (Crime)
Unlawful taking of someone else’s property
Embezzlement (Crime)
Fraudulent appropriation of property by someone who has been entrusted with it
Strict Liability
The behavior of the tortfeasor doesn’t matter, if an injury occurs, the tortfeasor is liable
Strict Liability Crimes
Statutory Rape, Faulty Medication, Drug Possession
White Collar Crime
A non-violent, business related crime
Types of Homicide
Murder (intentional) or Manslaughter (unintentional)
Levels of Culpability Under Mens Rea
Latin for “guilty mind”; Purposely, knowingly, recklessly, negligently
State’s burden of proof in a criminal case
Beyond a reasonable doubt
Plaintiff’s burden of proof in a tort case
Preponderance of evidence
Grand Jury
An appointed body of citizens formed to both investigate the operations of government and to issue indictments against persosns suspected of criminal conduct
An Indictment
A formal, written accusation issued by a grand jury, allowing for the prosecution of a suspect
An Information
An accusation against a suspect issued by a judge
Ex Post Facto Law
If a law is passed criminalizing an act, and you committed the act before the passage of the law, you are not guilty of the crime
Purpose of Bail
Acts as a security to ensure a defendant will show up to court for their trial
Booking
The process of recording a suspect’s information after an arrest
Arraignment
A defendant’s first court appearance after being arrested
Types of Affirmative Defenses
Self Defense, Necessity, Entrapment, Under Duress, Statute of Limitations
Felony (Indictable Offenses)
Punishable by a year or more in a state facility (or death in some states)
Misdemeanor (Non-Indictable Offenses)
Punishable by less than a year in a state facility
Violation
A minor crime (i.e. traffic tickets or jaywalking) that is not punishable by incarceration, but only by fine.
Probation
When a sentence is suspended before any time has been served
Parole
The conditional release from custody after serving a portion of one’s sentence
Defamation
A published, false statement meant to harm someone’s reputation or public image
Libel
Written Defamation
Slander
Spoken Defamation
Slander Per Se
Spoken statements that are so harmful/damaging, proof of damage is not required
Conversion
Stealing someone else’s property to your own
Intentional Infliction of Emotional Distress
Acting recklessly and intentionally in a way as to cause extreme emotional distress to an individual
Assault (Tort)
The threat (or attempt) to commit violence
Battery (Tort)
Causing physical harm
Proximate Causation (Tort)
Foreseeability of an injury due to recklessness/negligence
Fraud
Intentional lie(s) that someone relies on and is hurt as a result of the lie
Puffing
“Salesmen talk”
What makes a contract binding?
Consideration of reciprocal value
Competence of parties involved
Mutual Agreement
Contract must be legal
Genuine Assent
Bilateral Contract
A contract where both parties in the agreement exchange promises to perform a specific action (lease agreement)
Unilateral Contract
A contract where one party makes a promise in exchange for something in return (reward offer)
Option Contract
A promise to keep an offer open for another party to accept within a given period of time
Quasi Contract
A legal obligation imposed by law to prevent unjust enrichment (landscaper accidentally mows neighbor’s lawn)
Uniform Commercial Code (UCC)
A set of laws that govern commercial transactions in the U.S.
Liquidated Damages
An exact amount of money a party will owe if they breach a contract (to compensate the other party for any loss)
Statute of Frauds
The requirement that some promises (contracts) must be in writing (palimony, large purchases, real estate)
