Exam 3 Flashcards
What does property law govern
- the “things” that people can own
- the ways in which people can own them
What are the bundle of rights?
-Liberty to use
-Right to exclude
-Power to transfer
-Immunity from
damage
. What are some benefits of the social value of private
property law?
-Encourages highest and best use of property
-Provide individual with a degree of independence
What are some detriments of the social value of private property law?
-Collective ownership might be more equitable
and efficient.
-Consolidation of wealth leads to undue political influence
What are different types of property?
-Personal
-Real
-Intellectual
(patent, copyright,
trademark)
What are certain ways to acquire property?
-Discovery
-Conquest
-Adverse Possession
What is intestate?
Dying without a will
What can a will do in estates?
-Can divide property according to wishes
-Can assign guardians for minor children
What is a trustee in estates?
A person legally appointed to manage and distribute
assets held within a trust.
What are types of criminal takings?
Theft by…..
-Taking
-Extortion
-Services
-Lost property
-Embezzlement
-Robbery
What are types of property crimes?
-Vandalism
-Arson
-Burglary
-Animal abuse
-Cyber-crime
7 principles of criminal law
- legality
- actus reus
- causation
- harm
- concurrence
- mens rea
- punishment
What is principle of legality?
No crime without law, no punishment without law
What is the MPC Voluntary Act?
A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.
What are considered NOT voluntary acts of the MPC?
-A reflex or convulsion.
-A bodily movement during unconsciousness or sleep.
-conduct during hypnosis or resulting from hypnotic
suggestion.
-A bodily movement that otherwise is not a product of
the effort or determination of the actor, either conscious
or habitual.
What is the MPC Voluntary Omission?
Liability for the commission of an offense may not be based on an omission unaccompanied by action.
What does it mean to act purposely with respect to a
material element of an offense?
When it is their conscious object to engage in conduct of that nature or to cause such a result
What is the requirement for a person to act purposely
regarding attendant circumstances?
A person must be aware of the existence of such circumstances or believe or hope that they exist.
What does it mean for a person to act knowingly with
respect to a material element of an offense?
When is aware that his conduct is of a certain nature
or that certain circumstances exist.
What does it mean if the element involves a result of
a person’s conduct?
The person is aware that it is practically certain
that his conduct will cause such a result.
What does it mean to act recklessly according to the
MPC?
When he consciously disregards a substantial and unjustifiable risk that a material element of
an offense exists or will result from his conduct.
What does it mean to act negligently with respect to a
material element of an offense?
When he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct.
What is MPC criminal homicide
Murder, manslaughter or negligent homicide.
When is a person guilty of criminal homicide?
If he purposely, knowingly, recklessly or negligently causes the death of another human being.
What is another way murder can be committed?
Recklessly under circumstances manifesting extreme indifference to the value of human life
What presumes recklessness and indifference in murder cases?
If the actor is engaged in or an accomplice to certain crimes like robbery, rape, arson, burglary, kidnapping, or felonious escape
Under what condition can a homicide that would otherwise be murder be considered manslaughter?
If it is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse
What is negligent homicide?
Causing death through criminal negligence.
What is MPC rape?
A male who has sexual intercourse with a female not
his wife.
When is a male guilty of rape?
-If he compels her to submit by force
-If he has substantially impaired her power to appraise
or control her conduct.
-If the female is unconscious
-If the female is less than 10 years old
What is Pennsylvania Rape?
A person commits a felony of the first degree when they
engage in sexual intercourse with a complainant under specific circumstances.
What are the specific circumstances when it comes to
someone committing Pennsylvania rape?
-Forcible compulsion
-Threat of forcible compulsion
-Someone who is unconscious
-Someone who is impaired
What is the time limit for bringing a complaint under
the MPC Special Provisions?
No prosecution may be instituted unless the alleged offense was reported within 3 months of its occurrence.
What is the general rule regarding the admissibility of
evidence of an alleged victim’s past sexual conduct in
Pennsylvania prosecutions?
It shall not be admissible, except for evidence of
past sexual conduct with the defendant where consent is at issue.
What must a defendant do to offer evidence of the
alleged victim’s past sexual conduct in Pennsylvania?
Must file a written motion and offer of proof at the time of
trial.
What happens if the court finds the motion and offer
of proof sufficient in Pennsylvania?
The court shall order an in-camera hearing and
make findings on the record regarding the relevance
and admissibility of the proposed evidence.
How is the credibility of a complainant determined in
Pennsylvania Special Provisions?
It shall be determined by the same standard as is the credibility of a complainant of any other crime
What is an excuse in defenses?
When something is wrong with the accused (insanity or age)
What is a justification in defenses?
Lesser of two evils (self-defense)
What is the M’Naghten Rule?
States that someone can not be held responsible for his actions if (1) he did not know what he was doing
or (2) he did not know that his actions were wrong.
What is the irresistible impulse test?
The defendant, although able to distinguish right from
wrong at the time of the act, suffered from a mental disease or defect that made him or her incapable of controlling her or his actions
What is the durham rule?
An accused is not criminally responsible if his unlawful act was the product of mental disease.
What is the ALI insanity standard?
He lacks substantial capacity either to appreciate the
criminality of his conduct or to conform his conduct to
the requirements of the law.
Who is associated with the GBMI verdict in relation to
Ronald Reagan?
John Hinckley
What has happened to the insanity defense in some
states?
It has been abolished in a couple of states.
What are requirements of self-defense?
-Imminent threat
-Proportionate response
- Duty to escape (castle doctrine)
-Clean hands
What is criminal procedure?
Rules that government must follow from criminal investigation through prosecution through sentencing.
What is one source of criminal procedure?
Federal constitution - Bill of Rights
Who was the Chief Justice of the United States from
1953 to 1969?
Earl Warren
. What amendment’s Due Process clause was primarily
involved in the expansion of criminal rights during the
Due Process Revolution?
14th Amendment
What was the trend in the judicial approach to criminal
rights after the Warren Court?
Retreat from Due Process Revolution
What does the Fourth Amendment protect against?
Unreasonable searches and seizures.
What is required for a warrant under the Fourth
Amendment?
Probable cause and specificity
What does ‘fruit of the poisonous tree’ refer to?
Evidence obtained from illegal searches or seizures.
What is the good faith exception?
A legal doctrine allowing evidence collected in violation of a person’s rights to be admitted if the law enforcement officer believed they were acting within the law.
What is a permissible circumstance for warrantless
searches?
Consent search
What is the term for a brief stop and questioning by
police without a warrant?
Stop-and-frisk (Terry stop)
What does the Fifth Amendment protect against?
Self-incrimination
What does the Sixth Amendment guarantee regarding
trials?
The right to a jury
What is the Sixth Amendment’s right concerning witnesses?
The right to confront witnesses
What does the Sixth Amendment provide for defendants who cannot afford an attorney?
The right to counsel for indigent defendants
