Federal Criminal Law Flashcards
1
Q
3 types of territorial restrictions:
A
1) Exclusive jurisdiction
2) Concurrent jurisdiction
3) Proprietary jurisdiction
2
Q
Exclusive jurisdiction
A
- only govt. can prosecute crimes in this area
- ex: white house or Yellowstone national park
3
Q
Concurrent jurisdiction
A
- state and govt. have criminal jurisdiction over this area
- FLETC
4
Q
Proprietary jurisdiction
A
- no power is granted to the govt.
- govt. rents an office in an office building. state will prosecute crimes in that building.
5
Q
elements of a TORT:
A
- brought by the plaintiff
- liability determined
- preponderance of the evidence
- money or injunction
- plaintiff looks to be made whole
6
Q
Assimilative crimes act
A
- acts that violate state law
- must occur in exclusive or concurrent jurisdiction
- NO FEDERAL LAW available
7
Q
Circumstantial evidence
A
- proves main fact through inference
- most physical evidence
- the ground was wet
- most criminal cases are circumstantial cases.
8
Q
Elements of a criminal statute:
A
- criminal intent
- criminal act
- penalty