Federal Criminal Law Flashcards

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1
Q

3 types of territorial restrictions:

A

1) Exclusive jurisdiction
2) Concurrent jurisdiction
3) Proprietary jurisdiction

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2
Q

Exclusive jurisdiction

A
  • only govt. can prosecute crimes in this area

- ex: white house or Yellowstone national park

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3
Q

Concurrent jurisdiction

A
  • state and govt. have criminal jurisdiction over this area

- FLETC

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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.

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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
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6
Q

Assimilative crimes act

A
  • acts that violate state law
  • must occur in exclusive or concurrent jurisdiction
  • NO FEDERAL LAW available
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7
Q

Circumstantial evidence

A
  • proves main fact through inference
  • most physical evidence
  • the ground was wet
  • most criminal cases are circumstantial cases.
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8
Q

Elements of a criminal statute:

A
  • criminal intent
  • criminal act
  • penalty
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