Final Exam Flashcards
The study of criminal law is a study of crime, moral principles and common law
True
Law that defines crimes and specifies punishments is referred to as?
Substantive Criminal Law
A person accused of committing a civil wrong is referred to as a? (one word, spelling counts)
Tortfeasor
Acts that are regarded, by convention and tradition, as wrong in themselves are known as?
Mala in Se
According to the text, violating someone’s personal space is an example of?
A norm
According to the Natural Law video: Life, Reproduction, Educating One’s Offspring, Seek God, Live in Society, Avoid Offense & Shun Ignorance refers to?
The Basic Goods
The subject matter or geographical area that the authority of a government entity covers, in particular a court of law, is referred to as? (one word, spelling counts)
Jurisdiction
A crime punishable by a year or more of incarceration or death is a?
Felony
The two general areas of legal jurisdiction are state and federal.
True
Due process clauses are found in?
5th & 14th amendments
The following are three aspects of?
- To block government from punishing an individual for an action that was lawful when performed.
- To compel the government to give advance notice of what conduct it considers to be criminal. (Ex Post Facto laws)
- To prohibit bills of attainder.
Legality
The term associated with jurisdiction that refers to the geographic location of where a trial should be held is? (one word, spelling counts)
Venue
Based on the video in Chapter 3 on Equal Protection, when a government action concerns a protected class, which of the following is NOT part of the five step process of strict scrutiny?
Lack of standing
The following restrictions relate to which protection found in the Bill of Rights?
- A person accused of a crime is protected from prosecution for the same crime after they have been acquitted.
- A person accused of a crime is protected from prosecution for the same crime after they have been convicted.
- A person accused of a crime is protected from multiple punishments for the same crime.
Double jeopardy
Match the amendment in the Bill of Rights to its basic subject matter
2nd amendment – right to bear arms
1st amendment – right to free speech
4th amendment – right against unreasonable search and seizures
8th amendment – right against cruel and unusual punishment
5th amendment – right against self incrimination
The two major restrictions against substantive criminal law are the Due Process Clause and the 8th Amendment prohibition against cruel and unusual punishment
True
The power of the court to exercise its authority over subject matter or a person is referred to as?
Jurisdiction
Employers being held responsible for the actions of their employees is referred to as?
Vicarious liability
Which of the following is NOT one of the four mental states discussed in Chapter 2?
Caused intent
In order for an action to be considered criminal, the act itself and the required mental state must occur at the same time, this is referred to as?
Concurrence
In the products liability video in Chapter 2, the first example involved a?
Hoverboard
What drives / compels someone to intend to do something is referred to as? (one word, spelling counts)
Motive
A legal term that refers to the level of knowledge required to hold a person criminally liable for his or her physical acts is? (one word, spelling counts)
Scienter
The Latin term that means the specific mental state of the defendant at the time of the crime is?
Mens rea