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Juri210 > Final exam > Flashcards

Final exam Flashcards

Crim Pro, Crim Law, IP Law

1
Q

Type of Defense

Alibi

A

Evidence that proves you dont have the “actus reus”

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2
Q

Type of Defense

Ignorance of Fact

A

negates mens rea, no intention of commiting guilty act

ignorance of the law is no excuse

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3
Q

Type of Defense

Duress

A

Fear of bodily injury caused you to commit a crime; this is an excuse

you still have both elements the state needs to convict you

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4
Q

Type of Defense

Entrapment

A

Commits the crime, but there is an intervening agent. You have been indicuded to commit a crime you wouldnt have committed otherwise

often pleaded but rarely succesful, jury does not buy it

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5
Q

Type of Defense

Self Defense

A

engaged in act out of fear for bodily harm

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6
Q

Constitutional defense

Vagueness

A

criminal laws must explicitly state what conduct is punishable

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7
Q

Constitutional Defense

Overbreadth

A

statute is applied too broadly

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8
Q

status defense

Infancy (minor)

A

certain crimes for which an individual cannot be punished due to their status. Depending on the severity of the crime, the individual can have their status changed

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9
Q

Status Defense

Insanity

A

the accused does not have the mens rea due to mental “incapacitation”; they weren’t aware of the severity of their actions

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10
Q

4th amendment 1791

A

Most litigated constitutional provision; prohibits agents of government from engaging in unreasonable search and seizure; personally sue the police officer

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11
Q

What is a search

A

A search violates a person’s reasonable expectation of privacy

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12
Q

Katz v. US

A

environment of telephone booth should be temporarily considered property because an individual has a reasonable expectation of privacy, therefore the police needed a warrant to tap the phone booth

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13
Q

Us v. White

A

Gov’t held that a person sharing criminal intent must accept the risk that comes with doing so (no expectation of privacy)

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14
Q

Us v. Jones

A

Police left GPS on accused’s car longer than what was specified in the warrant. The evidence obtained was inadmissable in court

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15
Q

General

Probable Cause

A

a reasonable likelihood that an illegal activity is occuring or has occured

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16
Q

For stops

Probable cause

A

an officer must have a particularized and objective basis for subjecting stopped to a search

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17
Q

MD v. Pringle

A

Stopped vehicle, ilicit substances can be seen through the window. Can everyone be searched? Yes

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18
Q

Arrest

in public

A

needs probable cause. a warrant is not necessary although it is advised

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19
Q

in home

arrest

A

needs warrant and probable cause

warrant is unnecessary is an extingent circumstance

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20
Q

Stop and Frisk

A

Must be reasonable and have probable cause. Police have the ability to pat down an arrested individual because their safety might be at risk

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21
Q

How do you know you have been arrested?

A

A reasonable person would not believe that they are free to leave

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22
Q

Exclusionary rule

A

to deter fishing expeditions or exceeding scope of warrants; prevents use of evidence gathered in violation of US constitution

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23
Q

Judicial Integrity

A

Government cannot use illegally obtained evidence in curt

24
Q

Weeks Vs. Us (1914)

A

judicial integrity was a federally applied concept

25
Q

Mapp v. Ohio

A

applied judicial integrity to the states via the incorporation doctrine

26
Q

Warrant exception

Consent

A

a person with reasonable authority to consent has voluntarily agreed to a search

27
Q

Warrant exception

Plain View

A

contraband is in plain sight, this eliminates any expecation of privacy

28
Q

Warrant exception

Incident to law arrest

A

search for evidence at the time the person is arrested

29
Q

Warrant exception

Inventory Search

A

exam of personal effects when arrested

30
Q

Warrent exception

extingent circumstances

A

instances in which there is no adequate time to obtain a warrant

31
Q

5th Amendment

A

Double jeopardy clause, cant be forced to testify against youself

32
Q

Miranda V. Arizona

A

suspects in custody must be given warning; custodial intterogation is inherently coercive
Right to remain silent
anuthing you sau can and will be used against you
right to counsel
right to state appointed counsel if you cannot afford

exclusionary rule applies if a suspect was not read their miranda rights

33
Q

Grand Jury

A

comprised of 23 people; prosecutor presents evidence and jury decides to issue an indictment

34
Q

Secret Proceedings intend to

A

reduce flight risk
protect wittness
avoid attempts to influence jury

35
Q

6th amendment

A

right to a speedy and public trial
notified who is testifying against you
right to an attorney

36
Q

Exculpatory evidence

A

evidence that can prove innocence; criminal defendants have the right to exculpatory evidence from state
State has no right to the accused’s evidence (right to remain silent)

37
Q

Stages of Criminal investigation

A

Police investigation
Charging Process (grand dury delivers indictment)
Bookings and arrest
Arraignment (charges are read to you)
Discovery

38
Q

Stages of trial

A

preliminary hearings
pretrial motion
trial
post trial motion
sentencing
punishment

39
Q

3 types of intellectual property

A

Copyright (federal power)
Patent (federal power)
Trademark (state and federal powers)

40
Q

What do copyrights protect

A

Original works perserved in a tangible form of expression; protects the mode and manner of ideas but not the ideas themselves

41
Q

Copyright duration

A

the life of the author + 70 yrs

42
Q

Is registration required for copyright?

A

No, however it is required to litigate copuright infringement claims

43
Q

Infringement (copyright)

A

suit filed when another violates copyright

44
Q

Derivative work

A

work derived from one or more original works; protected as to its original elements. Copyrighted material can only be used with the permission of original copyright holder

45
Q

Public Domain

A

Copyright has expired

46
Q

Licensing

A

Permission to copy someone’s work

47
Q

Access to work

A

individual must have reasonable opportunity to access another’s work (intent does not matter)

48
Q
A
48
Q

Substantial Similarity

A

elements of work must be substantially similar

49
Q

Damages

A

Injunction (order from court to stop copying)

50
Q

Defense for infringement

A

fair use- copyrighted material used for educational purposes, criticism, or parody

51
Q

Patents duration

A

lasts for 20 years

52
Q

What does a patent protect

A

“useful arts” meaning useful novel creations of materials or design

53
Q

What does a trademark protect?

A

elements that serve to identify the producer of a good or service

54
Q

what is the purpose of a trademark

A

to prevent confusion/counterfeiting of goods and services

Juri210 (12 decks)

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