Intro to Law (MID TERM REVEW) Flashcards
Define Criminal Law
Criminal Law is a system of laws concerned with crimes and the punishments of individuals who commit a crime.
What are some reasons we punish crime?
Some reasons we punish crime is to create a law and order
What are Three Strikes Laws?
The three strike law is that after a crime you get a strike and after the third strike you get sentenced to prison, possibly for a certain amount of time or for life
Define Actus Reas
The guilty act
Define Mens Rea
The guilty mind
Define Corpus Delicti
the elements of a crime that must be proven beyond a reasonable doubt to secure a conviction. involves both Men’s Rea, and the Actus Rea.
What is a crime of omission?
When someone knows of the crime but does nothing to act upon it, sits idly and watches
What is a good samaritan law?
legal provision that protects individuals from legal liability when they voluntarily provide help to those who are injured or in danger.
Crimes against the person
Battery and Assault
Crimes against property
Burglary, robbery, and Embezzlement
Crimes against the government
treason
Principal
The main person who commits the crime
Accomplice
The one who helps the main person to commit the crime (Helper during a robbery)
Accessory before/after the fact
Assisting the preparation to commit the crime, normally before or after the crime is committed. (Driving the getaway car)
Felony
Going to jail for a long period of time(more than a year)
Misdemeanor
Going to jail for a less amount of time (less than a year)
First Degree Murder
Planned killing, and going through with it
Second Degree Murder
intentional killing but not with much planning
Voluntary Manslaughter
killing with intention but acting on strong emotions
Involuntary Manslaughter
unintentional killing that results from reckless or criminally negligent conduct.
Negligent homicide
Accidental cause of death because of not enough attention and care
Assault
is the threat or attempt to cause someone physical harm
Battery
involves the actual physical contact and harm.
Aggravated Assault:
Threatening with a weapon
Robbery
Stealing with a force of threats(face to face)
Burglary
Breaking in and entering
Larceny
Stealing of personal property
Embezzlement
Misusing money that was entrusted to you for personal gain
Fraud
Tricking someone for personal gain
Extortion
Obtaining valuable items through threats
Arson
Purposely setting a house on fire
Treason
Crimes against the whole country
What is the burden of proof in a criminal case?
The prosecution must prove that the defendant is guilty beyond a reasonable doubt
What is a necessity defense?
Breaking the law to prevent bigger harm
What is a duress defense?
Commiting a crime because you fear for your safety or your safety is endangered.
What is an entrapment defense?
Tricked by law enforcement to commit a crime.
What is a mistake of fact defense?
Claiming you didn’t know or understand what you were doing
What is self-defense?
Using force to protect yourself
What are the rules for deadly force?
Only using lethal force only when you are in bodily harm, or believe to be in danger
What is the insanity defense?
Saying you are mentally ill during the time of the crime
What is the M’Naghten rule?
A standard rule to test for insanity, didn’t understand the act or does not find it morally wrong.
What rights are included in the 1st amendment
Freedom of Speech, Freedom of Assembly, Freedom of Press, Freedom of Religion.
What is selective incorporation?
certain parts of the bill of rights apply to state governments, not just the federal government. This was necessary to ensure the people’s rights are protected consistently across the United states.
What rights are included with freedom of speech?
Freedom of speech includes the rights to say, write or express your thoughts and opinions without fear of government punishment, however there are limits to this rights like you can’t use speech to cause harm or violence to others
Are there any allowable limits on freedom of speech?
can’t use freedom of speech to encourage violence, make credible threats, spread false information about someone that can cause harm, engage in defamation or slander or use speech to incite illegal actions like rioting.
Do wars/emergencies change your rights to freedom of speech?
Only in times of emergencies the government can place restrictions on your freedom of speech, this is done to protect national security and public safety.
Does freedom of speech protect you from the government?
Mainly protects you from government interference, for instance the government can not arrest or punish you for expressing your opinions as long as you follow the rules( not inciting violence “fighting words”). .
is freedom of speech protected by private institution?
private institutions can limit your freedom of speech if it doesn’t align with their work morals
What does it mean to be “content-neutral?”
Meaning the rule or law does not care about the specific message of your speech it treats all speech equally no matter what you are saying.
Is hate speech protected under free speech?
Hate speech is protected under free speech, meaning people can express offensive or hateful views without facing legal consequences from the government. Although hate speech is legally protected by law it is not allowed everywhere. (like workplace)
Define “In Loco Parentis”:
Where an institution takes on the role of a parent when caring or supervising children or young people.
What are examples of symbolic speech?
-Peace signs
-Burning the Flag
-Wearing Symbols
-Artistic Expression
-Silent protest
What is “prior restraint” when it comes to speech? Is it allowed?
Government stopping you from expressing your views before you even get the chance to do so, similar to the government telling you that you can’t say or publish something you’ve said or put in writing
Are there different rules for freedom of speech when it comes to schools?
In schools your freedom of speech can be limited, because the focus of school is to maintain a safe and productive learning environment. Schools can restrict speech if it disrupts the school ideals.
What is the establishment clause?
Helps keep the government from establishing a religion. Helps keep separation between church and state, so everyone can practice their own religions and beliefs.
What is the free exercise clause?
the government cannot stop you from practicing your own religion, as long as your actions don’t break other laws.
What exceptions are there to free exercise?
Government can limit free exercise if it’s necessary for public safety and health, and may restrict certain rituals if they believe it is posing a threat to others’ safety.
What is the Lemon test?
The lemon test is a test the courts use to decide if government actions obey the rules about religion.
1.Is the purpose of the law about favoring or hurting any religion?
2. Does the law help or hurt religion?
3. No excessive entanglement between church and state.
Broad Interpretation
the establishment clause tends to emphasize a strict separation from religion and government, and cannot offer aid to any religious group because that would promote one’s religion
Narrow Interpretation
prohibits giving one religion better treatment than the other.
Liberal Interpretation
as long as the government does not create a new religion than it is allowed, the government may participate in christmas but cannot make it clear they’re promoting christianity.
What are the 2 tests the Court uses for the free exercise clause?
Strict Scrutiny equal protection clause that applies to race, religion, and national origin: must be narrowly tailored and must serve a compelling government interest.
What is the 14th amendment?
Equal treatment for everybody, states cannot take away basic rights from people or treat them unfairly, basically discrimination.
Why was the 14th amendment added to the Constitution?
Ensure one group is not discriminated against, and this amendment is to ensure that
What does disparate impact mean?
Unintentional discriminatory practice.
What is intermediate scrutiny? What groups does it apply to?
Intermediate Scrutiny is applied to gender,
What is a “rational basis”? What groups does it apply to?
Equal protection clause that tests that applies to all other rights (not gender or race).
Law
a law is a rule or set of rules created by a government or authority that people in a community are expected to follow. Laws are designed to maintain order, protect individuals and property, and ensure fairness and justice.
Definition of jurisprudence:
the study and theory of law.
Common law
common law is a system of laws based on past legal decisions and precedents set by judges in court cases. decisions from previous cases guide how similar situations should be handled in the future
Civil law
Civil law deals with personal conflicts where people seek fairness and compensation rather than punishment
Criminal Law
Criminal law deals with crimes against society, aiming to punish individuals who break the rules.
Statute
A statute is a written law created by lawmakers, like rules everyone agrees to follow.
Public Law
Public law sets the rules for how individuals interact with the government, ensuring fairness in public matters.
A Good Law Should Be
1.Clear: Everyone should understand it.
2. Fair: Treating everyone equally.
3. Consistent: Applied the same way every time.
4. Enforceable: Possible to make sure people follow it.
Marbury v. Madison
The power of Judicial Review
Gibbons v. Ogden
Interstate Commerce Clause (relationship between state and federal government)
McCollough v. Maryland
he Supremacy Clause (relationship between state and federal government)
Dred Scott v. Sandford
This case said that enslaved people couldn’t become free just by moving to a free state.
One of the worst legal decisions the Court ever made.
Judicial Review
It’s like judges making sure the government plays by the rules.
Majority Opinion
The most popular decision of the judges.
Dissenting Opinion
A judge’s written disagreement with the popular decision.
Concurring Opinion
A judge agrees with the decision but for different reasons.
Writ of Certiorari
A formal request to review a lower court’s decision
Originalism
Judges stick to the original meanings of the Constitution’s words.
Living Constitution
Judges think the Constitution can adapt to new times and ideas.
Textualism
Judges focus on the exact words of the laws
Precedent
Judges look at past decisions to help decide new cases.
Supremacy Clause
Federal laws are more important than state laws
Constitution
It’s like the rulebook for how the country is run.
Three Branches
executive, legislative, judicial) to make sure no one gets too powerful.
President’s Powers
-Commander in Chief of the armed forces
- Head of the Executive branch
- Granting pardons
- Negotiating treaties (with the approval of the Senate).
- Nominating ambassadors and judges/justices
- Recommending legislation
- Reviewing legislation and either signing it or vetoing it
- Chief diplomat.
- How can the power of the president be limited?
- Rejecting the legislative suggestions
- Congress strongly asserting their own power
- Not approving treaties
- Not approving ambassadors or judges/justices
- Not funding parts of the President’s programs
- Impeachment.
9th/10th Amendment
despite rights not written in the document this does not mean you still do not have the right.
Interpret Laws
Like referees, judges decide what the rules (laws) mean.
Decide Conflicts
Judges help solve arguments and conflicts
Check Other Branches
Judges make sure the government plays by the rules.
District Courts
Lowest Level (Bottom)
Courts of Appeals
(Middle) can appeal your case to go to the supreme court
Supreme Court
the highest court system (Top)
Precedent
Past Cases
Clarence Thomas
Nominated by: George H.W. Bush (1991) and is a conservative
Brett Kavanaugh
Nominated by: Donald Trump (2018), and is a conservative
Sonia Sotomayor
Nominated by: Barack Obama (2009), and is a liberal
John Roberts (Chief Justice)
Nominated by: George W. Bush (2005), and is a conservative
Elena Kagan
Nominated by: Barack Obama (2010), and is a liberal
Amy Coney Barrett
Nominated by: Donald Trump (2020), and is a conservative
Samuel Alito
Nominated by: George W. Bush (2006), and is a conservative
Neil Gorsuch
Nominated by: Donald Trump (2017), and is a conservative
Ketanji Brown Jackson
Nominated by: Joe Biden (2022), and is a liberal
