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Law and American Society > Law Final > Flashcards

Law Final Flashcards

1
Q

the unlawful carnal knowledge of a woman by a man forcible compulsion and penetration- no matter how slight

A

rape

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2
Q

adults having sexual relations with children under the age of 18

A

statutory rape

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3
Q

a person commits a lewd act that the individual knows is likely to be observed by others who would be affronted or alarmed

A

open lewdness

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4
Q

a person enters a building or occupied structure with the intent to commit a crime unless the building is open to the public (commercial) or consent to be in the building (residential)

A

burglary

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5
Q

a person enters the land of another without permission or with no legal right to be there- no intent to commit a crime but present

A

criminal trespass

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6
Q

the taking and carrying away of property that belongs to another without the owner’s consent and with the intention of depriving the owner of the goods permanently

A

larceny

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7
Q

the taking and carrying away of property that belongs to another without the owner’s consent and with the intention of depriving the owner of the goods permanently with use of force or threat of force

A

robbery

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8
Q

a person intentionally obtains or disposes of property of another- knowing or should have known that it was stolen

A

receiving stolen property

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9
Q

a person uses the internet to sell property gained through unlawful means

A

electronic fencing

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10
Q

using the victim’s personal information to obtain financial advantage

A

identity theft

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11
Q

the planning of a crime- anyone who participated can be charged and held liable for the actions of other; requires an overt act

A

conspiracy

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12
Q

timely withdrawel

A

defense

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13
Q

illegal actions perpetrated in a business setting

A

white collar crime

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14
Q

crime to protect oneself or others

A

defense of self and others

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15
Q

fail to appreciate what they are doing is wrong or don’t know the difference from right and wrong

A

insanity

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16
Q

police entice a person to commit a crime that he or she has no precious inclination to perpetrate

A

entrapment

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17
Q

only for murder- can negate a specific mental state such as the specific intent to kill

A

extreme intoxication

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18
Q

freedom against self incrimination; due process

A

fifth amendment

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19
Q

can’t prosecute someone twice for the same offense (doesn’t apply to preliminary hearings, certain federal crimes, or state crimes based on same criminal conduct)

A

double jeopardy

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20
Q

traditionally used when the defendant is charged with a capital or infamous crime in federal or some state courts

A

grand jury

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21
Q

not used in many states- today used to investigate government corruption, organized crime, and criminal conspiracies

A

state court

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22
Q

questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his or her freedom of action in any significant way

A

custodial interrogation

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23
Q

the right to remain silent, the right to have a lawyer present, the right to bail, and the right to have an attorney supplied by the government, if you cannot afford one

A

Miranda Warnings (Miranda v. Arizona)

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24
Q

can’t testify against self- only applies to spoken words

A

fifth amendment

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25
Q

spoken word or a compelled written offered as proof of truth in court; statements that are made in court by witnesses and are offered as proof of the matter asserted or of what is being discussed

A

testimonial evidence

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26
Q

handwriting sample, lineup, exposing scar

A

non-testimonial evidence

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27
Q

not admissible in court

A

polygraph

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28
Q

prohibits unlawful search and seizure and requires all warrants be issued upon probable cause- expectation of privacy

A

fourth amendment

29
Q

needed when reasonable expectation of privacy

A

search warrant

30
Q

affidavit of probable cause to search- sworn before a magistrate stating probable cause and specifically what is to be searched and what is being looked for

A

legal standard of probable cause

31
Q

plain view, emergency, search incident, hot pursuit, consent, general to general police measure, stop and frisk (Terry search), motor vehicle code

A

exceptions to search warrant and probable cause

32
Q

prohibits the use of any fruits or an illegal search to be used by the gov. in court- including illegal car searches

A

exclusionary rule

33
Q

if the police have a reasonable and good faith belief that they were acting within the law pursuant to a search warrant, but a court determines that the warrant was defective, the illegally obtained evidence is admissible in court

A

good faith exception

34
Q

done within six hours of the arrest and is to inform the suspect of the charges, set bail, and set date for a preliminary hearing

A

preliminary arraignment

35
Q

will be kept and a warrant will be made out for your arrest if you don’t attend court dates

A

bail

36
Q

for a judge to decide if there is enough evidence to warrant the defendant proceeding to trial (within three months, defendant must plead not guilty at the arraignment)

A

preliminary hearing

37
Q

argument that certain evidence should be kept out of trial, certain persons can or cannot testify, or a case should be dismissed

A

pre-trial motions

38
Q

choosing a jury, opening statements, witness testimony and cross-examination, closing arguments, jury instruction, jury deliberation and verdict

A

phases of trial

39
Q

investigation into the history of defendant before sentence to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase harshness of the sentence

A

presentence report

40
Q

mandatory minimums, defendants can be enrolled in programs instead of being placed in jail in some cases, probation

A

sentencing

41
Q

does not know the difference between right and wrong- mental facility then released upon sanity

A

not guilty by reason of insanity

42
Q

understands right from wrong- prison sentence

A

guilty but insane

43
Q

prohibits punishment that is cruel and unusual and prohibits excessive bail

A

eighth amendment

44
Q

legislature’s attempt to take away the sentencing decision from the judge so everyone will be treated equally

A

mandatory sentencing

45
Q

16-23 people; replacement of preliminary hearing; no judge or defense lawyers; prosecution presents evidence to see if there is probable cause

A

grand jury

46
Q

charging document when grand jury has reached its decision

A

indictment

47
Q

abolished slavery in 1865

A

third amendment

48
Q

made all persons born or naturalized in the US citizens, determined each person would be counted as a whole person (not Native Americans), established the equal protection clause and due process, and prohibited state from paying debt based on loss or emancipation of any slave (1867), Constitution applicable to all states

A

fourteenth amendment

49
Q

gave the right to vote to all men regardless of race, color, or previous conditions of servitude (1870)

A

fifteenth amendment

50
Q

1865-1877

A

reconstruction era

51
Q

any African American born on American soil is a citizen; key is property ownership- not citizenship; not enforced until 1968 (granted newly freed black people right to sue, serve on juries, make contract, own and sell property

A

Civil Rights Act of 1866

52
Q

equal treatment in public accommodations, public transportation, and to prohibit exclusion from jury service; deemed unconstitutional by the Civil Rights Cases (1883); included Civil Rights Act of 1964

A

Civil Rights Act of 1875 (Enforcement Act/ Force Act)

53
Q

outlawed segregation in public accomodations and the workplace; created EEOC; landmark law

A

Civil Rights Act of 1964

54
Q

prohibited racial discrimination in voting

A

Civil Rights Act of 1965

55
Q

equal housing opportunites

A

Fair Housing Act of 1968 (Civil Rights Act of 1968)

56
Q

prohibited discrimination in employment for those with disabilities

A

American with Disabilities Act of 1990

57
Q

alien minors- conditional residency and citizenship

A

The Dream Act

58
Q

enforces federal laws that make it illegal to discriminate against a job applicant or employee based on race, color, religion, sex, national origin, age, disability, or genetic information; illegal to discriminate against a person because they complained about discrimination, filed a charge, or participated in an investigation; investigates charges; can file lawsuits to protect rights of individuals or interests of the public

A

Civil Rights Legislation

59
Q

laws that regulate interracial relationships including dating and marriage

A

miscegenation statutes

60
Q

landmark case; penalized for marrying someone of the opposite race; courts deemed unconstitutional due to the Equal Protection Clause

A

Loving v. Virginia

61
Q

attempts to achieve racial equality by recognizing that certain employers and educational facilities need to create affirmative goals so that the disadvantaged groups are placed upon a level playing field with other candidates during employment and admission decisions

A

affirmative action

62
Q

increased chance of admittance

A

legacy preference

63
Q

case: quotas are unconstitutional, but race is a legitimate factor to consider in admissions; two separate applications, one for minorities

A

Regents of the University of California v. Bakke

64
Q

case: admissions process required modifications because race was too heavily weighted; educational diversity is a compelling state interest and the law school had a balanced approach in considering many factors for admission

A

Gratz v. Bollinger & Grutter v. Bollinger

65
Q

Decision provided the legal authorization to maintain two separate societies within the United States
Plessy used a white coach instead of a coach designated for African Americans
Separate but equal doctrine

A

Plessy v. Ferguson

66
Q

Free black people and slaves were not citizens of the United States and that slaves were property under the law
Congress could not limit the spread of slavery in territories - slavery had potential to become national and not a sectional institution
Increased anti-slavery sentiment and was a major impetus for Lincoln to win presidency in 1860 (which led to secession and Civil War)

A

Dred Scott v. Sandford (1857)

67
Q

internment camps are legal- Japanese internment camps at the beginning of WWII

A

Korematsu v. US

68
Q

Non-segregated schools
Landmark case
Sense of inferiority affects the child’s ability to learn
Doctrine of separate but equal is overturned

A

Brown v. Board of Education

Law and American Society (1 decks)

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