lesson 3

Question 1

civil law

Answer 1

involves the rights and liabilities between private parties and sometimes between private parties and the government

Question 2

criminal law

Answer 2

involves a specific set of laws that make certain conduct or behavior an offense against the government

Question 3

civil law vs criminal law: remember….

Answer 3

money vs jail

Question 4

criminal law concepts

Answer 4

felonies and misdemeanors

Question 5

felony

Answer 5

a charge or offense that has a punishment that is one year or more and up to a fine of $250,000

Question 6

felony examples

Answer 6

• murder, rape, abduction, robbery, other crimes of violence
• economic crimes like grand larceny, forgery, uttering, embezzlement, fraud, etc.

Question 7

grand larceny

Answer 7

theft of one or more items valued at $1,000 or more

Question 8

forgery

Answer 8

writing false information on a check or other financial/legal document with the intent to commit fraud

Question 9

uttering

Answer 9

passing, giving, handing over a document (often forged) to another with the intent to defraud

Question 10

embezzlement

Answer 10

a form of larceny in which the offender has legal title to the stolen item

Question 11

misdemeanors

Answer 11

crimes that have a punishment from “no time”/probation to 12 months in jail

Question 12

in virginia, misdemeanors have a potential fine of up to

Answer 12

$2,500

Question 13

misdemeanors examples

Answer 13

shoplifting, petit larceny, simple assault, trespassing, computer harassment, brandishing a firearm, reckless driving

Question 14

assault

Answer 14

placing a person in the reasonable apprehension of an imminent battery

Question 15

battery

Answer 15

the offensive touching of another without their consent

Question 16

in criminal law, “just because you did it…”

Answer 16

doesn’t mean you are guilty

Question 17

burden of proof

Answer 17

involves which party is required to prove the case and provide the evidence

Question 18

in all criminal cases:

Answer 18

the state or the government has the burden of proof. criminal defendants may present defenses or do nothing

Question 19

levels of proof

Answer 19

• proof by a preponderance of the evidence (most civil cases)
• proof by clear and convincing evidence (some civil cases)
• proof beyond a reasonable doubt (all criminal cases)

Question 20

in criminal law, the crime charged must be

Answer 20

clear and definite

Question 21

crime must be clear

Answer 21

the conduct outlawed must be clear enough that ordinary citizens can understand it

Question 22

crime must be definite

Answer 22

the enforcement of the law must not be arbitrary or discriminatory

Question 23

voluntary act

Answer 23

defendant can not be convicted if they acted under duress

Question 24

entrapment

Answer 24

defendant can not be convicted if they were entrapped

Question 25

attempts

Answer 25

when the defendant fully intends to commit a particular crime, but fails to complete the offense. this is treated as a lesser included offense

Question 26

conspiracy

Answer 26

when two or more people agree to commit a crime and share the intent overt act required in some states

Question 27

searches and seizures conditions

Answer 27

- 4th amendment requires a warrant - warrant must be issued by a neutral person (judge) - warrant must be based on evidence given under oath - warrant must be based on probable cause - law enforcement officer must file an inventory with court

Question 28

probable cause

Answer 28

reasonable grounds to believe that the place to be searched contains evidence of a specific crime

Question 29

exceptions to the warrant requirement

Answer 29

plain view, emergencies/exigent circumstances, automobile exception, stop and frisk

Question 30

plain view

Answer 30

objects in plain view that are found by officers may be seized without a warrant under the theory that when evidence of the crime is open and obvious, there is no need to seek a warrant

Question 31

emergencies/exigent circumstances

Answer 31

there is no time to write out a warrant, go before a Judge, swear to the facts, wait for warrant to be issued, and then go serve it

Question 32

automobile exception

Answer 32

after a car is legally stopped, if they see evidence of a crime, they may search the vehicle. the theory is that the time taken to get a warrant may allow the evidence to be easily moved or hidden due to the mobile nature of automobiles

Question 33

stop and frisk

Answer 33

most controversial, an officer may do a pat down (external search) if they have reasonable articulable suspicion that a crime has been/is being committed

Question 34

terry v ohio

Answer 34

Police officer watched two men on street corner consistently walk down sidewalk and look into closed store. Officer believed they had been watching store in preparation of burglary, stopped men and asked for names. They refused, so he patted them down and found a gun, the man was arrested. terry argued the search was illegal, and the court ruled that the officer was legally allowed to do a stop and frisk.

Question 35

consent

Answer 35

if the individual that is searched gives their consent to be searched, the officer does not have to obtain a warrant

Question 36

exclusionary rule

Answer 36

if the search was illegal, the evidence may not be used (not in constitution)

Question 37

fruit of the poisonous tree

Answer 37

principal that evidence discovered as a product of illegally obtained evidence is also excluded from trial

Question 38

inevitable discovery

Answer 38

if there is illegally obtained evidence, followed by additional evidence discovered, the court may allow the additional evidence if they find that the evidence would have been inevitably discovered