M4 Study Guide

Question 1

A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior is defined as

Answer 1

Law

Question 2

Written or codified law; the “law on the books,” as enacted by a government body or agency having the power to make laws is defined as what type of law?

Answer 2

Statutory Law

Question 3

The written, organized, and compiled form of the criminal laws of a jurisdiction is defined as

Answer 3

Penal Code

Question 4

The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serves as a guide to decision making, especially in the courts is defined as

Answer 4

Case Law

Question 5

Law originating from usage and custom rather than from written statutes. The term refers to an unwritten body of judicial opinion, originally developed by English courts, that is based on nonstatutory customs, traditions, and precedents that help guide judicial decision making. This type of law is defined as?

Answer 5

Common Law

Question 6

The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members is commonly known as

Answer 6

Rule of Law

Question 7

The philosophy of law. Also, the science and study of the law is defined as

Answer 7

Jurisprudence

Question 8

What are the 6 general categories of criminal law violations?

Answer 8

Misdemeanors
Felonies
Infractions/Offense
Treason
Espionage
Inchoate Offense

Question 9

A criminal offense punishable by death or by incarceration in a prison facility for at least one year is defined as

Answer 9

Felony

Question 10

A violation of the criminal law. Also in some jurisdictions, a minor crime, such as jaywalking that is sometimes described as ticket able are called

Answer 10

Infractions/Offenses

Question 11

A US citizen’s actions to help a foreign government overthrow , make war against, or seriously injure the United States. Also can be described as the attempt to overthrow the government of the society of which one is a member is defined as

Answer 11

Treason

Question 12

An offense not yet completed. Also an offense that consists of an action or conduct that is a step toward the intended commission of another offense is defined as

Answer 12

Inchoate Offense

Question 13

An offense punishable by incarceration, usually in a local confinement facility, for a period whose upper limit is prescribed by statue in a given jurisdiction, typically one year or less is defined as

Answer 13

Misdemeanor

Question 14

The gathering, transmitting, or losing of information related to the national defense in such a manner that the information becomes available to enemies of the United States and may be used to their advantage is defined as

Answer 14

Espionage

Question 15

Which type of law is defined as the body of the rules and regulations that define and specify the nature of a punishments for offenses of a public nature or for wrongs committed against the state or society? can also be known as Penal Law

Answer 15

Criminal Law

Question 16

What are the two types of statutory law?

Answer 16

Substantive Criminal Law
Procedural

Question 17

What type of law describes what constitutes particular crimes and specifies the appropriate punishment for the offense

Answer 17

Substantive Criminal Law

Question 18

What type of law is a body of rules that determines the proceedings by which legal rights are enforced. These laws regulate the gathering of evidence and the processing of offenders by the criminal justice system?

Answer 18

Procedural Law

Question 19

The branch of modern law that governs relationships b/w parties is known as

Answer 19

Civil Law

Question 20

A wrongful act, damage, or injury not involving abreach of contract. Also, a private or civil wrong or injury is defined as a

Answer 20

Tort

Question 21

A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases is defined as a

Answer 21

Precedent

Question 22

A legal principle requiring that, in subsequent cases on similar issues of law and fact, courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them.
The term literally means “standing by decided matters.” This principle is commonly known as

Answer 22

Stare Decisis

Question 23

What are the two most serious felonies?

Answer 23

Treason and Espionage

Question 24

The state of mind or attitude with which an act is carried out. Also, the design, resolve, or determination with which a person acts to achieve a certain result is defined as

Answer 24

Intent

Question 25

An act in violation of the law or a “guilty” act is defined as

Answer 25

Actus Reus

Question 26

The state of mind that accompanies a criminal act is defined as

Answer 26

Mens rea

Question 27

A person’s reason for committing a crime is defined as

Answer 27

Motive

Question 28

The coexistence of an act in violation of the law and a culpable mental state is defined as

Answer 28

Concurrence

Question 29

What term refers to the fact that the concurrence of a guilty mind and a criminal act may cause harm

Answer 29

Causation

Question 30

A legally recognizable cause. That must be demonstrated in court in order to hold an individual criminally liable for causing harm. Is defined as

Answer 30

Legal Cause

Question 31

What word is latin for “after the fact.” and explains the Constitution prohibits the enactment of ex post facto laws, which make acts committed before the laws in question were passed punishable as crimes.

Answer 31

ex post facto

Question 32

The facts that show a crime has occurred. The term literally means “the body of the crime” What term is described?

Answer 32

Corpus delicti

Question 33

A defense that claims that the defendant was in some significant way discriminated against in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged is defined as

Answer 33

Procedural Defenses

Question 34

In some jurisdictions, a rule of law that holds that a person can defend a third party only under circumstances and only to the degree that the third party could legally act on his or her own behalf is defined as which rule

Answer 34

Alter Ego Rule

Question 35

A legal defense based on claims of mental illness or mental incapacity is defined as

Answer 35

Insanity Defense

Question 36

A rule for determining insanity, which asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong is defined as

Answer 36

M’Naghten Rule

Question 37

(GBMI) A verdict, equivalent to a finding of “guilty,” that establishes that the defendant, although mentally ill, was in sufficient possession of his or her faculties to be morally blameworthy for his or her acts is known as which concept?

Answer 37

Guilty but mentally ill (GBMI)

Question 38

In criminal proceedings, a finding by a court that, as a result of mental illness, defect, or disability, a defendant is incapable of understanding the nature of the charges and proceedings against him or her, of consulting with an attorney, and of aiding in his or her own defense. This finding is known as

Answer 38

incompetent to stand trial