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Law 100 > Midterm > Flashcards

Midterm Flashcards

1
Q

Primogeniture

A

System of inheritance where property goes to the first born child

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2
Q

stare decisis

A

Obligation of a judge to stand by prior precedent

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3
Q

corpus delicti

A

5 elements of criminal liability
each must be established beyond a reasonable doubt

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4
Q

corpus juris civilis

A

Code of Justinian
Complete collection of civil laws of a specific jurisdiction or court

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5
Q

actus reus

A

guilty act
1. voluntary bodily movements
2. omission when there is a duty to act
3. possession

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6
Q

mens rea

A

criminal intent, mental purpose or desire to commit the act

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7
Q

mala in se

A

Crimes considered wrong universally
Natural crimes
inherently harmful

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8
Q

mala prohibita

A

Manmade crimes
Crimes because they have been defined as such

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9
Q

Marbury v Madison

A

Judicial review
The courts could declare legislature and executive actions unconstitutional

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10
Q

Mapp v Ohio

A

The exclusionary rule is applied to the states (evidence gathered during unlawful search/seizure must be excluded from trial)

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11
Q

Miranda v Arizona

A

Suspects must be informed of their right to counsel and right to remain silent before interrogation or evidence cannot be used

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12
Q

Nardone v US

A

Fruit of the poisonous tree
Any evidence gathered from illegal procedures (or because of them) must be excluded

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13
Q

M’Naghten Rule

A

First and most common insanity test

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14
Q

Durham Rule

A

When an act was caused by a person’s mental illness

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15
Q

Law (5)

A
  1. A written body of general rules of conduct
  2. Applied to all members of a specific community
  3. Emanating from a governing authority
  4. Enforced by its agents by penalties and punishment for not complying
  5. Outlines structure of the government
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16
Q

Bulger Case & ECHR:T and V v UK

A

Two 10 year-olds killed a toddler and were tried as adults. The case was then taken to the ECHR

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17
Q

Positive Law

A

laws that arise from the norms and customs of a given culture

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18
Q

Natural Law

A

moral standards, law as it “ought to be”

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19
Q

John Locke

A

Our minds and personalities are like blank slates
We learn how to behave from our past experiences

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20
Q

Due Process Model

A

Obstacle course, impediments to moving the case forward are encountered along the way and must be dealt with, evidence must be provided to show guilt
concerned with individual privacy

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21
Q

Crime Control Model

A

Assembly line, swift and efficient processing of cases, informal and uniform, evidence must be provided to show innocence
concerned with reducing crime

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22
Q

Magna Carta

A

1215
Written by English barons to limit the power of the king and ascertain certain rights (right to fair trial)

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23
Q

Natural Rights

A

John Locke
People are born with rights to life, liberty and property

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24
Q

Cyrus the Great

A

Persian King - Conquered Babylon
Charter of Cyrus - wrote the first human rights

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25
Human Rights
Intrinsic, universal rights dependent only on the fact that one is human no on another party or promise Award freedom and equality and maintain human dignity
26
UN and Charter of the UN
1945 - UN established Fundamental objective of the UN is to prevent war and reaffirm faith in fundamental human rights and the dignity, equality and worth of humans
27
Universal Declaration of Human Rights
Drawn up by the UN in1948 30 principles
28
International Bill of Rights
1976 - 3 parts 2 covenants - ICCPR & ICESCR UDHR
29
ICCPR
International Covenant on Civil and Political Rights (1966)
30
ICESCR
International Covenant on Economic, Social and Cultural Rights (1966)
31
Council of Europe
1949 Monitors human rights in the EU
32
4th Ammendment
protection from unreasonable search and seizure
33
5th Ammendment
right to life, liberty, property no double jeopardy no self-incrimination
34
6th Ammendment
speedy trial public trial jury of peers
35
Article 6 (ECHR)
right to fair trial
36
Public Law
criminal, international, constitutional, administrative, human rights
37
Private Law
family, civil, private, environmental, financial, estate
38
Civil law
protects rights owed to others by others maintain social stability private law managing transactions between private entities
39
Tort (3)
negligent act intentional act strict liability
40
proximate cause
closest to the action that is legally responsible reasonable foreseeability
41
Defenses to liability (4)
immunity consent contributory negligence (plaintiff is also responsible) comparative negligence (split responsibility - %)
42
Substantive law
law of crimes
43
Procedural law
rules a state must follow when investigating and prosecuting crimes
44
Civil Law System
main branches of law are written in codes supplemented by statutes reasoning from these general principles
45
Common Law
no written codes besides constitution based on precedent (judges decisions) case-by-case
46
Criminal Act (5)
1. an act 2. in violation of a criminal law 3. for which a punishment is prescribed 4. act committed with intent 5. with no legally acceptable defense/justification
47
substantive due process
limits to what the law can declare as criminal; cannot infringe on substantive rights
48
Criminal liability
corpus delicti 1. actus reus - criminal act 2. mens rea - criminal intent 3. concurrence (of criminal intent & act) 4. causation - the criminal act is what caused said harm 5. harm
49
model penal code
sets four levels of intent: purposeful, knowing, reckless, negligent
50
vicarious liability
liability is attributed to someone else (parent or supervisor)
51
inchoate crimes
crimes that occur in preparation for an offense
52
reasonable expectation to privacy (2)
person must have a subjective assumption to privacy in the given circumstance and this must be objectively agreed upon by society
53
silver platter doctrine
preceded fruits of the poisonous tree - bad fruits were allowed into evidence
54
civil law categories
tort property contract family juvenille
55
preponderance of evidence
more than likely
56
categories of tort law
intentional acts negligent acts strict liability
57
property
the right of possession or ownership
58
uniform commercial code UCC
standardizes trade and contract practices among merchants and businesses
59
administrative law
run by government administrations (ministries) specific - expertise make, enforce and adjudicate "shadow government"
60
administrative procedural act APA
congress passed regulations for ministries for how they can propose, create and adjudicate their regulations
61
moral hazard
taking an unnecessary risk when the harm that could result will not be borne by the risk-taker
62
environmental law categories
civil cleanup criminal
63
main law traditions
civil law common law Islamic law socialist law
64
5 features of common law
1. unwritten nature 2. respect for precedent 3. adversarial procedure (court is a debate to win) 4. grand and petite juries 5. uses judicial review
65
5 features of civil law
1. written 2. no use of precedent 3. inquisitorial procedure - extensive investigation, interviews and interrogation; avoidance of innocents being put to trial 4. little use of juries 5. little judicial review - they look at proposed legislation rarely legislation that is already in effect
66
rule of law (3)
1. recognition that there are fundamental principles and values of human dignity and value 2. values and principles are formalized in writing in revered documents 3. substantive laws and procedures are implemented to hold the state and its agents to those fundamental values and principles

Law 100 (1 decks)

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