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Law 100 > Midterm > Flashcards

Midterm Flashcards

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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
Q

Human Rights

A

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

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26
Q

UN and Charter of the UN

A

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

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27
Q

Universal Declaration of Human Rights

A

Drawn up by the UN in1948
30 principles

28
Q

International Bill of Rights

A

1976 - 3 parts
2 covenants - ICCPR & ICESCR
UDHR

29
Q

ICCPR

A

International Covenant on Civil and Political Rights (1966)

30
Q

ICESCR

A

International Covenant on Economic, Social and Cultural Rights (1966)

31
Q

Council of Europe

A

1949
Monitors human rights in the EU

32
Q

4th Ammendment

A

protection from unreasonable search and seizure

33
Q

5th Ammendment

A

right to life, liberty, property
no double jeopardy
no self-incrimination

34
Q

6th Ammendment

A

speedy trial
public trial
jury of peers

35
Q

Article 6 (ECHR)

A

right to fair trial

36
Q

Public Law

A

criminal, international, constitutional, administrative, human rights

37
Q

Private Law

A

family, civil, private, environmental, financial, estate

38
Q

Civil law

A

protects rights owed to others by others
maintain social stability
private law managing transactions between private entities

39
Q

Tort (3)

A

negligent act
intentional act
strict liability

40
Q

proximate cause

A

closest to the action that is legally responsible
reasonable foreseeability

41
Q

Defenses to liability (4)

A

immunity
consent
contributory negligence (plaintiff is also responsible)
comparative negligence (split responsibility - %)

42
Q

Substantive law

A

law of crimes

43
Q

Procedural law

A

rules a state must follow when investigating and prosecuting crimes

44
Q

Civil Law System

A

main branches of law are written in codes supplemented by statutes
reasoning from these general principles

45
Q

Common Law

A

no written codes besides constitution
based on precedent (judges decisions)
case-by-case

46
Q

Criminal Act (5)

A
  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
Q

substantive due process

A

limits to what the law can declare as criminal; cannot infringe on substantive rights

48
Q

Criminal liability

A

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
Q

model penal code

A

sets four levels of intent: purposeful, knowing, reckless, negligent

50
Q

vicarious liability

A

liability is attributed to someone else (parent or supervisor)

51
Q

inchoate crimes

A

crimes that occur in preparation for an offense

52
Q

reasonable expectation to privacy (2)

A

person must have a subjective assumption to privacy in the given circumstance and
this must be objectively agreed upon by society

53
Q

silver platter doctrine

A

preceded fruits of the poisonous tree - bad fruits were allowed into evidence

54
Q

civil law categories

A

tort
property
contract
family
juvenille

55
Q

preponderance of evidence

A

more than likely

56
Q

categories of tort law

A

intentional acts
negligent acts
strict liability

57
Q

property

A

the right of possession or ownership

58
Q

uniform commercial code UCC

A

standardizes trade and contract practices among merchants and businesses

59
Q

administrative law

A

run by government administrations (ministries)
specific - expertise
make, enforce and adjudicate
“shadow government”

60
Q

administrative procedural act APA

A

congress passed regulations for ministries for how they can propose, create and adjudicate their regulations

61
Q

moral hazard

A

taking an unnecessary risk when the harm that could result will not be borne by the risk-taker

62
Q

environmental law categories

A

civil
cleanup
criminal

63
Q

main law traditions

A

civil law
common law
Islamic law
socialist law

64
Q

5 features of common law

A
  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
Q

5 features of civil law

A
  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
Q

rule of law (3)

A
  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

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