Notes From Study Group Flashcards
Actus Reus
Wrongful conduct
To present one’s side in a legal dispute without government obstruction
Due process
Mens rea
State of mind of the actor/intent
What is not an essential part of a crime?
Motive
Mala in se
A crime that is inherently wrong such as murder or rape
Mala prohibitia
Wrong by statute such as failure to pay taxes, speeding
Implies a complete disregard for the rights and safety of others resulting in harm. is also a state of mind
Recklessness
Did the accused use the same amount of care that a reasonable, prudent person exercising ordinary caution would have used under the same circumstances?
The reasonable person test
A violation of law occurs in good faith with believe certain facts existed, which would make the act innocent if the facts did exist
Mistake of fact
Reasonable to believe that a crime has been committed by arrestee
Probable cause
Excludes evidence obtained by methods in violation of the Constitution
Exclusionary rule
Evidence obtained through an unreasonable search is inadmissible
Fruit of the poisonous tree
When is it permissible to search employee lockers or desks?
When employees are not allowed to use private locks or their own keys
When a person fully acknowledges guilt of a crime
Confession
Acknowledgment of facts, but does not constitute a full acknowledgment of guilt
Admission
The Miranda rights basically advise arrestees of what two constitutional amendments?
The fifth and sixth
What is the Fifth Amendment
The rights remain silent
What is the sixth amendment
The right to an attorney
Assures the appearance of the accused, must be reasonable, can be denied initially
Bail
Came from England; determine probable cause; prosecutor issues indictments
Grand jury
How many people are on a grand jury?
23
Subpoena Duces Tecumseh
A writ to produce documents to a court
How many people are on a Petit jury?
12
A writ Directing the recipient to appear and testify
Subpoena
What court is used when there is a preponderance of the evidence?
Civil court
Duces
Document
The unlawful taking of property with the intent of permanent deprivation
Larceny
Unlawful entry or remaining within a defined building were actual or constructive notice given in order to commit a crime
Burglary
Unlawful taking of property by force or threat of force
Robbery
Knowingly drawing a check on an account with insufficient funds
Uttering
Declared intentions of contract in writing
Express contract
One inferred by law-verbal contract
Implied contract
One who has committed a wrongful civil act
Tort feasor
Measure of negligence by a reasonable person
Standard of reasonableness
One person acts on behalf of another, express appointment, ratification of action; allowing one with apparent authority to act
Agency relationship
Employer responsible for actions or non-actions of employee while employee is acting on behalf of employer
Respondent superior
Element of proximate cause
Foreseeability
What are the two elements of foreseeability?
- Prior similar incident
2. Totality of circumstances
This remedy prohibits continuing a wrongful act
Injunction
This remedy is actual or measurable damages such as medical bills or property loss
Special or compensatory damages
This remedy is not measurable such as pain, suffering, loss of ability to perform, companionship
General damages
This remedy is to personally punish the defendant for outrageous behavior
Punitive damages
This remedy is by statute such as stealing of cable services
Statutory damages
The first 10 amendments to the Constitution
The Bill of Rights
Searches and seizures; warrants to be supported by probable cause
Fourth amendment
Self-incrimination; double jeopardy; due process
Fifth Amendment
Speedy trial; aware of charges; confront witnesses; has the counsel
Sixth amendment
Provides right to Trial by jury
Seventh amendment
Prohibits excessive bail and fines; cruel or unusual punishment
Eighth amendment
Gregory V. Litton 1972
Denial of employment only on convictions, not arrest
National Labor Relations Act (Wagner Act 1935)
Prohibits questions about union membership or affiliations
Campus Security Act 1990 (CLEARY)
Requires colleges/universities to disclose crime incident data
OSHA citation: Expected to cause death or serious harm immediately
Imminent danger
OSHA citation: Could cause death and employer was aware
Serious violation
OSHA citation: Likely to cause injury employer was not aware
Non-serious violation
OSHA citation: No direct relationship to safety or health
De minimis violation
OSHA citation: Knowing/intentional violation; aware of hazards; or no attempt to correct
Willful violation
OSHA citation: Second or subsequent violation of same standard
Repeated violation
Implementing safeguards against accounting errors and/or fraudulent management practice
Sarbanes-Oxley Act 2002
Federal emergency management agency FEMA
Department of Homeland Security
Federal law enforcement training Center
Department of Homeland Security
Transportation security administration
Department of Homeland Security
US customs and border protection
Department of Homeland Security
US immigration and customs enforcement
Department of Homeland Security
US Secret Service
Department of Homeland Security
Antitrust division
Department of Justice
Bureau of alcohol, tobacco, firearms and explosives
Department of Justice
Civil rights division
Department of Justice
Criminal division
Department of Justice
Drug Enforcement Administration
Department of Justice
Federal Bureau of investigation
Department of Justice
INTERPOL - United States national Central Bureau
Department of Justice
National crime information Center
Department of Justice
Office of the Atty. Gen.
Department of Justice
United States marshals
Department of Justice
Federal aviation administration
Department of Transportation (FHA)
Federal Highway administration
Department of Transportation (FHA)
Federal transit administration
Department of Transportation (FHA)
National Highway traffic safety administration
Department of Transportation (FHA)
An offense punishable by imprisonment for term exceeding one year
Felony
Offense punishable by imprisonment for less than one year
Misdemeanor
OSHA regulations imply to organizations with how many employees?
11 or more
