Quiz 1

Question 1

common law

Answer 1

law created by judicial opinion. historically, law from americas colonial an english past, which has set precedents that are still sometimes followed today

Question 2

statutory law

Answer 2

law created through state and federal legistures

Question 3

tort

Answer 3

a civil violation; the civil law’s equivalent of a crime.

Question 4

actus reus; mens rea

Answer 4

a willful unlawful act; a guilty mind, or intent.

Question 5

jurisdiction

Answer 5

the power or authority of a court to act with respect to any case before it.

Question 6

probable cause

Answer 6

evidence that there is a fair probability that the suspect committed a crime; required for an arrest of a suspect by a law enforcement officer.

Question 7

bail

Answer 7

a deposit of cash, other property, or a bond, guaranteeing the accused will appear in court.

Question 8

bond

Answer 8

a written promise to pay the bail sum, posted by a financially responsible person,usually a professional bail bond agent.

Question 9

arraignment and plea

Answer 9

the defendant’s appearance to respond formally to the charges

Question 10

due process

Answer 10

the multiple criminal procedures and processes that that must be followed before a person can be legally deprived of his or her life, liberty, or property

Question 11

substantive criminal law

Answer 11

the law defining acts that are criminal

Question 12

first amendment rights

Answer 12

free speech, free exercise of religion, freedom of assembly

Question 13

second amendment rights

Answer 13

the right to bear arms

Question 14

fourth amendment right

Answer 14

freedom from unreasonable searches and seizures

Question 15

fifth amendment rights

Answer 15

due process protection, protects against double jeopardy and self-incrimination, and requires grand jury indictment in federal cases

Question 16

sixth amendment rights

Answer 16

establishes right to counsel, the right to trial by an impartial jury, the right to speedy and public trial, the right to confront opposing witnesses, the right to compel the attendance of witnesses favorable to the defendant, and the right to notice of the nature and cause of the accusation

Question 17

eighth amendment rights

Answer 17

prohibits the infliction of “cruel and unusual punishment”

Question 18

proportionality

Answer 18

the punishment should fit the crime

Question 19

fourteenth amendment

Answer 19

provides for due process and equal protection under the law

Question 20

felony

Answer 20

a serious crime that is usually punishable by imprisonment for more than one year or by death

Question 21

Misdemeanors

Answer 21

a crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement in a jail for less than one year

Question 22

petty offenses

Answer 22

a minor or insignificant crime, also known as a violation or infraction

Question 23

omissions

Answer 23

narrowly defined circumstances in which a failure to act is viewed as a criminal act.

Question 24

motive

Answer 24

the emotion that prompts a person to act. it is not an element of a crime that is required to prove criminal liability, but it is often shown in order to identify the perpetrator of a crime or explain his or her reason for acting

Question 25

specific intent

Answer 25

the intention to commit an act for the purpose of doing some additional future act, to achieve some further consequences, or with the awareness of a statutory attendant circumstance

Question 26

transferred intent

Answer 26

a doctrine that holds a person criminally liable even when the consequence of his or her action is not what the actor actually intended

Question 27

knowingly causes a result

Answer 27

commits an act in the awareness that one’s conduct will almost certainly cause this result

Question 28

recklessly

Answer 28

acting in a manner that voluntarily ignores a substantial and unjustified risk that a certain circumstance exists or will result from one’s actions

Question 29

negligently

Answer 29

acting in a matter that ignores a substantial and unjustified risk of which one should have been aware