Quiz 1- Final Review Flashcards
The study of criminal law is the study of crimes, morals, principles and common law-true or false?
True
An unwritten, but generally known rule that governs serious violations of the social code is known as:
more
“an act prohibited or an omission required by law” is our definition of:
a crime
Law that is legitimately created and enforced by governments is known as:
positive law
An individual, business or other legally recognized entity that commits a tort is known as a tortfeaser: true/false
true
Criminal law that define crimes and specific punishments is known as:
substantiative law
A serious crime that is generally punishable by death or incarceration for more than one year is known as:
felony
Acts that are regarded, by tradition and convention, as in wrong in themselves are known as:
mala in se
The latin term that means to stand by what has been decided or let the decision stand is:
stare decisis
The four crime classifications, modern style, discussed in class were: property crimes, personal crimes, public order offenses and moral offenses: true/false
True
The geographic district or subject matter over which the authority of a government body, especially a court, extends is known as:
jurisdiction
There are 3 essential elements/ aspects of a crime: a criminal act, a culpable mental state and a concurrence of the 2.
True
Actus reus means:
guilty act
Mens rea means:
guilty mind
The degree of blameworthiness assigned to a defendant by a criminal court and the concomitant extent to which the defendant is subject to penalties by the criminal law is called:
criminal liability
The Bill Of Rights refer o the first 10 amendments to the US. Constitution, which were made part of the Constitution in 1791: true/false
true
The Executive Branch makes the law: true/false
false
The Judicial Branch enforces the law: true/ false
False
A person who happens to be a drug user can be arrested for being a drug user: true/false
false
Possession with awareness of what one possesses is known as:
knowing possession
Possession in which one has direct control over the object or objects in question is:
actual possession
The ability to exercise control over property or objects, even though they are not in one’s physical custody is known as:
constructive possession
Possession in which one may or may not be aware of what he or she possesses is:
mere possession
The 2 forms of mens rea are general and specific intent: true/false
True
The four states of mind discussed in class were:
purposeful, knowing, reckless, negligent
The Executive Branch interprets the law: true/ false
false
The insanity defense is an actus reus defense: true/false
False
Corpus delecti translates to “the body of a crime”: true/false
true
There are 3 components to corpus delecti: 1- a certain result has been produced, 2. a person is responsible for it and 3. the required motive is present: true/false
false
An actual link between an actors conduct and a result is known as:
causation in fact
A legally recognizable cause: the type of cause that is required to be demonstrated in court in order to hold and individual criminally liable for causing harm is known as:
legal cause
The primary or moving cause that plays a substantial part in bringing about injury or damage that may be the first cause that sets in motion a string of events whose ultimate outcome is reasonably foreseeable is known as proximate cause: true/false
true
Necessary attendant circumstances refer to the facts surrounding an event and includes things such as time and place: true/false
true
Loss, disadvantage or injury or anything so regarded by the person affected, including loss, disadvantage or injury to any other person in whose welfare he or she is interested is known as:
harm
The fact that behavior cannot be criminal if no law exists that both defines it as illegal and prescribes a punishment for it is known as the principle of:
legality
A latin term that: means after the deed or after the fact is “aftus deedus maximus”: true/false
false
is a confession alone enough to convict a defendant?
no a confession must be corroborated
The double jeopardy clause means that you can’t hold people criminally responsible for any particular crimes they’ve committed multiple times: true/false
false
Felony murder statutes differs from other forms of murder in that they hold the person liable for murder even if the killing was unintentional: true/false
true
The level of seriousness of an offense is known as a:
degree
