Rights and Wrong Flashcards

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1
Q

Prohibitions

A

what a person must not do as a member of society (ex: murder)

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2
Q

affirmative requirements

A

what a person must do as a member of society (ex: file taxes)

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3
Q

criminal

A

an act that is a product of state enforecement of harm

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4
Q

who determines what is criminal?

A

legislative branch

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5
Q

who determines why it’s criminal?

A

judicial branch

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6
Q

writ of certiorari

A

a request for the USSC to review a case from a lower ct

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7
Q

moral certainty

A

The jury must be satisfied beyond a reasonable doubt as regards the guilt of the accused before they can find a verdict of guilty. if not, then they cannot convict.

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8
Q

firmly convicted

A

based on evidence presented, you must find guilt. if there’s a real possibility that you cannot find guilt, then you cannot convict

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9
Q

no waiver or vacilation

A

if both sides could happen in a fact pattern, you cannot convict. you cannot say you find for a side beyond a reasonable doubt

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10
Q

no real doubt

A

not all reasonable doubt has been excluded from the evidence presented, so you cannot convict

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11
Q

peremptory cause

A

objection to a particular juror without a cause needed

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12
Q

for-cause excuse

A

a juror cannot render a fair or impartial judgement, so they must be excused

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13
Q

people v. owens

A

F: ∆ found in a driveway in his car. car running with lights on but address did not match the license
Q: whether there was an error in rendering a drunk driving verdict in the lower ct
A: yes, this is a jury question
Why: they couldn’t prove all 3 elements beyond a reasonable doubt and the lower ct didn’t distinguish between operating and driving. too many questions remaining

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