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CLAP > Test 1 - Ch 1 Book > Flashcards

Test 1 - Ch 1 Book Flashcards

1
Q

“there is no crime, there is no punishment, without law” Refers to the doctrine that one cannot be found guilty of a crime unless there is a violation of an existing provision of law defining the applicable criminal conduct.

A

nullen crimen, nulla poena, sine lege

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2
Q

The branch of the criminal law that defines criminal offenses and defenses and specifies criminal punishments.

(study of statutes)

A

substantive criminal law

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3
Q

The branch of the criminal law that deals with the processes by which crimes are investigated, prosecuted, and punished

A

procedural criminal law

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4
Q

The doctrine that the Constitution is the supreme law of the land and that all actions and policies of government must be consistent with it

A

constitutional supremacy

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5
Q

the power of courts of law to review governmental acts and declare them null and void if they are found to be unconstitutional

A

judicial review

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6
Q

the constitutional distribution of government power and responsibility between the national government and the states

A

federalism

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7
Q

Constitutional assignment of legislative, executive, and judicial powers to different branches of government.

A

separation of powers

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8
Q

A “wrongful act” which, combined with other necessary elements of crime, constitutes criminal liability.

A

actus reus

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9
Q

“Guilty mind”; criminal intent

A

mens rea

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10
Q

Crimes that do not require proof of the defendant’s intent; selling liquor to a minor

A

strict liability offesnes

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11
Q

Serious crimes for which a person may be imprisoned for more than one year.

A

felonies

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12
Q

Minor offenses, usually punishable by fine or imprisonment for less than one year.

A

misdemeanors

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13
Q

Deliberate violation of a criminal law considered to be unjust or constitutional in order to dramatize one’s objection to the law.

A

civil disobedience

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14
Q

Constitutional principle enshrined in the Fourteenth Amendment by which law is supposed to apply equally to all persons without regard to race and other irrelevant characteristics.

A

equal protection of the laws

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15
Q

A person who is the object of a crime or tort

A

victim

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16
Q

Noncriminal wrongs or injuries, other than breaches of contract, for which the remedy is a civil suit for damages.

A

torts

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17
Q

Violations of provisions of legally enforceable agreements that give the damaged party the right t recourse in the a court of law.

A

breaches of contract

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18
Q

“Evils in themselves” Refers to crimes such as murder, rape, arson, robbery, etc, which are universally condemned

A

mala in se

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19
Q

“Prohibited evils” Refers to crimes that wrong primarily because the law declares them to be wrong.

A

mala prohibita

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20
Q

The body of decisional law based largely on custom as declared by English judges after the Norman Conquest of 1066

A

English common law

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21
Q

The doctrine of deciding cases based on precedent; meaning previous cases.

A

stare decisis

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22
Q

Generally applicable laws enacted by a legislature

A

statutes

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23
Q

A massive treatise on the English common law published in 1765-1769 by Sir William Blackstone a professor at Oxford University

A

Blackstone’s Commentaries

24
Q

Laws enacted by local governing bodies such as city councils and county commissions.

A

ordinances

25
Q

The power of government to legislate to protect public health, safety, welfare, and morality.

A

police power

26
Q

Published by the American Law Institute (ALI), the MPC consists of general provisions concerning criminal liability, sentences, defenses, and definitions of specific crimes.

A

Model Penal Code (MPC)

27
Q

Rules promulgated by courts of law under constitutional or statutory authority governing procedures for trials and other judicial proceedings.

A

Rules of procedure

28
Q

The crime of making war against one’s own government or giving aid and comfort to its enemies.

A

treason

29
Q

Retroactive laws that criminalize action were legal at the time they were performed or increase punishment for a criminal act after it was committed.

A

ex post facto laws

30
Q

Legislative acts (prohibited by the U.S. Constitution) imposing punishment without trial upon persons deemed guilty of reason or felonies

A

bills of attainder

31
Q

A written enumeration of basic rights, usually part of written constitution–for example, the first then amendments to the U.S. Constitution.

A

Bill of Rights

32
Q

Judicial tribunals, usually presided over by one judge, which conduct proceedings and trials in civil and criminal cases with or without a jury.

A

trial courts

33
Q

Judicial tribunals that review decisions from lower tribunals.

A

appellate courts

34
Q

One of the principal functions of an appellate court; of ten referred to as the law development function

A

lawmaking function

35
Q

The function of appellate courts in reviewing routine appeals and correcting the errors of trial courts.

A

error correction function

36
Q

Law declared by appellate courts in their written decisions and opinions.

A

decisional law

37
Q

Procedural and substantive rights of citizens against government actions that threaten the denial of life, liberty, or property.

A

due process of law

38
Q

The requirement, stemming from due process, that government provide adequate notice to a person before it deprives that person of life, liberty, or property.

A

fair notice

39
Q

A hearing in which both parties have a reasonable opportunity to be heard - to present evidence and make arguments to an impartial decision maker.

A

fair hearing

40
Q

In a criminal prosecution, a person accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt.

A

presumption of innocence

41
Q

The standard of proof used by a judge or jury to determine whether criminal charges against a defendant have been proven.

A

reasonable doubt standard

42
Q

A formal document handed down by a grand jury accusing one or more persons of the commission of a crime or crimes.

A

indictment

43
Q

A group of citizens convened either to conduct an investigation or to determine whether there is sufficient evidence to warrant the prosecution of an accused.

A

grand jury

44
Q

A document filed by a prosecutor under oath charging one or more persons with commission of a crime.

A

information

45
Q

An appearance before a court of law for the purpose of pleading toa criminal charge.

A

arraignment

46
Q

A trial in a court of law to determine the guilt or innocence of a person charged with a crime.

A

criminal trial

47
Q

Rules promulgated by courts of law under constitutional or statutory authority governing procedures for trials and other judicial proceedings

A

rules of procedure

48
Q

Legal rules governing the admissibility of evidence at trial.

A

rules of evidence

49
Q

Negotiations between a defendant and a prosecutor whereby the defendant agrees to plead guilty in exchange for some concession (such as reduction in the number of charges brought)

A

plea bargaining

50
Q

Capital punishment; a sentence to death for the commission of a crime.

A

death penalty

51
Q

Another term for imprisonment

A

incarceration

52
Q

Sums of money that offenders are required to pay as punishment for the commission of crimes.

A

monetary fines

53
Q

Conditional release of a convicted in lieu of incarceration

A

probation

54
Q

The act of compensating someone for losses suffered

A

restituion

55
Q

A program in which a first-time offender is afforded the opportunity to avoid criminal prosecution by participating in some specified treatment, counselling, or community service.

A

pretrial diversion

56
Q

Programs designed to rehabilitate offenders. The term is most commonly used in connection with alcohol or drug abuse rehabilitation.

A

treatment programs

CLAP (11 decks)

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