Test 2 Flashcards

1
Q

Law

A

Formalized rules of social control codified in various authoritative sources

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2
Q

Private/Civil Law

A

Concerns the rights and relations of private individuals and is often associated with lawsuits, suing, torts, and remedies for wrongs often monetary

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3
Q

Public Law

A

Law that governs the relationship between the government and citizens, either individual or collective.

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4
Q

Administrative Law

A

Law that governs administrative agencies such as the FDA (Food and Drug Administration) and IRS (Internal Revenue Service).

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5
Q

Criminal Law/Substantive Criminal Law

A

Defines, prevents, and punishes actions (and inactions) considered to violate society’s codified rules.

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6
Q

Constitutional Law (framing law)

A

Establishes government and institutions, establishes fundamental principles and limits on law and government action. Procedural criminal law is part of constitutional law.

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7
Q

Habeas corpus

A

The government cannot detain someone without legally acceptable reasons

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8
Q

Ex post facto

A

Behavior cannot be criminalized after the fact.

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9
Q

The Bill of Rights

A

Part of the constitution but also its own distinct thing.

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10
Q

Procedural Law

A

Provides a set of rules for police and others who implement criminal law in the criminal justice system.

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11
Q

Substantial Law

A

Conduct of every member of society.

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12
Q

Procedural Government Law

A

Government conduct.

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13
Q

Robbery

A

Involves violence or threat of violence, making it more serious than taking property or breaking and entering

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14
Q

Actus Reus

A

The act, a guilty act

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15
Q

Mens rea

A

The state of mind

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16
Q

Concurrence

A

The agreement or correspondence between the act and the state of mind.

17
Q

Causation

A

The act and state of mind causing a harmful outcome.

18
Q

Over-Policing

A

Refers to excessive or unnecessary policing in certain communities.

19
Q

Broken Windows

A

A metaphor for crime suggesting that if visible signs of disorder and neglect are not addressed, more serious crime can follow.

20
Q

Deterrence Theory

A

Theory that states people are deterred from committing crimes by the punishment they may receive.

21
Q

Trial court

A

The court of original jurisdiction, where litigation begins and evidence is presented to the jury.

22
Q

Appellate Court

A

Reviews lower court decisions based on legal arguments, without live witness testimony or new evidence.

23
Q

The role of the prosecutor

A

District Attorney responsible for prosecuting criminals, preventing crimes, and supporting victims.

24
Q

Plea bargaining

A

The process where a criminal defendant agrees to waive their rights to a jury trial and pleads guilty to a lesser charge in exchange for certain concessions from the prosecutor.

25
Q

Criminal Defense

A

A legal response to a criminal charge.

26
Q

Denial of wrongdoing

A

Assertion of innocence, either in whole or in part.

27
Q

Absolute Denial

A

Denial of some or all elements of a crime.

28
Q

Affirmative defenses

A

Acceptance of the act but denial of legal culpability or acknowledgment of wrongful act with mitigating explanation.

29
Q

Elements of a crime

A

Actus reus, mens rea, concurrence, causation, and harm.

30
Q

Common defenses to criminal liability

A

Alibi, automatism, coercion/duress, defense of property,