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JUSTICE STUDIES > WOMEN IN LAW > Flashcards

WOMEN IN LAW Flashcards

1
Q

Substantive Law

A
  • The law of crimes
  • statutory law
  • What individuals can and can’t do
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2
Q

crime

A

a.) an act in violation of
b.) a criminal law for which
c.) a punishment is prescribed, and the person commiting it must have
d.)intended to do so and to have done so without a legally acceptable
e.)defense or acception

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3
Q

Elements of Criminal Liability

A

1.) Actus Reus(Criminal Act)
- voluntary act
- failure to act if action is required
- possession
2.) Mens Rea(Criminal Intent)
- Purpose (intent to commit a certain act)[Elmer v. Riggs]
- Knowing (pratically certain of result)
- Reckless (operates with awareness to the risk but without certainty of the crime)
- Negligent (failure to pay attention to risk)
3.) Concurrence
- act and intent must exist at the same time
4.) Causation
- the criminal act must cause the harm
- factual cause(if not for the actors conduct, the harm would have happened
- legal cause(the correct amount of blame placed on a person)[denstist story]
5.) Harm
- the result of an action that causes harm (victimless crimes count too)

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4
Q

Strict Liability

A
  • criminal liability without intent(mens rea)
  • statutory rape(adult having sex with a minor, regardless if they knew their age or not)
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5
Q

Vicarious Liability

A
  • criminal liability without intent(mens rea)
  • when liability is placed on someone else, usually a supervisor
  • not part of criminal law, only civil
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6
Q

substantive due process

A

protects fundamental rights by limiting government interference with certain liberties

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7
Q

overbreath

A

failure to precisely define the punishable behavior, like “vagrant” - too
much room for arbitrary enforcemen

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8
Q

vagueness

A

fails to describe the act prohibited and the appropriate punishment

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9
Q

ex post facto

A
  • laws that are passed “after the fault”
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10
Q

bills of attainder

A
  • laws that impose a punishment without a trial
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11
Q

Inchoate Crimes

A
  • anticipatory and incomplete crimes in which criminal exists even though the comtemplated act never takes place
  • attempt(some ‘substantial step’ towards a crime)
  • solicitation(intent to induce another to commit a crime)
  • conspiracy(an agreement between two or more people for the purpose of committing a crime)
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12
Q

complicity

A
  • set forth the situation in which more than one person may be held liable for criminal activity
    principals - people who carry out the crime
    accessories - help the principals get read or help with the aftermath
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13
Q

Self-Defense

A
  • attempt to repel an actual or imminent attack
  • can only use the same amount of force that you are met
  • retreat doctrine (states a person should retreat if possible, rather than put the other person in danger)
    Castle doctrine - you dont have retreat when in your own house
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14
Q

Consent

A
  • some people can consent to certain levels of harm that would otherwise be a crime
  • must be voluntary, knowing, and intelligent
  • statutory rape(not an example) but athlete is
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15
Q

Execution of public duties

A
  • agents of the state are permitted to use reasonable force in the lawful execution of their job
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16
Q

Duress

A
  • can only be used in certain situations
  • threat of serious, imminent harm where the act is less than the threatened harm
  • “ill shoot your family, if you dont go steal this bread”
  • hardly ever used
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17
Q

intoxication

A

o Voluntary intoxication is not a defense
▪ Sometimes used to contest whether intent was present, but law has erected
stout barriers to that argument

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18
Q

age

A
  • people below a certain age lack the mental capacity to form mens rea
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19
Q

insanity

A
  • mental illness that excuses criminal liability by impariing mens rea.
    -mental illness doesnt mean legal insanity
  • rarely successful
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20
Q

entrapment

A

occurs in a result of a “creatuve activity” of the law enforcement and the prosecutor cannot prove begind a reasonable doubt that the defendant was “independently predisposed”

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21
Q

murder(homicide)

A
  • willful killing of another person
  • crime against person
  • murder, manslaughter, and neglient homicide
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22
Q

manslaughter

A
  • crime against person
    involuntary: unintentionally killing results from a reckless act
    voluntary: mistaken belief that self defense was required, or in response to an adequare provocation while in the sudden head of passion
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23
Q

rape

A
  • crime against person
    the penetration, no matter how slight, of the vagina or anus, or oral penetration by a sex organ of another person, without victims consent
  • common law stated that only men could rape, and only outside of marriage
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24
Q

assault

A
  • intention of inflicting severe harm or aggravated bodily harm
    aggravated assault: has a weapon, but can be hands or feet if enough damage is cause
    assault: an attempt or a threat to inflict immediate harm by a person with the means of carrying out the attempt
    battery: unjustified, offensive, and intentional physical contact of some kind
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25
Q

robbery

A
  • the taking or attempted taking og anything of value from the custody of a person through threat or force
    -larceny by force
    exhortion: threat of future harm to person
26
Q

Arson

A
  • crime against property
  • knowing or purposefully burning or attempting to burn
27
Q

burglary

A
  • crime against property
  • unlawful entry to commity a felony or theft
28
Q

larceny/theft

A
  • unlawful taking from the possession of another(with intent to permanently deprive)
29
Q

Disorderly Conduct

A
  • public drunkeness, vagrancy, playing loud music, and fighting
  • if it happens in a group it is called unlawful assemby
30
Q

Barron v Baltimore(1883)

A
  • Wharf owner alleged that the construction by the city had diverted water flower in the habor area. This reduced his earning power. He sued the city under the 5th Amendment(can’t take private property without compensation)
  • Court found that the BOR only applied to the federal government and not the states
31
Q

Gitlow v. New York (1925)

A
  • Gitlow was arrested for passing out the “left wing manifesto” calling for socialism, convicted under the Criminal Anarchy Code. He argued since there was no results from his speech, it violated his first amendment rights
  • Court ruled that New York was allowed to prohibit speech that threatens national security
  • also applies the First Amendment to the States
32
Q

United States v O’Brien

A
  • burned his draft card
  • argued that the amendment he was convicted under abridged his first amendment rights and served no legislative purpose
  • this argument was rejected due to the governmental interest of the draft
33
Q

Texas v Johnson

A
  • flag burning at a protest
  • Is flag burning a form of speech that is protected under the First Amendment?
  • the court agreed with Johnson, finding that it was expressive conduct and distinctively political
34
Q

Buckley v Valeo

A
  • an attempt to remove corruption in political campaigns by restricting finacial contributions to candidates. As well as restricting the amount that individuals can contribute
  • is this a violation of the first amendment?
  • Restricting individual contributions to political campaigns does not violate the first amendment, as it serves a governmental purpose
  • however, restricting independent expenditures in campaign does violate the first amendment
35
Q

South Florida Free Beaches v Miami

A
  • unconsitutional infringement on the right to sun bathe nude
  • the Court found that nudity itself is not protected under the First Amendment, unless combined with other protected speech
36
Q

Expression Hair Design v Schneiderman

A
  • New York law prohibits surcharges on credit card transactions
  • does violate the first amendment becuase it regulates the communication of prices
37
Q

Southeastern Promotions v Conrad

A
  • theater requested to put on the show HAIR. Company said no based on the controversial content in the production
  • violated the first amendment, because it was an attempt to censor speech using prior restraint
38
Q

Crown v Zenger

A
  • charged for seditious libel for publishing a newspaper that criticized the Governor
  • established that true statements critizing the government cannot be punished.
  • Early influence of the First Amendment
39
Q

Shenck v United States

A
  • passing out leaflets, urging men to resist the draft
  • during the time of war
  • Arrested under the espionage act, and argued it was a violation of the first amendment
  • the court ruled that it wasn’t protected, as it actively encouraged people to evade the draft during war time
  • shouting “FIRE” in a crowded theater(clear and present danger)
40
Q

Debs v United States

A
  • gives a public speech that encourages his audience to interfere with the draft
  • arrested under the espionage act
  • like Shenck, the Court ruled that arrest of an individual for distributing leafets encouraging readers to oppose th draft was constitutional
41
Q

Abrams v US

A
  • Russian immigrants circulated literature calling for a strike of ammunition plants to undermine the war effort
  • arrested for two leaflets thrown out the window(denoucing the war and advocating for cessation of production of weapons”)
  • sufficent to meet the clear and present danger test
  • protection of speech is lower during war time
42
Q

Tinker v Des Moines

A
  • arm band protest
  • Tinker and Eckhardt were sent home
  • parents sued the school district for violating the rights of students
  • The court ruled that the armbands represented pure speech, and that students don’t lose their rights the moment they walk into school
  • the conduct must cause “materially and substantially interfere” with the operates of the school
43
Q

Bethal v Fraser

A
  • Fraser delievered a graphic and explicit speech for his friends campaign for student office
  • students were visibly riled up and Fraser has been warned not to give the speech
  • He was suspended for three days and was removed the graduate speaker list
  • The court distinguished the case from Tinker, which was political speech compared to sexual content of Fraser’s.
  • it was inconsistent with the “fundamental values of public school education”
44
Q

Hazelwood v Kuhlmeir

A
  • school newpaper wanted to publish an article that had ‘inappropriate’ topics for students and the principal denied the request
  • the court held the school was not required to promote certain kinds of student speech since it was a school run activity
  • the topics went against the shared values of the social order
45
Q

Morse v Frederick

A
  • olympic torch was going through alaska and a school permitted students to watch outside
  • frederick and friends unfurled a sign that said “Bong Hitz for Jesus”
  • The court ruled although students have some right to political speech, rights do not extend to messages that are against school policies
  • Although cryptic it was reasonable to interpret as a promotion for marijuana use
46
Q

Mahanoy Area vs BL

A
  • BL tried out for the varsity cheerleading squad but didn’t make it. She then posted during the weekend, off campus an explicit message about the team. when the coach found out BL was kicked off the team
  • 1st amendment speech has some limits for students, but does not completely regulate all off campus speech.
  • she was in justidiction of parents and her speech was not substantial disruption or a threat to others
47
Q

patriarchy

A
  • “rule of the father”
  • social system dominated by men at all levels
  • male traits are celebrated, while female traits are underplayed
48
Q

feminist jurisprudence

A
  • simply a practice of examining and evaluating the law from a feminist perspective
49
Q

misogyny

A
  • the hatred, devaluation, and ridicule of women
50
Q

suffrage

A
  • the right to vote
  • Minor v Happersett(rejected women’s right to vote)
  • 19th amendment
51
Q

conventure

A
  • a married couple became one person, and that person was the man
52
Q

Gender related issues fall under ________ test

A

intermediate scrutiny

53
Q

Regulation of Family Law

A

o Access to institution of marriage
o Property division when marriage dissolves
o Child custody
o Spousal support

54
Q

Requirements for Marriage

A
  • 18 or older (without parents permission)
  • consenting to the marriage
  • no incest
  • can’t be married to anyone else
55
Q

Common Law Married

A

Cohabiting couples create “contract” by living together and holding themselves out as being
married

56
Q

Divorce/Annulment

A

Fault based divorce: adultery, cruelty, desertion, insanity, alcoholism
* No-fault divorce - “irreconcilable differences”
* Annulment - marriage never existed: no legal ability to consent, impotence, concealing STD

57
Q

Adminstrative Law

A
  • “Public law” - law of the government
  • With state or federal agencies
    3 parts
    o Make rules
    o Enforce rules
    o Adjudicate cases arising from the rules
58
Q

Abortion

A

intentional termination of pregnancy by removal or expulsion of fetus
- do have a historial presents
- controversial

59
Q

Roe v Wade

A
  • Roe sued Wade, statint that making abortion illegal unless medically needed was vague and abridged the personal privacy rights of first, fourth, fifth, ninth, and fourteenth
  • court ruled the “right to privacy” that protects women’s right to choose up to the second trimester
60
Q

PP v Casey

A
  • PA amended its abortion law, requring those who wnat one to require informed consent and wait 24 hours. They must also notify their husbands
  • court ruled that if a policy put an “undue burden on a women seeking an abortion then it was unconstitutional
61
Q

Dobbs v Jackson

A
  • Mississippi prohibited all abortions with few exceptions after 15 weeks.
  • the court overturned Roe, stating that it was unconstitutional anyways. abortion is not mentioned in the consitution, nor are they deeply rooted in the nation’s history

JUSTICE STUDIES (3 decks)

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