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Chapter 4 Vocab

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blueghost's version from 2017-02-28 01:36

Section

Question Answer
common lawthe body of law developed from custom or judicial decisions in England and US courts and not attributable to legislature
precedenta court decision that furnishes an example or authority for deciding subsequent cases involving similar facts
rule of lawprinciple that the rules of a legal system apple equally to all persons, inst, and entities, public or private, that make up a society
constitutional lawlaw based on the US const. and the consts of various states
statuary lawlaws or ordinances created by federal, state, or local legislatures and governing bodies
administrative lawrules, orders, and decisions of fed or state govt administrative agencies in order to carry out their duties and responsibilities
case lawjudge-made law, including judicial interpretations of the other three sources of law; rule of law anounced in court decisions
model penal codea statutory text created by the american law institute that sets forth general principles of criminal responsibility and defines specific offenses
supremacy clausea clause in the US const establishing fed law as supreme law of the land and shall prevail when in conflict with state const or statutes
ballot initiativeprocedure in which the citizens of a state, by collecting enough signatures, can force a public vote on a proposed change to state law
stare decisislegal doctrine under which judges are obligated to follow the precedents established under prior decisions
corpus delictibody of circumstances that must exist for a criminal act to have occurred
actus reusa guilty (prohibited) act
attemptthe act of taking substantial steps toward committing a crime while havin the ability and intent to commit the crime, even if the crime never takes place
mens reamental state or intent; a wrongful mental state is usually as necessary as a wrongful act to establish criminal liability
negligence a failure to exercise the standard of care that a reasonable person would exercise in sim circumstances
recklessnessthe state of being aware that a risk does or will exist and acting in a way that consciously disregards this risk
voluntary manslaughtera homicide in which the intent to kill was present in the mind of the offender, but the malice (desire to do evil) was lacking
involuntary manslaughtera homicide in which the offender had no intent to kill the victim
strict liability crimescertain crimes (such as traffic violations) in which the defendant is guilty regardless of his or her state of mind at the time of the act
statutory rapestrict liability crime in which an adult engages in a sexual act with a minor
felony-murderunlawful homicide that occurs during the attempted commission of a felony
attendant circumstancesthe facts surrounding a criminal event that must be proved to convict the defendant of the underlying crime
hate crime lawa statute that provides greater sanctions against those who commit crimes motivated by bias against an indiv or a group based on race, ethnicity, religion, gender, sexual orientation, disability, or age
inchoate defensesconduct deemed criminal without actual harm being done, provided that the harm that would have been done is one that the law tries to prevent
conspiracyplot by two or more people to carry out an illegal or harmful act
infancya condition that, under early american law, excused young wrongdoers of criminal behaviour b/c presumably they could not understand the conseq of their actions
insanitydefense for criminal liability that asserts lack of criminal responsibility due to mental instability
M'Naghten Rulecommon law test of criminal responsibility derived from the case in 1843 that relies on the defendant's inability to distinguish right from wrong
substantial capacity test (ALI/MPC Test)test for insanity defense that states that a person is not responsible for criminal behaviour when he or she lacks substantial capacity to understand that the behaviour is right/wrong or to know how to behave properly
irresistible-impulse testtest for insanity defense under which a defendant who knew his or her action was wrong may still be found insane if he or she was unable as a result of mental deficiency, to control the urge to complete the act
competency hearingcourt proceeding to determine whether a defendant is mentally well enough to understand the charges filed against and cooperate with a lawyer in presenting a defense
intoxicationdefense for criminal liability in which the defendant claims that the taking of intoxicants rendered him or her unable to form the requiste intent to commit a criminal act
duressunlawful pressure brought to bear on a person causing the person to perform an act that he or she would not otherwise
self-defenselegally recognized privilege to protect one' self or property from injury by another
duty to retreatthe requirement that a person claiming self-defense prove that she or he first took the reasonable steps to avoid the conflict that resulted in the use of deadly force
necessitya defense against criminal liability in which the defendant asserts that circumstances required the illegal act
entrapmentdefense in which the defendant claims that he or she was induced by a public official (usually undercover) to commit a crime that would not have been committed otherwise
substantive criminal lawlaw that defines the rights and duties of indivs with respect to one another
procedural criminal lawrules that define the manner in which the rights and duties of indivs may be enforced
bill of rightsthe first ten amends to the us const
due process clauseprovisions of the fifth and fourteenth amendment to the const that guarantee that no person shall be deprived of life, liberty, property without due process of law
procedural due processa provision in the us const that states that the law must be carried out in a fair and orderly manner
substantive due processthe const requirement that laws used in accusing and convicting persons of crime must be fair
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