criminal law test #1

Criminal Law

The body of law that defines crimes, sets penalties, and regulates the prosecution of offenders.

Civil Law

A branch of law dealing with disputes between individuals or organizations, typically involving compensation.

Model Penal Code (MPC)

A standardized set of criminal laws used as a guide for the legal code of various jurisdictions.

Common Law

A legal system based on custom and court rulings, primarily developed through judicial decisions.

Actus Reus

The physical act of committing a crime.

Mens Rea

The mental state or intent of the person committing the crime.

Probable Cause

The reasonable grounds for making an arrest, searching premises, or pressing a charge.

Misdemeanor

A lesser crime, typically punishable by less than a year in jail.

Felony

A serious crime, usually punishable by death or imprisonment of over a year.

Specific Intent vs. General Intent

Specific Intent: The intention to achieve a particular result. General Intent: The intention to commit the act itself, not necessarily to cause a certain result.

Purposefully

Acting with intent to cause a specific result.

Knowingly

Being aware that a certain result is practically certain to occur from one’s conduct.

Recklessly

Taking an unjustifiable risk that results in harm.

Negligently

Failing to be aware of a substantial and unjustifiable risk; the failure constitutes a deviation from the standard of care.

Transferred Intent

When the intent to harm one individual inadvertently causes harm to another.

Strict Liability

Liability that does not depend on actual negligence or intent to harm.

Joinder/Concurrence

The requirement that the actus reus and mens rea occur simultaneously for a crime to be committed.

Causation

The relationship between the actus reus and the harm caused; establishing that one caused the other.

Motive vs. Intent

Motive: The reason why a person commits a crime. Intent: The intention to commit the act itself.

Criminal Burden of Proof

The obligation to prove a case beyond a reasonable doubt (B.A.R.D).

Civil Burden

The obligation to prove a case by the preponderance of the evidence (POTE).