Untitled Flashcards Set

What is Actus Reus?

The physical act or unlawful omission that constitutes a criminal offense.

What does Adjudication refer to?

The formal process by which a legal dispute is resolved through judicial determination.

What is an Affirmative Defense?

A defense in which the defendant bears the burden of proving a fact that negates or mitigates liability.

What is an Alibi in legal terms?

A defense asserting that the accused was at a different location at the time of the alleged crime.

Define Appellate Jurisdiction.

The legal authority of a higher court to review and revise the decision of a lower court.

What are Article III Courts?

Courts established under Article III of the U.S. Constitution, including the Supreme Court and federal courts.

What constitutes Assault?

An intentional act creating a reasonable apprehension of imminent harmful or offensive contact.

What is Battery?

The unlawful and intentional application of force to another person, resulting in harmful or offensive contact.

What is the Bill of Rights?

The first ten amendments to the U.S. Constitution, providing fundamental rights against governmental overreach.

What does Burden of Persuasion mean?

The obligation of a party to convince the trier of fact of the truth of an asserted claim or defense.

What is Burglary?

The unlawful entry into a building or structure with intent to commit a crime, typically theft.

What does the Castle Doctrine entail?

A principle allowing individuals to use force to defend their home against unlawful intruders without a duty to retreat.

What is meant by Causation in law?

A necessary element establishing a direct link between the defendant’s actions and the resulting harm.

What is the Code of Hammurabi?

One of the earliest known legal codes enacted in ancient Babylon.

Define Common Law.

A legal system based on judicial precedent and case law rather than statutory enactments.

What is Concurrence in criminal law?

The requirement that the actus reus and mens rea occur simultaneously to establish liability.

Who are Conflict Theorists?

Scholars arguing that laws reflect the interests of powerful social groups.

Who are Consensus Theorists?

Scholars who believe laws arise from a general agreement on moral and social norms.

What is Consent in legal terms?

A voluntary and legally valid agreement to engage in a specific act.

What constitutes a Conspiracy?

An agreement between individuals to commit a criminal act, accompanied by an overt act in furtherance.

What is the Constitution?

The foundational document establishing government framework and individual rights.

What is Contributory Negligence?

A doctrine that bars or reduces recovery in a tort action when the plaintiff's negligence contributed to harm.

What is Corpus Delicti?

The principle requiring proof that a crime has occurred before a conviction can be made.

What did the Court of Appeals Act of 1891 establish?

The U.S. Courts of Appeals, an intermediate appellate system.

What is the Crime Control Model?

A perspective that emphasizes suppression of crime through efficient law enforcement.

What is Disorderly Conduct?

An offense that criminalizes behavior disrupting public order.

What does Diversity of Citizenship refer to?

A basis for federal court jurisdiction when parties are from different states or countries.

What is Double Jeopardy?

The protection against being prosecuted twice for the same offense.

Explain the Dual-Sovereignty Doctrine.

Allows state and federal governments to prosecute an individual for the same act.

What is Due Process?

A guarantee ensuring fair treatment under the law.

What is the Due Process Model?

A criminal justice perspective prioritizing individual rights over efficiency.

Define the Durham Rule.

A test for insanity absolving a defendant if their act was a product of mental illness.

What are Ex Post Facto Laws?

Laws that retroactively criminalize actions that were legal when committed.

What is an Excuse Defense?

A defense where the defendant admits to the act but argues they should not be held liable.

What is Felony Murder?

Liability for murder if a death occurs during the commission of a felony.

What are Fundamental Rights?

Basic protections under the Constitution considered essential to a free society.

What is General Jurisdiction?

Authority of a court to hear a wide range of cases.

What is Geographic Jurisdiction?

Authority to hear cases arising within a specific geographic area.

What is Gideon v. Wainwright (1963)?

A case establishing the right to court-appointed counsel for indigent defendants.

What is a Grand Jury?

A panel that determines if sufficient evidence exists to indict a suspect.

What is Habeas Corpus?

A writ requiring justification for a person's detention.

What is Harm in legal context?

The injury or damage resulting from a criminal or tortious act.

Explain Hierarchical Jurisdiction.

Authority based on a court's level in the judicial system.

What defines Homicide?

The killing of one person by another.

What is Incorporation?

Applying Bill of Rights provisions to state governments through the Fourteenth Amendment.

What is an Indictment?

A formal accusation issued by a grand jury against an individual.

What is Information in criminal law?

A formal charge filed by a prosecutor without a grand jury indictment.

What does Insanity mean in legal terms?

A defense asserting the defendant lacked mental capacity at the time of the offense.

What is Involuntary Commitment?

Confinement to a psychiatric institution against one’s will due to mental health risks.

What is the Irresistible Impulse Test?

A test to determine if a defendant was unable to control their actions due to mental illness.

What does Judicial Review refer to?

The power of courts to examine the constitutionality of legislative and executive actions.

What did the Judiciary Act of 1789 establish?

The structure and jurisdiction of the federal judiciary.

What is Jurisdiction?

The legal authority of a court to hear and decide cases.

What is a Justification Defense?

A defense where the act was necessary to prevent a greater harm.

What is Larceny?

The unlawful taking of someone else's property with intent to deprive them.

What is Law?

A system of rules established and enforced by governmental institutions.

What does Legislation refer to?

The process of enacting laws or statutes by a governing body.

What is Limited Jurisdiction?

Authority of a court to hear only certain types of cases.

What are Magistrate Judges?

Judicial officers who assist district judges by handling preliminary matters.

What are Mala in Se crimes?

Crimes considered inherently wrong, universally recognized as offenses.

What are Mala Prohibita crimes?

Crimes that are not inherently immoral but prohibited by law.

What does Malice Aforethought mean?

The mental state required for first-degree murder.

What is Manslaughter?

The unlawful killing of another without malice aforethought.

What is Marbury v. Madison (1803)?

A case that established the principle of judicial review.

What is Mens Rea?

The mental state or intent of the defendant at the time of the crime.

What are Miranda Warnings?

The requirement to inform a suspect of their rights during custodial interrogation.

What is the Model Penal Code?

A comprehensive set of guidelines to standardize criminal law principles.

What is Motive in legal terms?

The reason behind a defendant’s actions.

What is Murder?

The unlawful, premeditated killing of another person.

What is Negligence?

The failure to exercise reasonable care, resulting in harm.

What is No-Fault Divorce?

A divorce process without the need to prove fault.

What does the Nuisance Doctrine allow?

Seeking remedy for disturbances to property caused by unreasonable use of land.

What is Ordinary Care?

The degree of caution an average person would exercise to prevent harm.

What is Original Jurisdiction?

The authority of a court to hear a case for the first time.

What is the Overbreadth Doctrine?

Laws that are unconstitutional if they prohibit too broad a range of conduct.

What is Oversight in a legal context?

The review of activities by legislative bodies or other governmental entities.

What are Penumbra rights?

Implied rights not explicitly stated in the Constitution.

What is Personal Jurisdiction?

The authority of a court to hear a case involving a specific defendant.

What is a Plaintiff?

The party initiating a civil lawsuit.

What is Precedent?

A legal principle established in a previous case guiding future decisions.

What is the Presumption of Innocence?

A principle ensuring a defendant is considered innocent until proven guilty.

What is Probable Cause?

A reasonable belief that a crime has been committed or evidence will be found.

What is the Product Test?

Used to determine if a defendant's conduct was the proximate cause of harm.

What does Proof Beyond a Reasonable Doubt mean?

The standard of evidence required to convict a defendant in a criminal trial.

What is Proof by a Preponderance of the Evidence?

The standard of proof in civil cases, requiring claims to be more likely true.

Define Proximate Cause.

The primary cause in a chain of events leading to harm.

What are Punitive Damages?

Damages awarded intended to punish the defendant for egregious conduct.

What is Rape?

The unlawful and non-consensual sexual intercourse.

What does the Retreat Doctrine entail?

A rule requiring retreat before using deadly force in self-defense, if safe.

What is the Right of Appeal?

The legal right of a party to challenge a lower court's decision.

What is the Right to Counsel?

The constitutional right to have legal representation in a criminal case.

What is the Rule of Four?

A practice requiring at least four justices to agree to hear a case.

What is the Rule of Law?

The principle that all individuals and entities are subject to the law.

What is Self-defense?

A justification defense allowing the use of force to protect oneself.

What is Solicitation?

Urging or commanding another to commit a criminal act.

What is Sovereign Immunity?

Doctrine preventing a government from being sued without its consent.

What is Stare Decisis?

The doctrine that courts should follow precedents in previous rulings.

What is Strict Liability?

Holding a defendant liable for an act, regardless of intent.

What is Strict Scrutiny?

The highest standard of judicial review applied to discriminatory laws.

What is Subject Matter Jurisdiction?

Authority to hear cases based on type of legal issue involved.