CRJU 2100 - Sources of Law - Vocabulary Flashcards

Vocabulary flashcards covering key terms and definitions from the lecture notes on sources of law, history, goals, rule of law, types of law, civil vs criminal, crimes, and elements.

Law

A system of rules created and enforced by a government to regulate conduct and assign penalties for violations.

Eye for an Eye

Lex talionis; the punishment should mirror the injury caused.

Trial by Ordeal

Primitive trial where divine protection was believed to reveal the innocent.

Deterrence

Aims of law to deter crime through punishment; can be specific (individual) or general (societal).

Specific Deterrence

Punishing a particular offender to discourage future crimes by that individual.

General Deterrence

Punishing to deter others in society from committing similar crimes.

Restitution

A punishment requiring repayment or compensation to an injury or loss.

Retribution

Punishment deserved by the offender as a form of repayment to society.

Rehabilitation

Efforts to educate and treat offenders to reform behavior.

Incapacitation

Separating or isolating the offender to protect the public.

Rule of Law

Principle that government and individuals are subject to the law; laws are clear, public, stable, fair, protect rights, and are applied impartially.

Access to Justice

The principle that justice is available to all; no one is denied fair legal process.

Civil Law

Disputes between individuals or organizations; remedies typically involve compensation; defendant can be found liable or not liable; decided by judge or jury.

Criminal Law

Law dealing with crimes and punishments; defendants have rights to counsel, due process, and speedy trials; verdicts by judge or jury.

Plaintiff

Party who initiates a civil lawsuit seeking relief or damages.

Defendant

Party accused of wrongdoing in a civil or criminal case.

Burden of Proof

Level of evidence required to prevail; generally higher in criminal trials than civil trials.

Beyond a Reasonable Doubt

Standard of proof required to convict in criminal cases; the evidence must leave no reasonable doubt of guilt.

Preponderance of the Evidence

Standard of proof in civil cases; more likely than not that the claim is true.

OJ Simpson Case

Civil liability finding in 1997 for wrongful deaths related to OJ Simpson; criminal acquittal in 1995; damages awarded $33.5 million.

Misdemeanor

Less serious offenses; punishable by fines and/or up to 180 days in jail; five degrees (1st–4th, and Minor/5th).

Unclassified Felony

Most severe category in some systems; penalties up to $25,000 and long prison terms (20 years to life; sometimes death in theory).

1st Degree Misdemeanor

Most serious misdemeanor; up to $1,000 fine and/or 180 days in jail.

2nd Degree Misdemeanor

Up to $750 fine and/or 90 days in jail.

3rd Degree Misdemeanor

Up to $500 fine and/or 60 days in jail.

4th Degree Misdemeanor

Up to $250 fine and/or 30 days in jail.

Minor (5th Degree) Misdemeanor

Up to $150 fine; typically no jail time; often community sanctions.

1st Degree Felony

Up to $20,000 fine and/or 3–11 years in prison (Ohio examples).

2nd Degree Felony

Up to $15,000 fine and/or 2–8 years in prison.

3rd Degree Felony

Up to $10,000 fine and/or 9–36 months in prison.

4th Degree Felony

Up to $5,000 fine and/or 6–18 months in prison.

5th Degree Felony

Up to $2,000 fine and/or 6–12 months in prison.

Unclassified (Most Severe) Felony

Severe felonies with substantial penalties; context-dependent (Ohio example).

Actus Reus

The guilty act; the physical act or unlawful omission that constitutes the crime.

Concurrence

Principle that the act and the mens rea must occur together for a crime to occur.

Causation

Direct link between the defendant’s actions and the resulting harm.

Harm

The injury or damage caused by the crime.

Not Guilty by Reason of Insanity

Defense asserting the defendant was legally insane at the time of the crime and could not understand the acts.

Competence to Stand Trial

Mental state requiring a defendant to be able to understand and participate in the trial.