Criminal Law, Torts, and Contracts Review

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Vocabulary practice flashcards covering fundamental concepts in criminal law, torts, and contracts.

21 Terms

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Mens Rea

The mental element or guilty mind required in criminal law, encompassing mental states such as intent and knowledge.

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Strict Liability

Legal culpability or liability imposed in criminal law or torts without requiring proof of mens rea or criminal intent.

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White-Collar Crime

A nonviolent crime typically committed within a commercial or business context.

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Crimes Against the Person

Criminal acts committed directly against individuals, such as assault and reckless endangerment.

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Embezzlement

A category of crime against property involving the misappropriation of entrusted property or funds.

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Grand Jury

A judicial body that reviews evidence to determine whether there is sufficient cause to accuse a defendant of a crime.

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Indictment

A formal criminal accusation issued by a grand jury.

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Ex Post Facto Law

A prohibited law that attempts to criminalize actions or behavior retroactively after they have already taken place.

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Bail

A system whose principal purpose is to ensure the accused's appearance at court proceedings following release from custody.

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Booking

The post-arrest administrative processing phase during which identification procedures like fingerprinting take place.

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Affirmative Defenses

Defenses that negate criminal liability if proven by the defense, including the statute of limitations and duress.

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Offense Classifications (Felony, Misdemeanor, Violation)

The standard legal categories used to classify degrees of offenses based on severity.

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Criminal Sentences

Punishments imposed upon a convicted person, including severe sanctions such as life sentences and the death penalty.

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Probation vs. Parole

Two distinct forms of criminal supervision, one served in lieu of prison time (probation) and one served following conditional release from prison (parole).

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Intentional Torts

Civil wrongs involving deliberate actions, including defamation, intentional distress, conversion, assault, false imprisonment, and battery.

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Fraud

A tort involving an intentional misrepresentation where the statement made must be unfactual.

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Bilateral vs. Unilateral Contract

Contract types differentiated by whether mutual promises are exchanged between both parties (bilateral) or a promise is given in exchange for actual performance (unilateral).

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Option Contract

A contract provision or agreement that keeps an offer open for a specified period of time in exchange for consideration.

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Uniform Commercial Code (UCC)

A standardized set of business and commercial laws governing commercial and sales transactions.

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Liquidated Damages

An agreed-upon monetary amount stipulated in a contract to be paid as compensation if a breach occurs.

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Statute of Frauds

A statutory requirement establishing that certain types of contracts must be in writing to be legally enforceable.