Intro to Law Key Terms - Chapters 5, 6, 8.

Mala in Se

Criminal offenses that are naturally wrong, such as murder, rape, arson, and theft.

Mala Prohibita

Acts that are criminal only because the law defines them as crimes.

Actus Reus

A wrongful act.

Mens Rea

A criminal state of mind; the offender must have a wrongful state of mind to be convicted.

General-Intent Crime

A crime where the prosecution must prove the offender intended to commit the act and it was not accidental.

Specific-Intent Crime

A crime where the prosecution must prove the offender intended the act for a specific purpose.

Criminal Negligence

A criminal offense resulting from unconscious risk creation.

Proximate Cause (Legal Issue)

What the law recognizes as the primary cause of an injury.

Inchoate Crime

Criminal actions taken in preparation to commit a crime, such as solicitation, attempt, or conspiracy.

Solicitation

A specific-intent crime committed by asking, hiring, or encouraging another person to commit a crime.

Attempt

A specific-intent crime where someone intends to commit a crime and takes an action toward completing it, but the crime is not completed.

Conspiracy

A specific-intent crime committed by two or more people who plan to commit a crime.

Alibi Defense

A defense claiming the defendant could not have committed the crime because witnesses confirm they were somewhere else when it happened.

Justification Defense

A defense where the defendant admits committing the act but argues it was justified, such as self-defense, defense of others, defense of property, choice of evils, or duress.

Affirmative (Excuse) Defense

A defense where the defendant admits acting unlawfully but argues they should not be held criminally responsible because of the circumstances. Examples include duress, insanity, and involuntary intoxication.

M’Naghten Rule

A rule stating a defendant is not guilty if a diseased mind prevented them from knowing their act was wrong or understanding the nature of their act.

Irresistible Impulse Test

A rule stating a defendant is not guilty if they knew the act was wrong but could not control themselves from committing it.

Custodial Interrogation

Being questioned while in police custody.

Exclusionary Rule

A Fourth Amendment rule stating that illegally obtained evidence cannot be used to prove a defendant's guilt.

Good-Faith Exception

An exception allowing evidence when police reasonably relied on a defective warrant when obtaining it.

Stop-and-Frisk

Police briefly stop someone based on reasonable suspicion and may frisk them for weapons when appropriate.

Bail

Money, a bond, property, or another secured pledge deposited to ensure the defendant appears at trial.

Grand Jury

A group of people who decides whether there is enough reason to believe an accused committed a crime and should go to trial.

Nolo Contendere

Meaning "no contest"; the defendant accepts conviction without admitting guilt.

Habeas Corpus

A court order requiring a jailed person to be brought before a court to determine whether they should remain in jail.

Collusion

A typically secret agreement among rivals to prevent competition.

Immunity

Preferential protection from lawsuits.

Case-or-Controversy Requirement

The parties in a lawsuit filed in federal court must truly be adversaries.

Justiciable

The requirement that a case be well suited for judicial determination.

Ripeness

Whether a case has developed sufficiently to be brought before a court for a decision.

Standing

Whether the plaintiff is the right person or entity to bring a particular claim before the court.

Moot

Outside the judicial power because there is no longer a real case or controversy or direct adverse effect on a party.

Political-Question Doctrine

The judicial branch cannot decide questions that should more properly be decided by the executive or legislative branches.

Act-of-State Doctrine

American courts should not determine the validity of public acts committed by a foreign government within its own territory.

Statute of Limitations

The time period established by the legislature within which a legal action must be brought.

Laches

A doctrine preventing people who wait too long to assert an equitable right from bringing an action.

Claim Preclusion (Res Judicata)

A final court decision on a lawsuit's merits prevents the same parties from bringing the same claim again.

Sovereign Immunity

The principle that a sovereign cannot be sued without its express consent.

Governmental Immunity

Legal protection for government officials when acting within their authority and performing official duties.

Parental Immunity

A doctrine that generally protects parents from negligence or intentional tort lawsuits brought by their unemancipated minor children.

Informal Discovery Period

The period between the event that gives rise to a lawsuit and the filing of a complaint.

Contingent Fee Agreement

An agreement where an attorney receives a specified percentage of the money collected in a settlement as payment.

Settlement Conferences

Discussions between the plaintiff's and defendant's attorneys about a reasonable settlement.

Pleading

A formal statement of the plaintiff's claim and the defendant's response.

Complaint

A document where the plaintiff states the legal claim, supporting facts, jurisdiction, and requested relief.

Answer

A response where the defendant admits or denies allegations, raises defenses, and may make counterclaims.

Reply

A formal statement where the plaintiff responds to factual allegations in the defendant's answer.

Counterclaim

A claim made by a defendant seeking relief against the plaintiff.

Cause of Action

Facts that give a person the right to bring a legal action against another person.

Writ of Summons

A court order requiring a person to appear in court to answer a complaint.

Default

Failing to file a written answer to a summons within the required time.

Motion to Dismiss (Demurrer or 12(b) Motion)

A motion challenging the legal sufficiency of the plaintiff's claim or complaint.

Discovery

The pretrial phase where both sides exchange information, documents, facts, witness identities, and expert opinions.

Oral Deposition

A witness examination under oath outside of court, usually recorded by a court reporter or video technician.

Written Interrogatories

Written questions sent to parties in a lawsuit that must be answered under oath.

Production of Documents

Requiring a party in a lawsuit to provide documents or other items for inspection.

Pretrial Conference

A meeting called by the judge before trial to discuss case issues with both attorneys.

Voir Dire

The jury selection process where attorneys question potential jurors to determine their suitability.

Subpoena

A court order requiring a witness to appear in court.

Subpoena Duces Tecum

A court order requiring a witness to produce a document in their possession.

Probative Evidence

Evidence that tends to prove something important in a case.

Material

Relevant evidence that has significant value in proving an important issue in a case.

Competent

Evidence that is legally acceptable; witnesses must promise to testify truthfully and generally testify to firsthand facts.

Best Evidence Rule

Requires original documents as evidence when available; copies may be used when originals are unavailable under permitted circumstances.

Hearsay Evidence Rule

Excludes out-of-court statements offered to prove the truth of what someone said or wrote, unless an exception applies.

Spontaneous Declarations Exception (Res Gestae)

Allows testimony about spontaneous statements made during an event or at the same time as an act.

Privilege (Privileged Communication)

Protection allowing certain statements to be withheld from evidence, such as information that could incriminate someone under the Fifth Amendment.

Motion for a New Trial

A request for a new trial, possibly due to excessive damages, new evidence, jury errors, or problems with evidence.

Remittitur

When a judge, with the plaintiff's consent, reduces a jury's excessively large monetary award.

Judgment

The final decision determining the rights of the parties and what relief is awarded.