Untitled Flashcards Set

Actus Reus

The physical act or unlawful omission that constitutes a criminal offense, as distinguished from the requisite mental state.

Adjudication

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

Affirmative Defense

A defense in which the defendant bears the burden of proving a fact that negates or mitigates liability, even if the prosecution’s claims are true.

Alibi

A defense asserting that the accused was at a different location at the time of the alleged crime, rendering commission of the offense impossible.

Appellate Jurisdiction

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

Article III Courts

Courts established under Article III of the U.S. Constitution, including the Supreme Court and other federal courts vested with judicial power.

Assault

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

Battery

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

Bill of Rights

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

Burden of Persuasion

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

Burden of Production

The duty to introduce sufficient evidence on an issue to avoid dismissal or an adverse ruling.

Burglary

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

Castle Doctrine

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

Causation

A necessary element in criminal and tort law that establishes a direct link between the defendant’s actions and the resulting harm.

Code of Hammurabi

One of the earliest known legal codes, enacted in ancient Babylon, establishing laws and corresponding punishments.

Common Law

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

Concurrence

The legal requirement that the criminal act (actus reus) and mental state (mens rea) must occur simultaneously to establish criminal liability.

Conflict Theorists

Scholars who argue that laws reflect the interests of powerful social groups rather than a general societal consensus.

Consensus Theorists

Scholars who believe that laws arise from a general agreement among members of society about moral and social norms.

Consent

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

Conspiracy

An agreement between two or more individuals to commit a criminal act, accompanied by an overt act in furtherance of the plan.

Constitution

The foundational legal document establishing the framework of government and the fundamental rights of individuals within a jurisdiction.

Contributory Negligence

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

Corpus Delicti

The principle requiring proof that a crime has occurred before an individual can be convicted of committing it.

Court of Appeals Act of 1891

The legislation that created the U.S. Courts of Appeals, establishing an intermediate appellate system between district courts and the Supreme Court.

Crime Control Model

A perspective in criminal justice that emphasizes the suppression of crime through swift and efficient law enforcement procedures.

Disorderly Conduct

A broad offense that criminalizes behavior that disrupts public order, such as fighting, unreasonable noise, or obscene gestures.

Diversity of Citizenship

A basis for federal court jurisdiction when parties to a lawsuit are from different states or countries and the amount in controversy exceeds a statutory threshold.

Double Jeopardy

The constitutional protection under the Fifth Amendment that prohibits an individual from being prosecuted twice for the same offense.

Dual-Sovereignty Doctrine

A legal principle allowing different levels of government (state and federal) to prosecute an individual for the same act without violating double jeopardy.

Due Process

A constitutional guarantee ensuring fair treatment under the law through proper legal procedures.

Due Process Model

A perspective in criminal justice prioritizing individual rights and formal legal procedures over efficiency in crime suppression.

Durham Rule

A legal test for insanity that absolves a defendant of criminal liability if their unlawful act was the product of mental illness.

Ex Post Facto Laws

Laws that retroactively criminalize actions that were legal at the time they were committed, prohibited by the U.S. Constitution.

Excuse Defense

A legal defense in which the defendant admits to committing a crime but argues they should not be held liable due to extenuating circumstances, such as insanity or duress.

Felony Murder

A legal doctrine that holds individuals criminally liable for murder if a death occurs during the commission of a felony, regardless of intent.

Fundamental Rights

Basic constitutional protections, such as free speech, due process, and equal protection, that are considered essential to a free society.

General Jurisdiction

The authority of a court to hear and decide cases on a wide range of legal matters.

Geographic Jurisdiction

The authority of a court to hear cases arising within a specific geographic area.

Gideon v. Wainwright (1963)

A landmark Supreme Court case that established the right to court-appointed counsel for indigent defendants in felony cases.

Grand Jury

A panel of citizens that determines whether sufficient evidence exists to indict a suspect and proceed to trial.

Habeas Corpus

A legal writ requiring a person’s imprisonment or detention to be justified before a court.

Harm

The injury or damage that results from a criminal or tortious act.

Hierarchical Jurisdiction

The authority of a court based on its level in the judicial system, such as trial courts, appellate courts, and supreme courts.

Homicide

The killing of one person by another, which may be lawful or unlawful depending on the circumstances.

Incorporation

The legal doctrine by which provisions of the Bill of Rights are applied to state governments through the Fourteenth Amendment.

Indictment

A formal accusation issued by a grand jury charging an individual with a criminal offense.

Information

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

Insanity

A legal defense asserting that the defendant lacked the mental capacity to understand the wrongfulness of their actions at the time of the offense.

Involuntary Commitment

The legal process by which an individual is confined to a psychiatric institution against their will due to a mental health condition that poses a risk to themselves or others.

Irresistible Impulse Test

A legal test used to determine criminal responsibility, focusing on whether the defendant was unable to control their actions due to a mental illness, even if they knew the act was wrong.

Judicial Review

The power of courts to examine the constitutionality of legislative and executive actions, established in Marbury v. Madison (1803).

Judiciary Act of 1789

A statute that established the structure and jurisdiction of the federal judiciary, including the creation of lower federal courts.

Jurisdiction

The legal authority of a court to hear and decide cases, typically determined by geographic area, subject matter, or the parties involved.

Justification Defense

A legal defense in which the defendant admits to committing the act but argues it was necessary to prevent a greater harm, such as self-defense or necessity.

Larceny

The unlawful taking and carrying away of someone else’s property with the intent to permanently deprive them of it.

Law

A system of rules established and enforced by governmental institutions to regulate behavior and ensure justice.

Legislation

The process of enacting laws or statutes by a governing body, such as a legislature or parliament.

Limited Jurisdiction

The authority of a court to hear only certain types of cases, such as small claims or traffic violations, as defined by law.

Magistrate Judges

Judicial officers who assist district judges in federal courts by handling preliminary matters, such as pretrial motions, hearings, and bail.

Mala in Se

Crimes that are considered inherently wrong, such as murder or rape, and are universally recognized as offenses against moral standards.

Mala Prohibita

Crimes that are not inherently immoral but are prohibited by law, such as traffic violations or regulatory offenses.

Malice Aforethought

The mental state required for a charge of first-degree murder, indicating that the defendant acted with deliberate intent to kill or cause serious harm.

Manslaughter

The unlawful killing of another person without malice aforethought, typically classified as voluntary or involuntary based on the circumstances.

Marbury v. Madison (1803)

A landmark Supreme Court case that established the principle of judicial review, empowering the judiciary to invalidate unconstitutional laws.

Mens Rea

The mental state or intent of the defendant at the time of committing a criminal act, necessary to establish criminal liability.

Miranda Warnings

The legal requirement that law enforcement inform a suspect of their rights to remain silent and to have an attorney during custodial interrogation, established in Miranda v. Arizona (1966).

Model Penal Code

A comprehensive set of criminal law guidelines drafted by the American Law Institute to standardize and clarify criminal law principles across jurisdictions.

Motive

The reason or incentive behind a defendant’s actions, though not required to establish criminal liability, can be relevant in understanding the crime.

Murder

The unlawful, premeditated killing of another person with malice aforethought, typically classified as first-degree, second-degree, or felony murder based on the intent and circumstances.

Negligence

The failure to exercise the standard of care that a reasonable person would in similar circumstances, resulting in harm or injury to another person.

No-Fault Divorce

A legal process allowing for divorce without the need to prove fault, such as adultery or abuse, simply requiring a breakdown in the marriage.

Nuisance Doctrine

A legal principle allowing individuals to seek remedy for disturbances to their property or enjoyment of life, caused by another’s unreasonable use of land or property.

Ordinary Care

The degree of caution and concern an average person would exercise in a given situation to prevent harm to others.

Original Jurisdiction

The authority of a court to hear a case for the first time, rather than on appeal.

Overbreadth Doctrine

A constitutional principle stating that laws are unconstitutional if they prohibit a broad range of protected conduct, going beyond what is necessary to achieve their objective.

Oversight

The process by which legislative bodies or other governmental entities supervise and review the activities and decisions of executive and judicial branches.

Penumbra

The implied rights that are not explicitly stated in the Constitution but are inferred from other rights, such as the right to privacy inferred from the First, Third, Fourth, and Ninth Amendments.

Personal Jurisdiction

The authority of a court to hear a case involving a particular defendant, based on the defendant’s connections to the forum state.

Plaintiff

The party initiating a civil lawsuit, seeking relief or damages for harm caused by the defendant.

Precedent

A legal principle established in a previous case that serves as a guide for judges in deciding subsequent cases involving similar facts or legal issues.

Presumption of Innocence

A fundamental principle of criminal law that ensures a defendant is considered innocent until proven guilty beyond a reasonable doubt.

Probable Cause

A reasonable belief, based on facts or evidence, that a crime has been committed or that evidence of a crime will be found in a particular place, justifying a search or arrest.

Product Test

A legal test used to determine whether a defendant’s conduct was the proximate cause of a particular harm or injury.

Proof Beyond a Reasonable Doubt

The standard of evidence required to convict a defendant in a criminal trial, meaning there is no reasonable doubt that the defendant committed the offense.

Proof by a Preponderance of the Evidence

The standard of proof in civil cases, where the plaintiff must show that their claims are more likely true than not.

Proximate Cause

The primary cause in a chain of events leading to harm, establishing a direct link between the defendant’s actions and the injury suffered by the victim.

Punitive Damages

Damages awarded in a civil case, beyond compensatory damages, intended to punish the defendant for particularly egregious conduct and to deter others from similar actions.

Rape

The unlawful and non-consensual sexual intercourse or other sexual penetration, typically involving force or the threat of force.

Retreat Doctrine

A legal rule requiring a person to retreat, if safely possible, before using deadly force in self-defense, unless they are in their own home

Right of Appeal

The legal right of a party to challenge a lower court’s decision in a higher court, seeking a review and possible reversal of the decision.

Right to Counsel

The constitutional right of an accused individual in a criminal case to have legal representation, either hired or appointed, under the Sixth Amendment.

Rule of Four

A Supreme Court practice that requires at least four justices to vote in favor of hearing a case for it to be granted certiorari.

Rule of Law

The principle that all individuals and government entities are subject to and accountable under the law, ensuring fairness, justice, and equality.

Self-defense

A justification defense permitting the use of force, including deadly force, to protect oneself from imminent harm or threat, with the force used being proportionate to the threat.

Solicitation

The act of urging, requesting, or commanding another person to commit a criminal act, with the intent that the crime be carried out.

Sovereign Immunity

The legal doctrine that prevents a sovereign government or its officials from being sued without its consent, unless it waives that immunity.

Stare Decisis

The doctrine that courts should follow precedents established in previous rulings to ensure consistency and stability in the law.

Strict Liability

A legal doctrine in which a defendant can be held liable for committing a particular act, regardless of intent or mental state, especially in cases involving public safety or regulatory offenses.

Strict Scrutiny

The highest standard of judicial review applied to laws or policies that discriminate based on race, ethnicity, or fundamental rights, requiring a compelling government interest and narrow tailoring.

Subject Matter Jurisdiction

The authority of a court to hear and decide cases based on the type of case or legal issues involved.

Substantive Due Process

The constitutional principle that protects certain fundamental rights from government interference, even if the procedures followed are fair.

Substantive Law

The body of law that defines the rights and duties of individuals and governs how legal disputes are resolved, as opposed to procedural law.

Suspect Classification

A legal term referring to certain categories or classes of people, such as race or national origin, that are subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment.

Tort Law

The area of law dealing with civil wrongs and injuries, allowing victims to seek compensation for harm caused by others' negligence or intentional acts.

Transferred Intent

A legal doctrine under which a defendant's intent to harm one individual can be transferred to another person who is harmed by the defendant’s actions.

Trial de Novo

A new trial conducted in a higher court when the original trial's decision is appealed or when a lower court’s ruling is challenged.

Unlawful Assembly

A gathering of people with the intent to engage in unlawful activities or to cause a disturbance, which can be dispersed by law enforcement.

Venue

The geographical location or court district where a case is heard, determined by factors such as where the crime occurred or where the parties reside.

Void for Vagueness

A constitutional doctrine under which a law is struck down because it is unclear or lacks sufficient detail, making it impossible for individuals to understand what conduct is prohibited.

Writ of Certiorari

A Supreme Court order directing a lower court to send the record of a case for review, granted only in cases of significant legal importance or issues of national interest.

Writ of Habeas Corpus

A legal order demanding that a person who is detained be brought before a court to determine if their detention is lawful.