MV

key terms for test chapters 7 8 9

Assault and Battery

  • Page 188: Definition of Assault and Battery

    • Assault: An intentional act that creates a reasonable apprehension of imminent harmful or offensive contact.

    • Battery: The actual physical contact that results from the assault.

False Imprisonment

  • Page 190: Definition of False Imprisonment

    • False Imprisonment: The unlawful restraint of a person’s freedom of movement.

    • Key Elements: Must be intentional and the person must be confined in a bounded area without consent.

Defamation

  • Page 191: Definition of Defamation

    • Defamation: A false statement presented as a fact that injures a party’s reputation.

    • Types:

    • Libel: Written defamation.

    • Slander: Spoken defamation.

Invasion of Privacy

  • Page 193: Definition of Invasion of Privacy

    • Invasion of Privacy: The intrusion into the personal life of another without just cause.

    • Examples: Unauthorized use of someone's image, public disclosure of private facts, etc.

Negligence Per Se

  • Page 198: Definition of Negligence Per Se

    • Negligence Per Se: A doctrine that infers negligence from the violation of a statute.

    • Key Elements: Must show the existence of a statute, a breach of the statute, and that the breach caused the injury.

Actual Cause and Proximate Cause

  • Page 198: Definitions

    • Actual Cause (Cause in Fact): The actual cause of the injury; requires showing that but for the defendant’s act, the injury would not have occurred.

    • Proximate Cause: A legal cause that is directly linked to the injury and must be a foreseeable result of the defendant's action.

Chapter Eight: Strict Liability and Products Liability

  • Page 206: Definition of Strict Liability

    • Strict Liability: Liability that does not depend on actual negligence or intent.

    • Applicable in cases involving inherently dangerous activities or defective products.

  • Page 207: Products Liability

    • Products Liability: Legal liability of manufacturers and sellers for harmful products.

    • Includes doctrines such as strict liability, negligence, and breach of warranty.

Chapter Nine: Due Process

  • Page 215: Definition of Due Process

    • Due Process: Legal requirement that the state must respect all legal rights owed to a person.

    • Two types: Procedural due process and substantive due process.

Lesser Included Offenses

  • Page 221: Significance of Lesser Included Offenses

    • Lesser Included Offenses: Crimes that are composed of some, but not all, elements of a more serious crime.

  • Voluntary Manslaughter: Occurs when a person intentionally kills another without premeditation but under circumstances that mitigate the severity of the crime.

  • Involuntary Manslaughter: Unintentional killing resulting from criminal negligence or reckless behavior.

Mens Rea Standards

  • Page 224: Definitions

    • Knowingly: The individual is aware of their conduct and that it will likely cause a result.

    • Recklessly: The individual consciously disregards a substantial and unjustifiable risk.

    • Negligently: The individual fails to be aware of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of care.

Insanity Defense

  • Page 229: Overview of Insanity Defense

    • Insanity Defense: A legal defense asserting that individuals should not be held criminally responsible due to mental illness at the time of the crime.

Duress

  • Page 232: Definition of Duress

    • Duress: An unlawful threat or coercion used to compel someone to act in a certain way.

    • Key Factors: The threat must be imminent and serious, and the actor must have no reasonable alternative.

Double Jeopardy

  • Page 238: Definition of Double Jeopardy

    • Double Jeopardy: A constitutional protection against being tried for the same crime twice after an acquittal or conviction.

Rules of Criminal Procedure and Rules of Evidence

  • Page 244: Overview of Criminal Procedure

    • Legal processes governing the enforcement of criminal law.

  • Page 247: Stop and Frisk

    • Reasonable Suspicion: A legal standard that allows police to stop and question a person if there is reasonable belief they are involved in criminal activity.

  • Page 248: Chain of Custody and Probable Cause

    • Chain of Custody: The process of maintaining and documenting the handling of evidence.

    • Probable Cause: A reasonable ground to believe that a crime has been or will be committed.

Types of Motions

  • Page 250: Types of Legal Motions

    • Motion to Suppress: Requests to exclude certain evidence from a trial.

    • Motion to Dismiss: Requests to terminate a case for specified reasons.

    • Motion to Compel: Requests to force compliance with discovery.

    • Motion for Funds: Requests for financial assistance, often for an expert witness.

    • Motion for Change of Venue: Requests to move a trial to a different location.

    • Motion to Continue: Requests to postpone a trial or hearing.

    • Motion to Eliminate: Requests to exclude certain evidence or arguments from being presented.

  • Page 263: Fruit of Poisonous Tree Doctrine

    • Fruit of the Poisonous Tree: A legal metaphor used to describe evidence that is obtained illegally, rendering it inadmissible in court.

Charging the Jury

  • Page 265: Process of Charging the Jury

    • Charging the jury involves instructing them on the laws relevant to the case and outlining their responsibilities.

Habeas Corpus

  • Page 267: Definition of Habeas Corpus

    • Habeas Corpus: A legal principle that protects against unlawful and indefinite imprisonment. It allows a person to report an unlawful detention before a court.

Quiz Reminder

  • Quiz scheduled for the upcoming Monday.

  • Review relevant chapters and material as discussed in the notes.