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29 Cards in this Set
- Front
- Back
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Clear and Convincing
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A flexible term concerning the degree of proof required for certain issues in some civil cases. It is less than the degree required in criminal cases, but more than that required in the ordinary civil action.
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Common Law
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A system of law that does not rest its authority upon any express statutes, but derives its force and authority from universal consent and immemorial usage.
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Contract
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an agreement between competent parties, upon legal consideration, to do or abstain from doing some act.
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Crime
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a flexible term for violations of law that are punished by the state or nation because of their effect on the public.
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Ex post facto
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Made after the occurrence; any law that makes criminal an act that was innocent when done, or that inflicts a greater punishment than the law annexed to the crime when committed.
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Felony
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A type of crime that is of a relatively serious nature; usually various offenses for which the maximum penalty can be death or imprisonment, regardless of such lesser penalty that may be imposed.
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Mala in Se
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Acts that are wrong in and of themselves, whether prohibited by human law or not.
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Mala Prohibita
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Acts that are prohibited by human laws, not necessarily wrong in and of themselves.
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Misdemeanor
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Any crime or offense not amounting to a felony.
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Preponderance of the Evidence
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Sufficient evidence to overcome doubt or speculation.
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Statutory Law
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Law created by, or depending upon, a statute, as distinguished from common law rules.
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Beyond a Reasonable Doubt
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not a mere possible doubt,...but the state of the case which...leaves the minds of the jurors in that condition that they...feel and abiding conviction of the truth of the charge.
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What are the 3 factors that determine what behavior should be made criminal?
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1. the enforceability of the law
2. the effects of the law 3. the existence of other means to protect society against undesirable behavior |
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What does the 10th ammendement to the United States consitution say?
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The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states respectively, or to the people.
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What are the 2 elements necessary to establish an ex post facto claim?
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1. the law must apply to events occuring before its enactment
2. it must disadvantage the offender affected by it. |
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Name some examples of mala in se crimes.
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Murder
Rape Arson Burglary Larceny |
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What are the two crime classifications according to the nature of the crime?
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1. Mala in se
2. Mala Prohibita |
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In what three ways are crimes categorized according to their degree?
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Felonies
Misdemeanors Treason |
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What is the only crime described in the constitution?
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Treason
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Which is considered a more severe crime. A felony or treason? Why?
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Treason because those who commit treason threaten every existence of the nation.
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What is the usual minimum sentence for a felony charge?
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A year and a day
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What is the usual maximum sentence for a misdemeanor charge?
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364 days
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When does the defedant have the burden of proof?
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When they are claiminag an affirmative defense such as self defense, entrapment, alibi, or insanity.
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What is the burden of proof required in a tort case?
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Preponderence of the evidence
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What is the burden of proof required in a criminal case?
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Beyond a reasonable doubt
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When the defense has the burden of proving an affirmative defense, how must they do so?
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by clear and convincing evidence
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Criminal Law
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The branch or division of law that defines crimes, their elements, and provides for their punishment.
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where lies the origins of present day crimes?
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Common law
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What are the objectives of criminal law in a free society?
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Make it possible for individuals to coexist in society
Define the wrongs that are considered necessary to protect the individuals Define the method of determining guilt or innocence Designate the type of punishment or treatment following conviction for violating laws |
