Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
What is a tort?
Non criminal wrong in which the wronged party can sue for damages.
Difference between a crime and a tort.
- Crime: ends in a conviction
- Tort: Ends with money settlement
punishable by fine and/orconfinement in the local jail for up to 1 year.
Punishable by death or confinement in a state's prison for 1 year to life without parole.
Malum in se
Crime is inherently evil. "immoral in it's nature, and injurious in its consequences"
Not evil but only wrong because a statute says it is.
General part v. Special part of the law.
- General consist of principles that apply to more than one crime.
- Special defines specific crimes and arranges them into groups according to subject matter.
Criteria to qualify for criminal punishment.
- 1.have to inflict pain or other unpleasant consequences.
- 2. Have to prescribe a punishment in the same law that defines the crime.
- 3.Have to be Administered Intentionally
- 4.The state has to administer them.
Reasons for criminal punishment.
Retribution: pay back for crime
Deterrance: Prevent future crimes.
- The principle that binds courts to stand by prior decisions and to leave undisturbed settled pointsof law.
- (Standing by precedents of the past)
What is Apellent and Apellees?
- Apellent: Party appealing the case.
- Apellees: Parety appealed against.
Possible court decisions.
- 1. Affirmed- Upheld Court opinion
- 2. Reversed-Overturned Decision
- 3.Remanded-Overtuned decision and sent it back to Apellate court.
7 Principles of Western Criminal Law
- 1) legally proscribed (legality)
- 2) human conduct (actus reus)
- 3) causative (causation)
- 4) of a given harm (harm)
- 5) which conduct coincides(concurrence)
- 6) with a blameworthy frame of mind (mens rea)
- 7) and is subject to punishment (punishment)
What is a citation?
Case footnote. Lets you find the full case file. Biblyography
Principle of Legality.
- 1.Fairness- must know the law was a law
- 2.Liberty- must understand the law
- 3.Democracy- Laws must be made by elected officials
- 4.Equality- treat equally to an extent
- 1.Criminalizes an act that was innocent when it was committed.
- 2. Increases the punishment for a crime after the crime was committed.
- 3.Takes away a defense that was avaliable to the defendant when the crime was committed.
Void for Vagueness.
States that a law must be clear where a reasonable person would understand it.
What is Strict Scrutiny and
Home > Flashcards > Print Preview