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Criminal law
Criminal law 1st year
75
Law
Post-Graduate
09/07/2009

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Cards

Term
Actus Reus
Definition
"guilty act", wrongful act that comprises the physical components of the crime
Term
Mens Rea
Definition
"Guilty Mind", crminal intent
Term
Malum in Se
Definition
"Evil in itself" the act is wrong in it's self
Term
Malum Prohibitum
Definition
"wrong prohibited" wrong because of statute
Term
Felony
Definition
serious crime, punishable by 1 year or more in prison, burglary arson rape murder
Term
misdemeanor
Definition
a lessor crime
Term
The Corpus Delicti
Definition
"Body of the Crime" the fact of the transgression
Term
intended results docterine
Definition
Term
doctrine of contributary causes
Definition
Term
Homicide
Definition
The killing of one person by another
Term
Murder
Definition
The killing of a human being with malice aforethought
Term
First Degree Murder
Definition
willful deliberate, or premeditated, or commited during the course of a felony
Term
Second degree Murder
Definition
Murder that is not aggravated by any of the circumstances of first degree
Term
Manslaughter
Definition
The unlawful killing of a human being without malic aforethought
Term
Voluntary Manslaughter
Definition
murder reduced to manslaughter because of extenuating circumstances like heat of the moment
Term
Involuntary Manslaughter
Definition
lacks intent for grevious bodily harm or intent to kill, but is commited with criminal negligence or during a crime
Term
Malice Aforethought
Definition
Mental state encompassing, intent to kill or inflict grevious bodily harm or extreme reckless indifferenct to value of human life or intent to commit felony
Term
Willful
Definition
Voluntary and intentional
Term
Deliberation
Definition
The act of carefully considering the issues and options before taking action
Term
Premeditation
Definition
Conscious consideration and planning
Term
Actual Cause or Cause in Fact
Definition
The cause without which the event would not have occurred
Term
Proximate Cause
Definition
The cause that is reasonably sufficient to to result in liabitlity
Term
Assault
Definition
The threat or use of force on another that causes them to have apprehension of immediate harmful or offensive contact
Term
Battery
Definition
The use of force against another that results in harmful or offensive touching
Term
False Imprisonment
Definition
A retraint of a person in a bounded area without justification
Term
Kidnapping
Definition
Forcible abduction
Term
Rape
Definition
Unlawful sexual intercourse
Term
Statutory Rape
Definition
unlawful sex with a person under age of consent
Term
Sodomy
Definition
Oral or anal copulation
Term
Mayhem
Definition
The crime of Maliciously injuring a persons body
Term
Burglary
Definition
Common law breaking and entering building at night with the intent to commit a felony.
Term
Statutory Burglary
Definition
The act of breaking and entering and building with intent to commit a felony
Term
Arson
Definition
The malicious burnig of someones dwelling
Term
Statutory Arson
Definition
intentional and wrongful burning of anothers property
Term
Larceny
Definition
The act of taking anothers property with the intent of not returning it
Term
Larceny by trick or deceit
Definition
misleads owner by misrepresentation to give up property
Term
Obtaining property by false pretense
Definition
cheating, by false symbol or token
Term
Embezzlement
Definition
the fraudulent taking of anothers property of who it was entrusted
Term
FIRAC
Definition
FACTS
ISSUE
RULE OF LAW
ANALYSIS
CONCLUSION
Term
MATERIAL FACT
Definition
FACTS WHICH HAVE LEGAL CONSEQUENCES
Term
ELEMENTS OF A CRIME
Definition
ACTUS REUS
CAUSATION
MENS REA
MITIGATION FACTORS
DEFENSES
Term
CASE HEADING
Definition
NAMES OF PARTIES
CITATION, VOLUME PAGE NUMBER
NAME OF COURT
DATE DECISION WAS REACHED
Term
HEAD NOTE
Definition
FOLLOW HEADING SUMMARIZES ALL KEY POINTS PRECEDE TEXT OF JUDICIAL DECISION
Term
PROCEDURE
Definition
THE METHODE OF PROCEEDING TO ENFORCE A LEGAL RIGHT
Term
ANALOGY
Definition
IF SIMILAR IN SOME RESPECTS THEN SIMILAR IN OTHERS
Term
SYLLOGISM
Definition
TWO PREMISES WITH UNIQUE TERMS BROUGHT TOGETHER IN CONCLUSION
Term
COMMON LAW ACTION
Definition
LAW THAT WILL LIE WITHOUT STATUTE
Term
FORM OF ACTION
Definition
LEGAL METHOD
Term
ENGLISH COMMON LAW
Definition
UNWRITTEN LAW OF ENGLAND
Term
FEDERAL COMMON LAW
Definition
FEDERAL COURT DECISIONS
Term
ERIE DOCTRINE
Definition
FEDERAL COURTS APPLY
STATE SUBSTANTIVE LAW
FEDERAL PROCEDURAL LAW
Term
EQUITY
Definition
FAIRNESS OF LAW
Term
CAUSE OF ACTION
Definition
CIRCUMSTANCE THAT ALLOWS ONE TO BRING AN ACTION
Term
REMEDY
Definition
A MEANS TO ENFORCE A RIGHT
Term
JUSTICE
Definition
TITLE
OR PROPER ADMINISTRATION OF SOCIETAL LAWS
Term
QUESTION OF FACT
Definition
ISSUE INVOLVING AN ISSUE OF FACTUAL DISPUTE
Term
QUESTION OF LAW
Definition
INVOLVES THE QUESTON OF LAW IN THE PROVINCE OF THE JUDGE
Term
LEGAL FICTION
Definition
SITUATION CONTRIVED BY LAW OR CIRCUMSTANCE TO SUPPORT THE RESOLUTION OF A LEGAL QUESTION
Term
CONCLUSION OF LAW
Definition
judicial determination that may be deemed conclusions of law
Term
ratio decidendi
Definition
THE POINT IN THE CASE WHICH DETERMINES OUTCOME
Term
PREMEDIATION
Definition
TO THINK OUT OR PLAN BEFOREHAND
Term
ACTUAL CAUSE OR FACT
Definition
CAUSE WHICH STARTS OR IGNITES
Term
PROXIMATE CAUSE
Definition
THIS IS THE ACTUAL ACT THAT IS UNBROKEN IN EVENTS THAT CAUSES HARM TO INDIVIDUAL
Term
THE INTENDED RESULTS DOCTRINE
Definition
DESIRED RESULT EVEN IF THERE WERE INTERVENING EVENTS
Term
THE DOCTRINE OF CONTRIBUTORY CAUSES
Definition
WHEN MORE THAN ONE CAUSE BRINGS ABOUT A RESULT THEN BOTH ARE RESPONSIBLE
Term
THE CORPUS DELECTI
Definition
BODY OF THE CRIME OR PRIMA FACIE OF THE CASE
Term
ROBBERY
Definition
LARCENY FROM A PERSON BY THE USE OF VIOLENCE OR INTIMIDATION
Term
RECEIVING STOLEN PROPERTY
Definition
ACQUISITION OF CONTROL OR STOLEN PROPERTY WITH WRONGFUL INTENT
Term
EXTORTION
Definition
CORRUPT COLLECTION OF FEES BY THOSE IN AUTHORITY
Term
BLACKMAIL
Definition
UNLAWFUL EXTRACTION OF MONEY OR OTHER VALUABLES BY MEANS OF A THREAT
Term
RAPE
Definition
UNLAWFUL SEXUAL INTERCOURSE WITH A WOMAN WITHOUT HER CONSENT
Term
STSTUATORY RAPE
Definition
SEXUAL INTERCOURSE WITH AN UNDER THE AGE FEMALE
Term
SODOMY
Definition
SERIOUSLY DEVIATE OR UNNATURAL BEHAVIOR
Term
MAYHEM
Definition
MALICIOUS MAIMING OF ANOTHER
Term
FALSE IMPRISONMENT
Definition
THE UNPRIVILEDGED RESTRAINT OF ANOTHER PERSONS FREEDOM OF MOVEMENT
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