Shared Flashcard Set

Details

Criminal Law
Bar Exam Review
33
Law
Professional
02/21/2011

Additional Law Flashcards

 


 

Cards

Term
Battery
Definition
Intentional Unlawful contact with another, offensive or harmful contact
Term
Assault
Definition
intentional creation of reasonable apprehension of imminent bodily harm, more than words
Term
Aggrevated Assault
Definition
Intentional creation of reasonable apprehension of imminent bodily harm with a weapon or with intent to maim, kill, or rape
Term
Premeditated Murder
Definition
premeditated and with knowledge or intent that will kill
Term
Felony Murder
Definition
Killing occurring during the commission of a felony
Term
2nd Degree Murder
Definition
Killing with malice aforethought that is neither premeditated nor during a felony
Term
Voluntary Manslaughter
Definition

Killing that is provoked-

reasonable person would be provoked,

was provoked, No time to cool-off, did not in fact cool off before committing 

Term
Involuntary manslaughter
Definition
Killing that is a result of negligence, or as a result of illegal activity that there is reasonable foreseeability of death
Term
Rape
Definition
slightest penetration by force, trickery, threat, w/o valid consent
Term
Statutory Rape
Definition
Strict Liability rape
Term
False Imprisonment
Definition
Wrongful confinement w/o valid consent and D has knowledge of no way out
Term
Kidnapping 
Definition
Some movement or concealment is secret place
Term
Larceny
Definition
The taking and carrying away of personal property of another with intent at the time taken to permanently deprive the other of property
Term
Embezzlement
Definition
Lawful possession followed by intentional conversion with intent to deprive permanently
Term
False Pretenses
Definition
obtaining title to property of another by false statement of fact with intent to defraud the other
Term
Robbery
Definition
taking and carrying away of property of another in their physical presence by force or threat of imminent force with intent to permanently deprive
Term
Extortion
Definition
Same as robbery except by threat of future force or exposing information
Term
Burglary
Definition
Breaking and entering the dwelling of another with intent to commit a felony
Term
Arson
Definition
Malicious burning of another's dwelling (charring required- smoke damage is not enough)
Term
Forgery
Definition
Altering a writing w/ legal significance so it is false w/ intent to defraud
Term
Malicious Mischief
Definition
Malicious destruction of another's property
Term
Merger
Definition
solicitation, attempt, conspiracy- all merge into completed act
Term
Aiding and Abetting
Definition
must actually aid and intend to aid
Term
Attempt
Definition

1) Intent to act in a way that is criminal

2) does act that unequivocally shows intent to commit.  

Term
Possession
Definition
Only long enough to terminate possession, need not be physically on person, in an area that is within control- ignoring knowledge that something is criminal is not a defense
Term
Malice
Definition
Ignoring an obvious or high risk that particular harm will occur
Term
Conspiracy
Definition

An agreement between 2 or more persons, intent to enter into the agreement, intent to achieve criminal objective

Overt act required.  

Term
Solicitation
Definition
Inciting, counseling, advising, or commanding another commit a crime with the intent the person commit the solicited crime.  
Term
Attempt
Definition
Requires an overt act beyond mere preparation.  Specific intent required- must have intent to ____.  
Term

Model Penal Code Insanity (WI)

Burden on Defendant to Prove

Definition

If mental disease or defect causes D to lack substantial capacity to

appreciate the criminality of conduct

Conform conduct to reqs of law

 

Must appreciate

and be able to conform conduct

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