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Legal Term Ch 13
Ch 13
27
Law
Undergraduate 1
04/21/2013

Additional Law Flashcards

 


 

Cards

Term
Arson
Definition
The intentional and malicious burning of homes and other property. Ex: Jeff is an arsonist, and he burns down building for money so that the owner can collect insurance on that property.
Term
Rape
Definition
Sexual intercourse with a person against his or her consent.
Term
Mayhem
Definition
The intentional disfigurement or dismemberment of another. Ex: Jeff takes a razor blade to a woman's face and cuts her up. Even though she is not diabled, she is scarred for life by this act of mayhem.
Term
Robbery
Definition
Taking another person's property by the use or threat of force. Ex: Jeff pulls a gun on Anne and demands her wallet.
Term
Burglary
Definition
Breaking and entering into a home or other structure to steal its contents or to commit a felony.
Term
Kidnapping
Definition
The forcible capture, transfter and retention of a person against his or her will.
Term
Assuault & Battery
Definition
The fear of unlawful touching in addition to the actual touching of someone against his or her will.
Term
Theft
Definition
Stealing money or other personal property.
Term
Perjury
Definition
Lying under oath.
Term
Subordination of Perjury
Definition
Enticing or forcing someone else to commit perjury. Ex: Anne witnesses a murder but testifies that she saw nothing, because Jeff told her that if she tells the truth in court, he will kill her family. Jeff is commiting the subordination of perjury.
Term
Bribery
Definition
Paying or giving something of value to a person in exchange for a violation of the duties of his or her public office. Ex: Jeff knew his housing plans would not pass the county requirements, so he paid the county offier $5,000 to issue a building permit.
Term
Conspiracy
Definition
A group of two or more people planning and acting together to commit a crime.
Term
Forgery
Definition
The unauthorized signing of someone else's name or the altering of a document that was already signed.
Term
Disorderly Conduct
Definition
A generic type of statue that prohibits actions deemed offensive to the morals of society. Ex: Women participating in the solicitation of prostitution are examples of people who are engaging in disorderly conduct.
Term
Disturbing the Peace
Definition
Statues that prohibit fighting, gang activites, and other conduct that violates society's quiet enjoyment. Ex: Jeff throws a wild party and the music in the house disturbs the whole neighborhood.
Term
Homicide
Definition
The killing of a human being by another human being.
Term
Justifiable Homicide
Definition
A death sanctioned by law, or for which the law will take no action. Ex: Jeff pulls a knife and attempts to kill Anne. In self-defense, Anne pulls a gun and shoots Jeff. The killing is justifiable murder if it was really self-defense.
Term
Murder
Definition
The unjustified killing of another with malice aforethought. Ex: The killer intended to kill someone and thought about it for months before commiting the act.
Term
Felony-Murder Rule
Definition
Holds that if a death occurs during the commission of certain felonies, the death will be considered murder. Ex: Jeff is robbing a store. The owner of the store becomes to scared that he dies of a heart attack. Jeff will be charged with first degree murder under this rule.
Term
Manslaughter
Definition
The unjustified killing of another without malice aforethought. Ex: Tom finds his wife in bed with another man. He becomes so enraged in the moment that he kills both of them.
Term
First Degree Murder
Definition
The willful, deliberate and premeditated killing of another with malice aforethought. Ex: Tom finds his wife in bed with another man. He follows the other man home the next day with a gun and shoots the man.
Term
Second Degree Murder
Definition
The unjustified killing of another with malice aforethought but without premeditation or deliberation. Ex: Jeff punches Tom repeatedly and doesn't intend to kill him, but Tom dies.
Term
Voluntary Manslaughter
Definition
An unjustified killing committed while in the heat of passion. Ex: Tom finds his wife in bed with another man and kills them both in the heat of the moment. He did not premeditate.
Term
Involuntary Manslaughter
Definition
The unjustified killing of another during the commission of a misdemeanor of by doing something lawful in such a dangerous and carless manner that death results. Ex: A man is playing with a gun and doesn't realize it is loaded-- it is, and it fires and shoots someone, killing him.
Term
M'Naughten Rule
Definition
Holds that a person is legally insane if he or she can't tell right from wrong. Ex: Jeff tells his friend John, who has a low IQ, to go get a few liquor bottles from the store and bring them to him. John, not realizing that he is stealing, thinks he is just doing what his friend told him to do.
Term
Durham Rule
Definition
Holds that a person is legally insane if the unlawful act was the product of a mental disease or defect. Ex: Tom has delusions. He knows right from wrong, but he commits criminal acts believing that they are necessary for him to commit in order for him to stay alive.
Term
Diminished Capacity
Definition
Holds that if a defendant suffers from a defect that reduces his or her mental state, that person's criminal liability is reduced. Ex: Tom is so intoxicated that he kills his friend on accident. Because of him diminished capacity, Tom might be tried for manslaughter instead of murder.
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