CM Law in American Society Midterm
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Created by:
chrissymcelroy on February 28, 2011
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Chrissy's Law in American Society Midterm Study Cards
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16 terms
Terms | Definitions |
|---|---|
 public law | law that affects society as a whole |
| 3 types of public law | criminal, constitutional, administrative |
| crime | an offense against society, established by legislature; state/society is the victim |
| types of crime | treason, misdemeanor, felony, summary offense |
| treason | waging war against the country or aiding the enemy; only crime defined in the constitution; penalty ranges from 5 years in jail to death |
| felony | ex.-murder, arson, robbery; penalty is more than one year in jail |
| misdemeanor | ex.- simple assault, trespassing, destruction of property; penalty is less than one year in jail |
| summary offense | ex.-traffic ticket; penalty is a fine |
| actus reus | must prove that defendant committed crime |
| mens rea | criminal intent (committed crime; state of mind) |
| due process | fundamental fairness; limitation on government; cornerstone of our legal system; found in 5th amendment |
| types of due process | substantive and procedural |
| substantive law | actual law; defines rights and duties; ex.- can't yell fire in a public place |
| procedural law | method and means of enforcing the law |
| substantive due process | laws must be fundamentally fair |
| test for substantive due process | 1. does it serve public interest? 2. is it overly broad? 3. is it too vague? |
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