Chapter 3- CL
About this set
Created by:
fiona25 on January 25, 2012
Subjects:
Description:
The Two Essential Elements
Classes:
Paralegals and Criminal Justice, Fortis Paralegal
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33 terms
Terms | Definitions |
|---|---|
 Mens rea | (Latin) A state of mind that produces a crime. |
| Specific Intent | An intent to commit the exact crime charged or the precise outcome of the act, not merely an intent to commit the act without an intention to cause the outcome. |
| Scienter | (Latin) Knowingly; with guilty knowledge. |
| Constructive | Inferred, implied, or presumed from the circumstances. |
| Transferred Intent | The principle that if an unintended illegal act results from the intent to commit a crime, that act is also a crime. |
| Strict Liability | Guilt of a criminal offense even if you had no criminal intention (mens rea). |
| Strict Liability Crimes | Crimes or offenses in which mens rea or criminal intent is not an element. Such offenses include regulatory crimes, petty offenses, and infractions. |
| Legislative History | The background documents and records of hearings related to the enactment of a bill. |
| Statutory Construction | Guidelines employed by judges in the interpretation of statutes that have developed and evolved over hundreds of years. |
| Vicarious Liability | Legal responsibility for the acts of another person because of some relationship with that person. |
| Corporate Liability | The liability of a corporation for the acts of its directors, officers, shareholders, agents, and employees. |
| Injunction | A judge's order to a person to do or to refrain from doing a particular thing. |
| Purposely | Intentionally; knowingly. |
| Knowingly | With full knowledge and intentionally; willfuly. |
| Recklessness | Indifference to consequences; indifference to the safety and rights of others. |
| Negligence | Under the MPC, a defendant acts negligently when the resulting harm or material element of a crime occurs because of the defendant has taken a substantial and unjustifiable risk, even if the risk is not perceived , so long as the risk involves a gross deviation from the standard of conduct that a law-abiding person would observe. |
| Element | A basic part. |
| Inference | A fact that is probably true because a true fact leads you to believe that the inferred fact is also true. |
| Presumption | An automatic assumption required by law that whenever a certain set of facts shows up, a court must automatically draw certain legal conclusions. |
| Motive | The reason why a person does something. |
| Actus Reus | (Latin) An act. The physical part of the crime; the act engaged in by the accused. |
| Omission | Failing to act when required to do so by criminal law. |
| Omissions as Acts | Generally acts are prohibited by Criminal Law. In some cases criminal law requires a person to act. |
| Legal Cause | The proximate cause of an injury. |
| Proximate Cause | The "legal cause" of an accident or other injury; not necessarily the closest. |
| Foreseeable | The degree to which the consequences of an action should have been anticipated, recognized, and considered beforehand. |
| Intervening Cause | A cause of an accident or other injury that will remove the blame from the wrongdoer who origionally set events in motion. |
| Malum in Se | (Latin). Crimes that are usually inherrently evil. (Murder, Rape, Arson). |
| Malum Prohibitum | (Latin). Not a crime of evil, ie, "just a criminal act." |
| Subjective Intent | Refers to motives, intentions, and desires that were in the defendant's mind at the time of the act took place. The Defendant Action Intent. |
| Objective Intent | A legal imposition upon the Defendant of what he/she should have known or believed at the time the incident occured. |
| Reasonable Person Standard | The Defendant is expected to know or believed what a reasonable person would have known at the time of the act. |
| Reasonable/Prudent Person | An ordinary, reasonably intelligent, sensible wise responsible person (Common Joe/Josephine). |
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