Study sets matching "criminal law chapter 8"
Study sets
Diagrams
Classes
Users
Larceny at Common Law
False Pretenses at Common Law
Embezzlement at Common Law
Receiving Stolen Property
The unlawful taking and carrying away of property of another w…
The obtaining money or property through misrepresentation. It…
A person in a position of trust converts the use of someone pr…
Knowingly receiving possession and control of property of anot…
Larceny at Common Law
The unlawful taking and carrying away of property of another w…
False Pretenses at Common Law
The obtaining money or property through misrepresentation. It…
Assault
Battery
Present Ability
Bodily Injury
attempted or threatened battery. A willful attempt or willful…
Unlawful physical violence inflicted on another without his or…
as used in assault statutes, a term meaning that the person at…
physical harm to a human being. In cases of assault and batter…
Assault
attempted or threatened battery. A willful attempt or willful…
Battery
Unlawful physical violence inflicted on another without his or…
Criminal attempts
Criminal conspiracy
Criminal solicitation
Inchoate offenses
trying but failing to commit crimes
making an agreement to commit a crime
trying to get someone else to commit a crime
from the Latin "to begin"; crimes that satisfy the mens Rea of…
Criminal attempts
trying but failing to commit crimes
Criminal conspiracy
making an agreement to commit a crime
mens rea
strict liability
statutory rape
Felony
the Latin term used by lawyers when they discuss the requireme…
the legal responsibility for damage or injury even if you are…
the act of unlawful sexual intercourse by an adult with someon…
a serious criminal offense punishable by a prison sentence of…
mens rea
the Latin term used by lawyers when they discuss the requireme…
strict liability
the legal responsibility for damage or injury even if you are…
Affirmative Defense
Burden of Proof
Burden of Going Forward (Production)
Burden of Persuasion
A defense that is more than a simple denial of the charges. It…
The requirement that to win a point or have an issue decided i…
The requirement that one side in a lawsuit produce evidence on…
The requirement that to win a point or have an issue decided i…
Affirmative Defense
A defense that is more than a simple denial of the charges. It…
Burden of Proof
The requirement that to win a point or have an issue decided i…
inchoate crime
Dangerous proximity tests
Dangerous persons tests
The all but the last act test
incomplete crimes... Criminal attempts, conspiracy and solicitati…
focus on dangerous conduct: they look at what remains for acto…
look at what actors have already done to demonstrate that they…
a strict test for whether "all but the last act" undertaken by…
inchoate crime
incomplete crimes... Criminal attempts, conspiracy and solicitati…
Dangerous proximity tests
focus on dangerous conduct: they look at what remains for acto…
Sodomy
Assault
Battery
Mayhem
Oral or anal copulation between people of the same or differen…
1. Attempted or threatened batter.... 2. A willful attempt or wil…
1. Unlawful physical violence inflicted on another without his…
the intentional infliction of injury on another that causes th…
Sodomy
Oral or anal copulation between people of the same or differen…
Assault
1. Attempted or threatened batter.... 2. A willful attempt or wil…
Affirmative Defenses
Justification
Excuses
Justification
Defenses in which the defendant typically possesses the burden…
Defenses to otherwise criminal acts that society approves and…
Defenses to acts thats deserve condemnation, but for which the…
-Perfect defense... -Imperfect defense... -Mitigating circumstances…
Affirmative Defenses
Defenses in which the defendant typically possesses the burden…
Justification
Defenses to otherwise criminal acts that society approves and…
Assault
Battery
Mayhem
Aggravated Battery
A physical attack
the crime or tort of unconsented physical contact with another…
the crime of maliciously injuring or maiming someone, original…
defendant intentionally touches or strikes another person and,…
Assault
A physical attack
Battery
the crime or tort of unconsented physical contact with another…
Criminal attempts
Criminal conspiracy
criminal solicitation
Inchoate crimes
trying but failing to commit crimes
making an agreement to commit a crime
trying to get someone else to commit a crime
Means "to begin": crimes that satisfy the mens rea of purpose…
Criminal attempts
trying but failing to commit crimes
Criminal conspiracy
making an agreement to commit a crime
Aggravated Assault
Aggravated Battery
Assault
Battery
An assault that is committed with the intention of committing…
A battery that is committed with the use of a deadly weapon, t…
Attempted or threatened battery. A willful attempt or willful…
(1) Unlawful physical violence inflicted on another without hi…
Aggravated Assault
An assault that is committed with the intention of committing…
Aggravated Battery
A battery that is committed with the use of a deadly weapon, t…
Dissolute
Double jeopardy
Duces Tecum
Duress
Loose of morals and conduct
Tried a second time for charge previously adjudicated.
Latin: "bring with," a subpoena for papers, etc.
Coercion of a person to do something against his will.
Dissolute
Loose of morals and conduct
Double jeopardy
Tried a second time for charge previously adjudicated.
1. The Sixth Amendment requires that fa…
2. In Ring v. Arizona, 536 U.S. 584 (20…
3. In Blakely v. Washington, the Suprem…
4. In Booker, the Court held that under…
a. jury
a. violated the Sixth Amendment's right of trial by jury
a. deliberate cruelty
a. jury trials in criminal cases
1. The Sixth Amendment requires that fa…
a. jury
2. In Ring v. Arizona, 536 U.S. 584 (20…
a. violated the Sixth Amendment's right of trial by jury
state of mind
mens rea
strict liability
statutory rape
what one is thinking (most crimes require that the person perf…
the Latin term used by lawyers when they discuss the requireme…
the legal responsibility for damage or injury, even if you are…
the act of unlawful sexual intercourse by an adult with someon…
state of mind
what one is thinking (most crimes require that the person perf…
mens rea
the Latin term used by lawyers when they discuss the requireme…
aggravated assault
aggravated battery
assault
battery
An assault that is committed with the intention of committing…
A battery that is committed with the use of a deadly weapon, t…
Attempted or threatened battery. A willful attempt or willful…
(1) Unlawful physical violence inflicted on another without hi…
aggravated assault
An assault that is committed with the intention of committing…
aggravated battery
A battery that is committed with the use of a deadly weapon, t…
Criminal Attempts
Criminal Conspiracy
Criminal Solicitation
Inchoate Offenses
trying but failing to commit crimes
making an agreement to commit a crime
trying to get someone else to commit a crime
from the Latin "to begin"; crimes that satisfy the mens rea of…
Criminal Attempts
trying but failing to commit crimes
Criminal Conspiracy
making an agreement to commit a crime
Benefit of the Clergy
Sanctuary
Capital Punishment
Cruel and Unusual Punishment
A medieval limit on capital punishment. (in the 15th century a…
In the middle ages in England, a sanctuary was a religious pla…
Inflicting deadly injury as punishment for criminal conduct
Under the 8th amendment, a limitation on punishment for crimin…
Benefit of the Clergy
A medieval limit on capital punishment. (in the 15th century a…
Sanctuary
In the middle ages in England, a sanctuary was a religious pla…
Benefit of clergy
Sanctuary
Capital Punishment
Cruel and Unusual punishment
medieval liimt on capital punishment ... recite psalm 51, aka Nec…
a religious place where criminals could take refuge; asylum fo…
inflciting deadly injury as punishment for criminal conduct
a limitation on punishment fro criminal conduct
Benefit of clergy
medieval liimt on capital punishment ... recite psalm 51, aka Nec…
Sanctuary
a religious place where criminals could take refuge; asylum fo…
Crime
Indictment
Presumption of Innocence
Acquitted
Public Injury
A formal document in which the government accuses a legal pers…
The presumption made about any criminal defendant prior to ver…
To be found not guilty of a crime
Crime
Public Injury
Indictment
A formal document in which the government accuses a legal pers…
Public Law
Ponzi Scheme
Preponderance of the evidence
Proof beyond a reasonable doubt
Concerns the relationship between individuals and their govern…
Fraudulent investing scheme in which a nonexistent company pay…
The evidentiary standard- burden of proof- that a plaintiff mu…
Burden of proof that the prosecutor must meet in order to conv…
Public Law
Concerns the relationship between individuals and their govern…
Ponzi Scheme
Fraudulent investing scheme in which a nonexistent company pay…
Tort
Rights to others
Intentional Tort
Assault
* A civil or personal wrong.... * Establishes standards of conduc…
Duty not to injure anothers... Duty not to interfere with the rig…
Intentionally interfering with one's person, reputation, or pr…
refers to an attempt or threat of violence- not actual violenc…
Tort
* A civil or personal wrong.... * Establishes standards of conduc…
Rights to others
Duty not to injure anothers... Duty not to interfere with the rig…
Criminal attempt
Criminal conspiracy
Criminal solicitation
Inchoate offenses
Trying but failing to commit crimes
Making an agreement to commit a crime
Trying to get someone else to commit a crime
From Latin "to begin"; crimes that satisfy the men's Rea of pu…
Criminal attempt
Trying but failing to commit crimes
Criminal conspiracy
Making an agreement to commit a crime
crime
penal code
regulatory statutes
felony
violation of a statute for which the government imposes a puni…
collection of criminal statutes
statutes such as environmental laws, securities laws, and anti…
most serious type of crime; an inherently evil crime. most cri…
crime
violation of a statute for which the government imposes a puni…
penal code
collection of criminal statutes
Battery
Assault
aggravated
Stalking
the actual physical impact on another person
as the threat of bodily harm that reasonably causes fear of ha…
something added to the crime
the intentional frightening of another through following, hara…
Battery
the actual physical impact on another person
Assault
as the threat of bodily harm that reasonably causes fear of ha…
aggravated assault
aggravated battery
assault
battery
An assault that is committed with the intention of committing…
A battery that is committed with the use of a deadly weapon, t…
Attempted or threatened battery. A willful attempt or willful…
(1) Unlawful physical violence inflicted on another without hi…
aggravated assault
An assault that is committed with the intention of committing…
aggravated battery
A battery that is committed with the use of a deadly weapon, t…