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Crim Just 2-3
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36 cards·by jorjor
Actus reus
Latin for “evil act.” One of the four required components of a criminal act.
Administrative law
Body of law that governs the creation and function of state and federal government agencies.
American Law Institute standard
Combines the features of the M’Naghten rule and the irresistible impulse test to establish
that a defendant can be found criminally insane i
Attendant circumstances
The relationship between mens rea and actus reus. Refers to what happens within the context of
the act that makes it a crime.
Beyond a reasonable doubt
In order to convict a defendant of a crime, the court must find that there is little doubt
according to the reasonable-person standard.
Case law
Law that is created as a result of legal decisions by the court.
Civil law
Law that governs disputes between individuals or private parties and generally involves the
violation of private acts.
Concurrence
One of the four required components of a criminal act. Occurs when the mens rea and actus reus
join together in a crime.
Constitutional law
Law that is specified by either a state or the U.S. Constitution.
Defense
A strategy to justify, explain, or excuse criminal behavior.
Duress
A defense strategy that describes people who are forced to violate the law out of fear for their
own safety or the safety of others around t
Entrapment
A defense strategy that describes when an individual is deceived by a government official to
engage in an act that is against the law.
Guilty but mentally ill
Legal ruling that allows courts to hold an offender guilty for a crime but acknowledges the
issues of mental illness as a cause of the crimi
Innocence
Refers to a case where evidence excludes someone from having committed the crime.
Insanity
An individual is not held responsible for his or her criminal actions as a result of his or her
mental state.
Intent
Refers to the conscious decision to engage in a criminal act.
Intoxication
A criminal defense that uses being under the influence of drugs or alcohol as a justification
for offending.
Irresistible impulse test
One of the tests of the insanity defense. Expands the M’Naghten rule with the issue of control.
Describes the condition that even though an
Lex talionis
Latin term that refers to the theory that punishment should fit the crime. The concept derives
from ancient law and is referenced in biblica
M’Naghten rule
One of the standards of insanity. Refers to situations when the defendant is unable to
understand the difference between right and wrong at
Mala in se
Latin for crimes that are considered to be inherently wrong and therefore illegal.
Mala prohibita
Latin for crimes that are only illegal because they have been defined as such under the law.
Mens rea
One of the four required components of a criminal act. Latin for the “evil thought.” Refers to
the intent of an offender.
Model penal code test
Combines the features of the M’Naghten rule and the irresistible impulse test to establish
that a defendant can be found criminally insane i
Necessity
Refers to cases in which an individual had to break the law in order to prevent a more
significant harm from occurring.
Opinions
A written decision of the court. Focuses on issues of law that can be used as precedent in future
cases.
Plaintiff
A person who brings a suit in a civil case.
Precedent
Refers to the legal standard whereby future decision are required to take into consideration
previous rulings.
Preponderance of the evidence
The burden of proof in a civil case. Refers to when the totality of the evidence exceeds a 50%
likelihood that the law was violated.
Procedural criminal law
Provides the legal structure and rules by which cases should move through the system.
Result
Component of a crime that refers to the harm that is experienced as a result of the mens rea and
actus reus joining together.
Self-Defense
Defense strategy that allows for the use of force to defend oneself against an attacker.
Stare decisis
Latin for “to stand by things settled.” Refers to the system of precedent.
Statutory law
Laws that are established by governments.
Strict liability
Select cases where acts are crimes even if the individual lacked the mens rea or intent to
commit a crime.
Substantive criminal law
Defines what makes behavior a criminal act under the law.