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Criminal Law

Marcia Bedard

This chapter discusses many areas of law, including the history of law, the sources of law, why we have laws, and the different types of law. We will also look at the elements a a criminal law violation.

substantivecriminallaw law that comes from usage and custom rather than written statutes.
law violation of the law
procedurallaw written or codified laws
felony guilty mind, intent
malainse "body of the crime"
criminallaw judicial precedent, which serves as a guide to decision making in the courts
criminalnegligence behavior in which a person fails to take reasonable precautions or takes unjustifiable risks of dangerous consequences
caselaw the only crime listed in the US Constitution
statutorylaws a person's reason for committing a crime
inchoateoffense early Roman law that distinguished public law and private law
magnacarta one of the first known bodies of law
misdemeanor modern law that concerns itself with offenses against society, members of society, their property, and the social order.
civillaw "let the decision stand"
twelvetables guilty act
concurrence criminal offense punishable by death or incarceration in prison facililty at least one year
naturallaw a clear link between the act and the harm
treason actus reus and mens rea coexist
offense a crime not yet committed, consists of an action toward commission of an offense
staredecisis part of the law that tells us the methods to be used in enforcing substantive law
corpusdelicti rules of conduct inherent in human nature, these are known through the use of reason without the need for man-made laws.
ruleoflaw part of the law that defines crimes and specific punishments
commonlaw acts that according to tradition and convention, are thought to be wrong
mensrea written promise from King that meant British citizens were guaranteed basic liberties
motive offense punishable by incarceration in a local facility limited to a year or less
actusreus activity which increases the risk of harm
malaprohibita rules of conduct
USConstitution law that governs relationships between parties--divorce, child custody, wills, unfair hiring practices, etc.
administrativelaw law of the land, defines the rights of individuals
recklessbehavior regulates the activities of industry, business, and individuals
causation society must be governed by principles, which everyone must obey--especially those who enforce the law
codeofhammurabi acts that are wrong only because there is a law against them

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