Chapter 3 Review

528 words - 3 pages

1. Explain the four categories of the rules of law?
a. Public/administrative law
i. Deals with the state and gvt and its relationship with individuals or other gvt’s (human rights, department of education)
b. Procedural law/criminal law
i. Define operation of criminal proceedings
ii. Cover everything from investigation until sentencing
c. Substantive criminal law
i. Crime and their punishment
ii. Involves issues such as mental and physical elements of crime
1. Involves excuse, justification defenses
2. Goals: enforce social control, deter criminal behavior, maintain social order
iii. Defines crime- rules and regulations that govern the pretrial process and behavior of criminals
iv. Includes first ten amendments- original source of criminal law
d. Civil law
i. All law that is not criminal law
1. Rules between private parties
ii. Personal wrongdoings
iii. Person files a tort- personal wrongdoing for which an action for damages may be brought- leads to civil liberty
iv. Leads to fines

2. What is the principle of Stare Decisis?
a. “to stand by decided cases”
b. Requires judges to base decisions on previously made rulings

3. Please explain the elements of a crime:
a. Actus reus- act of committing the crime
b. Mens reus- guilty mind; the mental element of a crime or the intent to commit a criminal act

4. Please explain what strict liability refers to:
a. Illegal act whose elements don’t contain actus reus or mens reus
b. Endangers the public welfare

5. Please explain excuse defenses and justification defenses:
a. Defense
i. Actions were a mistake or they were unaware that the behavior was a crime...

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