Chapter 1: Ethics and Law
The values that govern a societies attitude toward right and wrong.
morality/morals
less severe crimes usually punishable by a fine or jail
misdemeanors
what is the Willful or malicious damaging of another's property?
vandalism
what is a wrong against an individual, a crime is a wrong against society?
a tort
what type of jurisdiction has the authority to hear the case for the first time?
original jurisdiction
“Do unto others what you would have them do to you”.
The Golden Rule
The 3 elements of a crime are:
1. The criminal Act itself
2. State of Mind
3. Motive
what is an unruly child?
a child that does something that would not be considered a crime if an adult did it
what is intentional torts?
a wrong that occurs when a person knows and DESIRES the consequences of his or her act.
In the state court system, what are the two other Courts that are listed as the lowest courts with Local Trial Courts?
General Trial Courts
Special courts
rules of conduct established by the government of a society to maintain stability and justice in the society are called______
Laws
what does malice mean?
evil intent!
explain Prima Faci evidence
evidence that you have on you is enough to legally establish a fact or case against you
in order to sue for libel, the permanent statement must be: (3 things)
1. damaging to reputation
2. FALSE
3. communicated to at least one other person
The Supreme court (Under the federal court system) has 2 types of jurisdictions. what are they?
Appellate and original
previous cases that allow judges to refer to when making decisions is called
The Doctrine of Precedent
give me the definitions of first-degree murder and second degree murder
First-degree murder: is intentional, willful, premeditated, and planned in advance.
Second-degree murder: is intentional but NOT premeditated or planned.
list all 4 defenses to crimes
1. Insanity
2. Entrapment
3. Self-Defense
4. Defense of Family Members
to succeed in a tort suit for negligence, the plaintiff must prove ALL ELEMENTS OF NEGLIGENCE. what are the 4 elements?
1.The defendant owed the plaintiff a Duty of Care
2.Breach of Duty: The defendant failed to act as a reasonable person would have and, therefore, did not use the degree of care required under the circumstances.
3. the proximate cause: negligence that shows that the plaintiff’s injury was a result of the defendant's actions
4.The plaintiff suffered actual harm or injury
During a Civil Trial Procedure, what is the first step that takes place?
selecting the jury!
Laws come from 5 different sources, what are they?
1. federal and state constitutions
2. Common Law (they used the Doctrine of Precedent)
3.Statutory Law
4. Court Decisions
5. Administrative Regulations
Larceny: Stealing. Taking of someone else’s property with the intent to own yourself.
Robbery: Stealing, from the person.
what is the difference between involuntary manslaughter and voluntary manslaughter?
involuntary: one person kills someone while committing an unlawful act, with no intent to kill
voluntary: one person INTENDS to kill while committing the act, to kill someone but does so suddenly because of distress (heat of passion)
Explain the Doctrine of Strict Liability
people engaged in dangerous activities will be held liable, regardless of how careful they were and regardless of their intent
state the Miranda Rights
You have the right to remain silent. Anything you say can and will be used against you in the court of law. you have the right to an attorney, if you cannot afford an attorney, one will be appointed to you. Do you understand these rights that I have just read to you? with these rights in mind, do you wish to speak to me?