The
Basics
Basics
Unwritten rules that are inherent in the fabric of society
What is Norms
Law that is legitimately created and enforced by governments (not Latin Term)
What is Positive Law
A violation punishable by a fine, but not incarceration
What is an infraction
Acts that are wrong in and of themselves
What is mala in se
An activity that increases the risk of harm
What is reckless behavior
Ethical principles of human conduct of right and wrong meant to guide human behavior
What are morals
Another name for Criminal Law
What is Penal law
An offense that was originally defined to protect the family and related institutions
What is a morals offense
This means "Let the decision stand"
What is Stare Decisis
Possession with awareness of what one possesses
What is knowing possession
Any act or omission in violation of penal law and made punishable by that state in a judicial proceeding
What is a crime
Rules of conduct inherent in human nature, knowable through intuition, inspiration, and reason
What is Natural Law
A crime that warrants more than a year in a state or federal prison is called this
What is a Felony
A legal term for some one's state of mind during an act
What is Mens Rea
A thoughtful, conscious intention to perform a specific act in order to achieve particular result
What is Specific Intent
A body of rules or conduct proscribed by a controlling authority and having binding legal force
What is the law
The body of previous decisions, or precedents, that judges use for deciding or weighing merits of new cases.
What is Case Law
A crime that warrants less than a year in jail, usually a local confinement facility
What is a Misdemeanor
This means "a guilty act" in violation of the law
What is Actus Reus
If an unintended act results from and intended action during the commission of a crime, then it becomes this
What is Transferred Intent
Unwritten, but generally known rules that govern serious violations of the social code
What are Mores
Law originating from use and custom rather than from written statutes
What is Common Law
This is another name for a violent crime
What is a Personal Crime
This means "something that is illegal because the written law says so" , that is, because there is a statute against it
What is Mala Prohibita
The ability to exercise control over property or objects, even though they are not in one's physical custody
What is constructive possession