Criminal Law
The standard of proof in a criminal trial.
What is beyond a reasonable doubt?
The standard of proof in a civil case.
What is a preponderance of the evidence?
The questioning of a witness by the lawyer that called that witness to the stand.
What is direct examination?
Murder that was done with malice and was premeditated.
What is first-degree murder?
Similar to a crime in criminal law. In civil law, a breach of some obligation, causing harm or injury to someone or someone's property.
What is a tort?
The Latin term for a guilty state of mind when you commit a crime.
What is mens rea?
The defendant with the most money and the best ability to pay and is the most likely to be sued by the plaintiff.
What are deep pockets?
A court that hears cases after they have first been tried in a lower court.
What is an appeals court?
If someone is killed during a serious crime like arson or robbery you can be charged with this even if the person died accidentally or even if another person killed them.
What is felony murder?
DAILY DOUBLE!!! A lawsuit brought on behalf of a large group. For example, all owners of a 2020 Volkswagen Jetta.
What is a class action?
Crimes that do not require a guilty state of mind like selling alcohol to a minor.
What is strict liability?
DAILY DOUBLE!!! A type of tort where a defendant is engaged in an activity so dangerous that there is a risk of harm even if they act with the utmost care, like constructing a building in a downtown.
What is strict liability?
DAILY DOUBLE!!! When lawyers from both sides examine and question possible jurors to decide who should be on the jury.
What is the voir dire?
DAILY DOUBLE!!! Killing in which there is no intent to kill at all, usually from reckless conduct. For example waving a loaded gun around at a party and it accidentally fires killing someone.
What is involuntary manslaughter?
When lawyers charge a client a percentage of the money the client wins but do not charge them if they lose.
What is a contingency fee?
This party to a crime cannot be charged with the same crime as the principal.
What is an accessory after the fact?
In order to prove causation you have to show this, that the harm would not have occurred without the wrongful act. For example Mrs. O'Leary placing the lantern so close to the cow's leg.
What is cause in fact?
A settlement in a criminal case that avoids a trial in exchange for the defendant admitting guilt in exchange for a lesser sentence.
What is a plea bargain?
Killing that is done with malice but without premeditation. For example, killing someone in a bar fight.
What is second-degree murder?
A way to settle disputes outside of court where both parties agree to have a third party listen to their arguments and make a decision for them.
What is arbitration?
This category of crimes, for example attempt, can be punished even if the harm never occurred, but they require proof of criminal intent.
What are inchoate or preliminary crimes?
To determine negligence, we imagine how an idealized person would act in the same situation and judge the person's behavior in comparison to that.
What is the reasonable person standard?
A lawyer can remove a person from the jury without stating a reason but lawyers only have a limited amount of them.
What is a peremptory challenge?
Killing that would be seen as murder except that it occurred after the victim did something that would cause a reasonable person to lose self control. The killing must occur before a "cooling off" period.
What is voluntary manslaughter?
A defense to a negligence suit, when a person voluntarily encounters a known danger and they engage in the dangerous conduct anyway. For example, swimming past a danger sign.
What is assumption of risk?