Sources of Law
The primary document which sets the basic functions of state government and names additional rights to state citizens beyond those named in the federal constitution
What is a state constitution?
The injured party in a civil suit
What is a plaintiff?
This differs from a jury trial in that it only involves the judge's determination of guilt, not a jury of peers.
What is a bench trial?
Prosecuting someone twice for the same offense
What is double jeopardy?
When someone who has been charged with multiple offenses that result in multiple sentences, and the time is added up to a larger total rather than served concurrently
What is consecutive sentencing?
As opposed to "mala in se," where something is wrong because it is morally unjustifiable, this latin term refers to actions that are wrong only because of laws or written rules
What is mala prohibita?
Personal injury claims, as opposed to other types of civil suits
What are torts?
People who assist the offender in escaping punishment or responsibility after the crime has been completed
What are accessories after the fact?
A defense used when a person is persuaded by law enforcement to commit a crime they would not have otherwise committed
What is entrapment?
A common type of sentencing that involves time incarcerated followed by time supervised on parole, rather than purely parole or purely incarceration
What are split sentences?
Laws that, once implemented, apply retroactively to all past offenses and consequences
What are ex post facto laws?
Where the defendant accuses the plaintiff of responsibility for harm caused
What is a cross-suit?
This latin term refers to the mental state, or intention of wrongdoing, of the offender
What is mens rea?
A defense that focuses on the prosecution's inability to prove guilt
What is a negative defense claim?
A defined length of time, typically set by state laws, that an offender must be incarcerated or paroled if found guilty of certain crimes
What is a mandatory minimum?
A law that is written in such a way that the government declares a person or group of people to be guilty of perceived crime(s) and carries out punishment without the benefit of a trial. Such laws are explicitly banned by the US Constitution
What is a bill of attainder?
The burden of proof that a civil suit is required to meet, which differs from that of a criminal trial
What is Preponderance of the Evidence (51%)?
This latin term refers to the behaviors that constitute a criminal act, regardless of one's intentions
What is actus reus?
Where the defendant admits to the act, but argues they should not be held criminally responsible due to the circumstances or other justifications
What is affirmative defense?
What is restitution?
This doctrine states that past interpretations of a law by the courts form precedents that govern the interpretations of that law in future cases
What is stare decisis?
Suits that enjoin or "stop" the defendant from continuing in a specific action until the suit is settled
What is injunctive relief?
Crimes that are incomplete, or actions that are taken towards committing a crime even if the crime itself is not completed
What is inchoate crime?
A case that results in reduced severity of charges or sentencing, rather than full dismissal or acquittal of charges
What is an imperfect defense?
Factors determined by a judge to indicate the offender or offense is less serious than other similar crimes
What are mitigating factors?