Criminal Law
A crime is defined by what two elements?
Criminal Act AND Required State of Mind (Intent)
The McDonald's Coffee Case is an example of what type or tort?
Strict/Product Liability
This term refers to a defense in criminal law where a defendant claims they were induced by law enforcement officers to commit a crime they otherwise would not have committed.
What is Entrapment
The attempt to commit a battery
What is assault
A major crime punishable by imprisonment or death. Imprisonment is greater than 1 year.
What is a felony
Kissing someone who does not want to be kissed is considered what type of crime?
What is Battery
The penalty in a civil law (tort) case typically involves what to the injured party?
monetary damages or money
A legal defense that reduces the amount of damages a plaintiff can recover in a negligence claim. It's based on how much each party contributed to the incident.
What is comparative negligence
The entry into a building illegally with intent to commit a crime, especially theft.
What is burglary
A government attorney who presents the case in court against the person accused
what is a prosecutor
A minor violation that is generally only punishable by a fine of no more than $1,000.
What is an Infraction OR Petty Offenses
A person who commits a tort is known as?
What is a Tortfeasor
This defense argues that a plaintiff knowingly participated in an activity that involved inherent dangers, and therefore cannot hold the defendant liable for injuries sustained during that activity.
What is assumption of risk
This type of murder occurs when a person intentionally kills another without prior planning, often as the result of a sudden rage or impulsive act, but with the intent to cause death at that moment.
What is second-degree murder
This occurs when someone takes property that they legally possess and uses it for their own benefit, requiring them to pay for its full value.
What is conversion
What federal crime is betraying one's country, especially by attempting to kill the sovereign or overthrow the government?
What is Treason
4 Elements of Negligence
Legal Duty of Care, Breach of Duty, Proximate Cause, and Actual Harm
An insanity test that focuses ONLY on whether the defendant knew right from wrong or understood the nature of their actions, not if they have the ability to control their actions.
What is the M’Naghten Rule
Stealing another person's personal property with the intent to permanently deprive them of it
The defendant must have acted in a manner that fell below the required standard of care, meaning they failed to act as a reasonable person would have under the circumstances.
what is Breach of Duty
The Fifth Amendment of the Constitution guarantees that no person can be tried twice for the same crime, a principle known as double jeopardy. This is called?
What is Double Jeopardy
In order for a defamation case to be held in court, the statement must have the following three elements
Damage your reputation
Be false (actual malice)
Be communicated to a 3rd party
In Illinois, this legal standard allows an injured party to recover damages only if their fault in the injury or damage is less than 50%.
What is modified comparative negligence
This type of crime occurs when someone kills another person in the heat of passion or under the influence of extreme emotional disturbance, often without premeditation, in a moment of intense emotion.
What is voluntary manslaughter
Money exceeding compensatory damages to further punish the tortfeasor (defendant)
What is Punitive Damages