Nature of Law
A rule of conduct, usually enacted in the form of a statute, that proscribes or mandates certain forms of behavior
What is the definition of law
This type of legal violation only requires "a preponderance of evidence" to show fault
Civil Offense
The three essential elements of a crime:
Actus Reus
Mens Rea
Concurrence
The defense that the defendant could not have committed the offense because they were somewhere else at the time of the crime
Alibi
This amendment guarantees a defendant the right to a speedy trial
6th Amendment
The “law on the books“ i.e.; written or codified law resulting from legislative action
What is statutory law?
Criminal Offense
Define "Actus Reus"
The Criminal Act
In this defense, the defendant admits to committing the act, but claims it was necessary to avoid some greater evil
Justification
This defense claims there was an improper or illegal inducement to commit the crime by agents of law enforcement, therefore creating a crime where there otherwise would have been none
Entrapment
Name one purpose of laws in society
Laws maintain order in society.
Laws regulate human interaction.
Laws enforce moral beliefs.
Laws define the economic environment.
Laws enhance predictability.
Laws support the powerful.
Laws promote orderly social change.
Laws sustain individual rights.
Laws redress wrongs.
Laws identify wrongdoers.
Laws mandate punishment and retribution.
This type of law is derived from traditional customs rather than written law
Define Mens Rea
The Guilty Mind
The claim that the defendant needed to inflict harm on another to ensure their own safety or the safety of another in the face of near-certain injury or death
Self Defense
Defense of Others
This rule prohibits trying a person a second time for the same crime
Double Jeopardy
The phrase "no one is above the law" refers to?
The rule of law
This document contains all of the written laws for the state of Ohio
Ohio Revised Code
Define "Concurrence"
The Actus Reus and Mens Rea must both be present for a crime to have occurred
This defense claims the defendant was tricked into consuming an intoxicating substance, which created an altered mental condition
Involuntary Intoxication
This rule may apply if several individuals are suspected of a crime, but not all are actively prosecuted
Selective Prosecution
This man famously wrote: "We are a nation of laws, and not men"
John Adams
This type of law sets precedent that other courts must follow
Case Law
"Corpus Delicti"
"The Body of the Crime"
A certain result has been produced
A person is criminally responsible for its production
In this insanity defense rule, the defense must establish that the defendant either did not know what they were doing, or did not know the behavior was wrong
The M'Naghten Rule
This defense claims actions by prosecutors gave the government an unfair advantage or prejudice the rights of a defendant or witness
Prosecutorial Misconduct