Mens Rea
A mental state in which someone is not aware of a substantial and unjustifiable risk
AND
A reasonable person would have been aware of the risk
What is negligently?
The part of a judicial decision in which the court states its ruling in the case.
What is the holding (or disposition)?
This refers to the first ten Amendments to the Constitution
What is the Bill of Rights?
These acts are considered "inherently evil"
What is mala in se?
This type of crime, which consists of "being" a certain condition such as a drug addict, has repeatedly been found unconstitutional by the Supreme Court.
What is a status offense?
A mental state in which a person's actions are intention or deliberate and done with a conscious objective to cause a result
What is purposefully?
The part of a decision in which one or more justices disagree with the outcome of the case and explain their reasoning.
What is a dissent?
The Constitution creates these three branches of government.
What are the legislative branch, the executive branch and the judicial branch?
This body of judge-made law developed over time in England beginning in about 1300 AD and still influences American law today.
What is common law?
This term refers to "a failure to act."
What is an omission?
A crime that doesn't require a mens rea
What is strict liability?
The part of a case that identifies where the case can be found.
What is the case citation?
Fighting words, incitement to riot, and obscenity are all examples of conduct that can be regulated by government, despite the protection of this Constitutional Amendment.
What is the First Amendment?
This advisory document created by a panel of lawyers, judges and scholars provides a template of criminal law that states may choose whether to reference.
What is the Model Penal Code?
This criminal 'act' involves knowledge of an object's presence, control over an object and knowledge of the character of an object.
What is possession?
A mental state in which a person is aware that his or her conduct is likely to bring about a result (even though that result is not the goal of the action)
What is knowingly?
This is the part of an opinion where a judge agrees with the outcome of the case but writes separately to explain her reasoning.
What is a concurrence?
What is the Supreme Court?
Unlike criminal law, this branch of law protects individual interests, rather than the public.
What is civil law?
According to this rule, a person does not typically have an affirmative duty to intervene to stop a harm.
The American Bystander Rule
This mental state exists when:
A person consciously disregards a substantial and unjustifiable risk
AND
This is a gross deviation from the standard of conduct of a law-abiding person in his or her situation
What is recklessly?
If a case name contains the names of two people or organizations (e.g. roe v. wade) and neither one is part of the government, you are likely looking at this type of case.
What is a civil case?
This has only happened 27 times since the Constitution was adopted.
What is an Amendment to the Constitution?
These are crimes that are punished by a maximum of less than a year in prison.
What are misdemeanors?
This is defined as "a bodily movement that is a product of conscious choice"
What is a voluntary act?