History of Law
What term refers to a person's failure to act when the law requires action?
Omission
In NC, is the crime of "rape" applied equally amongst all sexes/genders?
No (not a gender neutral state)
True/False: A private citizen may legally use any level of force whatsoever when faced with a threat of violence from another person.
False (must be proportionate to threat)
A person can be charged with a crime based on their speech even though freedom of speech is protected by what Amendment?
1st Amendment
Is an honest mistake of age a valid defense in NC for Statutory Rape of a 13, 14, or 15 year old?
No
Rules of conduct inherent to human nature (discovered through human reason, intuition, or inspiration, and they decrease need for man-made laws)
Natural Law
Which type of possession: You leave your computer in your car, have locked your car, have your keys in your pocket, and are in your classroom. Passive? Actual? Constructive?
Constructive
An affirmative defense (seeks to show why the defendant should not be held accountable) must be initiated by whom?
The Defendant/Defense Attorney
Deliberate obstruction of or embarrassment to a court of law; conduct intended to degrade the role of a judicial officer in administering justice is?
Contempt of Court
The unlawful removal of a person from the place where he or she is found, against that person’s will, and by force, fraud, threats, or some other form of intimidation is?
Kidnapping
This type of law is derived from customs, traditions and judicial precedent instead of written statutes. (Connected with early English courts and is considered the first source of law in the United States)
Common Law
Fighting Words
What type of defense can you argue if you break into an abandoned housed in the middle of nowhere after your car breaks down, during a snowstorm?
Necessity
Any government official who, acting under color of law or in an official capacity, exceeds the bounds of his office, has engaged in?
Intentionally and unlawfully restraining, detaining or otherwise restricting someone's freedom of movement without that person's consent is?
False Imprisonment
What is a law which criminalizes behavior, convicts and sanctions a person or specific group of people without due process or judicial proceeding?
A Bill of Attainder
In NC, forced sexual contact other than forced sexual intercourse is?
Sexual assault
What doctrine says that a person does not have to retreat when confronted with violence in their home/vehicle/work place, allows lawful use of whatever force is necessary to protect themselves, and justifies the use of deadly force if the intruder is to commit a felony?
Castle Doctrine
Offering or accepting ANYTHING of value to sway an official decision or cause a government official to change behavior in a questionable manner is?
Bribery
Intentional, repeated frightening or harassment of another person by following, annoying, contacting, tormenting, or terrorizing that person is?
Stalking
What are the 3 sources of US law?
US/State Constitution
Common Law
State General Statutes/Regulations
Mental competency can be called into question based on what two things?
1) Incapable of understanding proceeding, 2) Cannot assist in their own defense due to mental disease/defect
What defense admits that an act/crime occurred, but that it was done to avoid greater harm (ex: self-defense)?
Justification
A person who willfully gives false sworn testimony in a legal proceeding has committed?
Perjury
Simple (misdemeanor) assault in NC can occur in what two ways?
1) Unlawful touching/battery, 2) Creating a real fear of immediate harm