Ch 1
What is the definition of criminal law and civil law?
Criminal law-an offense against society
Civil law- an offense against an individual
In the most basic sense, what does the commerce clause say?
- Congress has the power to regulate interstate commerce
The doctrine of judicial review allows the judicial branch to make decisions concerning other branches of government.
What are the 3 purposes of criminal law?
1.) to punish defendant
2.) to deter defendant and others
3.) to rehabilitate
True or false: Freedom of speech is a fundamental right for both natural persons and commercial persons.
True
What is the burden of proof in criminal and civil law
Criminal: beyond a reasonable doubt
Civil: by a preponderance of the evidence
What is the "landmark case" concerning the Commerce Clause?
Gibbons VS Ogden
"jurisdiction" can have two meanings; what are they?
2.) refers to authority
Define specific intent
"the intent to both commit an act and cause the harm"
What constitutional amendment protects against unreasonable searches and seizures? (search and arrest warrants)
4th
What are the requirements for a case to be a precedent?
1.) prior decision
2.) of a higher court
3.) in the same jurisdiction
Explain how the ruling of Wickard VS Filburn expanded congresses power under the commerce clause?
- the court ruled that Congress can regulate intrastate commerce if it has the potential to directly affect interstate commerce
What type of alternative dispute resolution can a court not force the parties to engage in? Why?
arbitration- The constitution guarantees the right to a fair and impartial jury
What is the difference between mens rea and actus reus
Mens rea- mental state/intent element
actus reus- action/wrongful act
Do Miranda warnings have a reasonable person or reasonable belief standard?
reasonable person
-just
-fair
When does the court use strict scrutiny?
What does the strict scrutiny require?
- When a fundamental right (freedom of speech) is being regulated
1.) The government must have a substantial (compelling) interest to be advanced by the regulation
2.) Whether the regulation directly advances the interest
3.) Whether the regulation can achieve its purpose
If you were standing in a courtroom, how could you distinguish it between an appellate court and a trial court?
An appellate court has:
-no jury box
-no witness stand
-up to 9 judge seats
"the intent to commit an act, the likelihood of which will result in harm"
What type of intent leads to the over-criminalization of society?
constructive
What is the threshold requirement in equity? In other words, what must you do to petition a court of equity?
The petitioner must demonstrate there is no adequate remedy at law.
In short, what does the Privileges and Immunities Clause in the constitution say?
-You cannot treat citizens of your state differently from citizens of other states unless you have a substantial reason to do so (ex-out of-state tuition)
In order for a court to hear a case, the court must have _________jurisdcition and __________ jurisdiction over the case.
Personal/property jurisdiction and subject matter jurisdiction
What three defenses of a crime do not attack/defend against the intent element?
1.) alibi 2.)immunity 3.) statute of limitations 4.) infancy 5.) automatism and compulsion 6.) mistake of fact 7.) intoxication 8.) insanity 9.) duress 10.) entrapment 11.) necessity
Alibi, immunity, and statute of limitations
What are [state's] police powers?
-1oth amendment of the constitution
-“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”