Criminal Law
Adversarial system
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Clear and Convincing evidence
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Criminal Liability and the Essence of Crime
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Moral
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Morals offenses
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Norms
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Personal crime
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Property crime
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Public order offense
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Substantive criminal law
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concurrence
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substance law
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Civil Law
1 : Roman law esp. as set forth in the Code of Justinian
Mala in se
Wrongs in themselves; acts morally wrong; offenses against conscience.
Natural Law
a body of law or a specific principle of law that is held to be derived from nature and binding upon human society in the absence of or in addition to positive law
Mores
harmful to the moral welfare of society
Burden of proof
he responsibility of producing sufficient evidence in support of a fact or issue and favorably persuading the trier of fact (as a judge or jury) regarding that fact or issue
Procedural
of or relating to procedure [sentence reversed as result of error in sentencing "National Law Journal "] compare substantive
Criminal Law
public law that deals with crimes and their prosecution compare civil law NOTE: Substantive criminal law defines crimes, and procedural criminal law sets down criminal procedure. Substantive criminal law was originally common law for the most part. It was later codified and is now found in federal and state statutory law.
Stare decisis
the doctrine under which courts adhere to precedent on questions of law in order to insure certainty, consistency, and stability in the administration of justice with departure from precedent permitted for compelling reasons - See more at: http://dictionary.findlaw.com/definition/stare-decisis.html#sthash.3vawPEoy.dpuf
Statutory Law
the law that exists in legislatively enacted statutes esp. as distinguished from common law compare common law
treason
the offense of attempting to overthrow the government of one's country or of assisting its enemies in war
Police power
the power of a government to exercise reasonable control over persons and property within its jurisdiction in the interest of the general security, health, safety, morals, and welfare except where legally prohibited (as by constitutional provision)
Due Process of law
1 : a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles called also procedural due process 2 : a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual called also substantive due process NOTE: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states "no person shall...be deprived of life, liberty, or property, without due process of law," and in the Fourteenth Amendment, which states "nor shall any state deprive any person of life, liberty, or property without due process of law." The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior to the government's deprivation of one's life, liberty, or property, and an opportunity to be heard and defend one's rights to life, liberty, or property. Substantive due process is a limit on the government's power to enact laws or regulations that affect one's life, liberty, or property rights. It is a safeguard from governmental action that is not related to any legitimate government interest or that is unfair, irrational, or arbitrary in its furtherance of a government interest. The requirement of due process applies to agency actions. 3 : the right to due process [acts that violated due process ] - See more at: http://dictionary.findlaw.com/definition/due-process.html#sthash.l8LgJOYs.dpuf
Penal Law
1 : a law prescribing a penalty (as a fine or imprisonment) for one who violates it
Crime
1 : conduct that is prohibited and has a specific punishment (as incarceration or fine) prescribed by public law compare delict, tort 2 : an offense against public law usually excluding a petty violation see also felony, misdemeanor NOTE: Crimes in the common-law tradition were originally defined primarily by judicial decision. For the most part, common-law crimes are now codified. There is a general principle "nullum crimen sine lege," that there can be no crime without a law. A crime generally consists of both conduct, known as the actus reus, and a concurrent state of mind, known as the mens rea. 3 : criminal activity
Jurisdiction
1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case.
Misdemeanor
: a crime that carries a less severe punishment than a felony -
Felony
: a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor ;specif : a federal crime for which the punishment may be death or imprisonment for more than a year see also attainder , treason NOTE: Originally in English law a felony was a crime for which the perpetrator would suffer forfeiture of all real and personal property as well as whatever sentence was imposed. Under U.S. law, there is no forfeiture of all of the felon's property (real or personal) and such forfeiture is not part of the definition of a felony. For certain crimes, however (as for a conviction under the Racketeer Influenced and Corrupt Organizations Act or a narcotics law), specific property, such as that used in or gained by the crime, is subject to forfeiture. Every state has its own statutory definition of a felony. Most are in line with the federal definition of a felony as a crime which carries a sentence of imprisonment for more than one year or the death penalty (where applicable). Other states, like Louisiana, define a felony as a crime which carries a sentence of death or imprisonment at hard labor.
Bill of Rights
: a summary of fundamental rights and privileges guaranteed to a people against violation by the government
Jurisprudence
: a system or body of law [in the federal ] ;esp : a body of law dealing with a specific issue or area [labor ] b : the course of court decisions as distinguished from legislation and doctrine [the decided under the source provisions "Louisiana Civil Code "] 2 : the science or philosophy of law
rule of law
: an authoritative legal doctrine, principle, or precept applied to the facts of an appropriate case 2 : government by law : adherence to due process of law
Case Law
: law established by judicial decisions in cases as distinguished from law created by legislation called also decisional law
Infraction
: the act of infringing : violation
Actus reus
: the wrongful act that makes up the physical action of a crime see also crime compare mens rea
Criminalize
: to make criminal : outlaw
Model Penal Code
A comprehensive recodification of the principles of American criminal responsibility
Mala prohibita
A term used to describe conduct that is prohibited by laws, although not inherently evil.
Common Law
a body of law that is based on custom and general principles and embodied in case law and that serves as precedent or is applied to situations not covered by statute [the common law of torts]: as a : the body of law that was first developed in the English courts of law as distinguished from equity and that allows for particular remedies (as damages or replevin) [in suits at common law ...the right of trial by jury shall be preserved "U.S. Constitution amend. VII"] compare equity b : the body of law developed in England that is the basis of U.S. federal law and of state law in all states except Louisiana
Law
a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority:
tort
a wrongful act other than a breach of contract that injures another and for which the law imposes civil liability
