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PS 317 > FINAL > Flashcards

FINAL Flashcards

1
Q

What are the four purposes of criminal law?

A
  • Deterrence
  • Rehabilitation
  • Incapacitation
  • Retribution (punishment)
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2
Q

What are the two basic elements of a crime?

A
  • mental element

- physical element

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3
Q

What is the term for a guilty state of mind?

A

Mens Rea

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4
Q

What are the four states of mind that fulfill the mens rea requirement?

A
  • Purposefully
  • Knowing
  • reckless
  • Negligent
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5
Q

What is the term for the physical aspect of a crime?

A

Actus Reus

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6
Q

Murder, battery, assault, and rape are crimes committed against who?

A

people

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7
Q

Burglary, embezzlement, or receiving stolen property are crimes against what?

A

Property

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8
Q

Hate crimes, vagrancy, and disorderly conduct are crimes against who?

A

Public

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9
Q

The most serious category of a crime that is punishable with a minimum of one year in jail is known as what?

A

A felony

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10
Q

A category of a crime with a maximum sentence of one year is known as what?

A

A misdemeanor

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11
Q

A category of a crime with a maximum penalty of 6 months in jail is known as what?

A

A Petty Offense

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12
Q

A reckless or intentionally harmful/offensive touching of another that is both a crime and a tort is known as what?

A

Battery

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13
Q

Placing another in apprehension of fear of an imminent battery that is both a crime and a tort is known as what?

A

Assault

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14
Q

Unlawful taking, confinement, and carrying away of another person by threat/force/fraud/deception is known as what?

A

Kidnapping

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15
Q

The intentional interference with another person’s liberty through force or threat without authority is known as what?

A

False Imprisonment

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16
Q

The unlawful entry of a structure or building for the purpose of committing a felony inside is known as what?

A

Burglary

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17
Q

The taking of the life of another human being is known as what?

A

Homicide

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18
Q

The highest form of homicide where the act was premeditated, willful, and deliberate is known as what?

A

First Degree Murder

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19
Q

Any homicide that is not first degree or manslaughter is known as what?

A

Second Degree Murder

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20
Q

Diminished capacity, self defense, and duress are what?

A

Defenses to criminal charges

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21
Q

Nothing done under valid public authority is a crime unless the authority is what?

A

Exceeded or abused

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22
Q

What are the two privileges of preventing crime?

A
  • intervene for the purpose of preventing

- defend person or property

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23
Q

What is it called when one who is without fault uses nondeadly force to avoid being harmed by another?

A

Self-defense

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24
Q

What are the two theories about using deadly force?

A

Retreat or no retreat

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25
Q

The use of nondeadly force must not what?

A

Excess what is necessary for the situation

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26
Q

Deadly force is not proper if for the protection of what?

A
  • uninhabited realty

- personal property

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27
Q

The castle doctrine is a set of self defense laws that refer to what?

A

Your property

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28
Q

Stand your ground self defense does not require what?

A

A duty to retreat before using deadly force

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29
Q

A person who actually engaged in the illegal act that constitutes the offense is known as what?

A

A principal in the first degree

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30
Q

A person who aided, commanded, or encouraged the principle and was present at the crime is known as what?

A

Principal in the second degree

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31
Q

A person who assisted or encouraged, but was not present is known as what?

A

Accessory before the fact

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32
Q

A person with knowledge that the other committed a felony, assisted him to escape arrest or punishment is known as what?

A

Accessory after the fact

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33
Q

The unlawful confinement of a person without his valid consent is called what?

A

False Imprisonment

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34
Q

Unlawful killing of a human being with malice aforethought is known as what?

A

Murder

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35
Q

Malice aforethought exists with one of how many states of mind?

A

4

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36
Q

Reckless indifference to an unjustifiably high risk to human life leads to what?

A

Depraved heart murder

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37
Q

A killing that would be murder, but for the existence of adequate provocation is known as what?

A

Voluntary manslaughter

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38
Q

A killing that is committed with criminal negligence, that is the defendant was grossly negligent or during the commission of an unlawful act is known as what?

A

Involuntary manslaughter

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39
Q

The fourth amendment prohibits what?

A

unreasonable searches and seizures

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40
Q

What is the exclusionary rule?

A

Evidence obtained illegally cannot be used at the trial

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41
Q

What court case established the doctrine of “fruit of the poisonous tree?”

A

Mapp v. Ohio

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42
Q

What is stop and frisk?

A

when police pat down suspects for weapons when they stop them

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43
Q

The rules that specify lawful seizure are found in what court case?

A

Terry v. Ohio

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44
Q

Which amendment guarantees people the right to be free from self incrimination?

A

5th

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45
Q

Which court case established the precedent of being free from self incrimination?

A

Miranda v. Arizona

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46
Q

Which amendment requires a counsel for a criminal defendant during all stages of the trial?

A

6th

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47
Q

What are pretrial activities?

A

When a criminal is booked, searched, and placed in jail after an arrest

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48
Q

Who sets the bail amount?

A

The judge

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49
Q

The first time the defendant is taken before the judge is called what?

A

the initial appearance

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50
Q

The second time the defendant appears before a judge is called what?

A

The preliminary hearing

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51
Q

What are the 2 forms of formal charges?

A
  • an information is filed by the prosecutor

- an indictment is filed by the grand jury

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52
Q

After the info/indictment is filed with the court, the defendant makes another court appearance called what?

A

Arraignment

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53
Q

What are the three pleas criminal defendants may enter?

A
  • not guilty
  • guilty
  • nolo contendere
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54
Q

What is nolo contendere?

A

Does not deny or admit

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55
Q

What is a statement of facts that enumerate the specific acts charged called?

A

Bill of Particulars

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56
Q

What are the three pretrial motions that may be filed?

A
  • motion to dismiss
  • motion for change of venue
  • motion to suppress evidence
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57
Q

What are the three exceptions to the warrant requirement?

A
  • plain view
  • hot pursuit
  • exigent circumstances
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58
Q

The practice of law involves what 3 things?

A
  • appearing in court
  • offering legal advice
  • preparing legal documents
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59
Q

What are legal assistants known as?

A

Paralegals

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60
Q

A nonlawyer may not share in what?

A

The profits of a lawyer’s practice

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61
Q

The ethical responsibilities of attorneys are established in each state by what?

A
  • the legislature

- the supreme court of the state

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62
Q

The code of ethics of most states are based on what?

A

Standards set by the American Bar Association

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63
Q

What expresses in general terms the standards of professional conduct expected of lawyers?

A

Canons

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64
Q

What represents the principles upon which lawyers can rely for guidance in specific situations?

A

Ethical Considerations

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65
Q

What are the mandatory and state minimum conduct below which no lawyer can fail without being subject to disciplinary action called?

A

Disciplinary rules

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66
Q

What is canon 1?

A

Integrity and competence

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67
Q

What is canon 2?

A

Pro bono service

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68
Q

What is canon 3?

A

Prevent unauthorized practice of law

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69
Q

What is canon 4?

A

Preserve client confidentiality

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70
Q

What is canon 8?

A

regulates conduct of lawyers who are public officials or judicial candidates

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71
Q

What is DR9?

A

Attorney should not combine client funds and personal funds

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72
Q

A ceremonial wedding is done though what?

A

A ceremony and a license

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73
Q

The marrying parties must have what?

A

Capacity

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74
Q

What are the two implications of a marriage relationship?

A
  • obligation of sexual exclusivity

- obligation of mutual economic support

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75
Q

What are the two ways to dissolve a marriage?

A
  • divorce

- annulment

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76
Q

Why is PA called a hybrid jurisdiction?

A

It has fault and no fault grounds

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77
Q

What is recrimination?

A

comparable misconduct; equal fault

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78
Q

What is filed for divorce after 90 days?

A

An affidavit

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79
Q

What is an annulment?

A

When the grounds predate the marriage; some make it void, other make it voidable

80
Q

What are the three grounds for void marriages?

A
  • bigamy
  • insanity
  • incest
81
Q

What are the four grounds for voidable marriages?

A
  • under 18 and wife wants out
  • not sober at time of ceremony
  • shotgun weddings
  • fraud
82
Q

Who decides which spouse gets custody of the child?

A

The court

83
Q

What is legal custody?

A

the right to make major decisions affecting the best interest of a minor child

84
Q

What is physical custody?

A

Actual physical possession and control of the child

85
Q

What is the legal standard used by the courts to determine child custody?

A

Best Interest of the Child

86
Q

Child support is awarded when?

A

After the marriage ends

87
Q

When it comes to property distribution, PA is what kind of state?

A

Equitable distribution

88
Q

In an equitable distribution state, assets are classified into what three groups?

A
  • Husband’s separate property
  • wife’s separate property
  • martial property
89
Q

True or false: the expectation of inheritance is not an asset

A

True

90
Q

In an equitable distribution state, assets are not split what?

A

50-50

91
Q

Equity involves granting different types of what?

A

Remedies

92
Q

What are the five types of remedies?

A
  • Specific performance
  • rescission
  • reformation
  • equitable liens
  • constructive trust
93
Q

What can an injunction be obtained against?

A

torts of nuisance, trespassing, unfair competition

94
Q

An injunction may be what?

A
  • mandatory
  • negative
  • interlocutory
  • permanent
95
Q

An injunction must be obeyed until when?

A

it is vacated or modified by the courts

96
Q

Injunctions are enforced by what?

A

civil and criminal contempt

97
Q

What is a civil wrong that usually results in some injury?

A

A tort

98
Q

What are the three types of torts?

A
  • intentional
  • negligence
  • strict liability
99
Q

When does one commit an intentional tort?

A

If one acts knowingly, purposefully, and willingly that it will cause an injury

100
Q

the intent to harm one person is transferred to the person actually harmed happens under what document?

A

the doctrine of transferred intent

101
Q

What are examples of personal torts?

A
  • assault
  • battery
  • false imprisonment
102
Q

businesses are allowed to make a reasonable detention and investigation if they have reasonable grounds under what rule?

A

shopkeeper’s privilege

103
Q

Intentional infliction of emotional distress requires what?

A

outrageous conduct that is intentional or reckless

104
Q

The unprivileged publication of a factual statement that is not true and injurious to a person’s reputation is called what?

A

defamation

105
Q

What is the difference between libel and slander?

A

libel is written, slander is oral

106
Q

A statement that on its face is defamatory is called what?

A

Slander per se

107
Q

Intentional and offensive intrusion upon the solitude of another or upon is or her private affairs is called what?

A

Invasion of privacy

108
Q

Intent to deceive where the misrepresentation is justifiably relied upon and causes damages is called what?

A

fraud (misrepresentation)

109
Q

Filing an unjustified criminal complaint against an individual leads to what?

A

Malicious prosecution and abuse of process

110
Q

An intentional interference with an individual’s right of exclusive and complete possession of land is known as what?

A

trespassing

111
Q

Wrongful exercise of control over the personal property of another is called what?

A

Conversion

112
Q

Improper interference with the intellectual property rights of another is called what?

A

Infringement

113
Q

The publication of an untrue statement of fact that injures a business interest is called what?

A

Disparagement

114
Q

What are the four defenses to intentional torts?

A
  • consent
  • privilege
  • necessity
  • self defense
115
Q

what are the four elements that prove negligence?

A
  • tortfeasor was under a duty to use duecare
  • a breach of that duty
  • breach was both actual and proximate
  • damages were incurred
116
Q

The standard of conduct established by law is expressed with reference to the conduct of a hypothetical situation is called what?

A

Duty

117
Q

Breach of duty is sometimes based on the concept of the injury speaking for itself. What is this called?

A

res ipsa loquitor

118
Q

If the tortfeasor’s act is a violation of a statute, it is called what?

A

Negligence per se

119
Q

Actual cause requires what test?

A

The “but for” test

120
Q

Proximate cause is a question of what?

A

Foreseeability

121
Q

True or false: a landowner is not liable for injuries caused by artificial conditions that he negligently fails to correct

A

False

122
Q

Who are trespassers?

A

Those whoa re on the land without express or implied permission

123
Q

An attractive nuisance relates to who?

A

Trespassing children

124
Q

Who are licensees?

A

Person who are on the land with permission for a legitimate purpose

125
Q

Who are invitees?

A

people on the property as members of the public, or to further the business interest of a landowner

126
Q

What are the two types of nuisance?

A

Public and private

127
Q

What is it called when the law imposes liability on another person for the tort committed by someone if that someone was an employee on the job?

A

Vicarious Liability

128
Q

Liability is based on what?

A

Public policy

129
Q

Abnormally dangerous activities are also called what?

A

Ultrahazardous activities

130
Q

Dangerous animals fall into what two categories?

A
  • Wild animals

- Domestic animals who become dangerous

131
Q

What is the “one-bite” rule?

A

The owner of a cat or dog is not liable on the first occasion their pet bites a person

132
Q

Resolution 402A is what?

A

Product-liability law

133
Q

Res. 402A requires what?

A
  • product must be defective

- unreasonably dangerous

134
Q

What is contributory negligence?

A

When the plaintiff was also negligent and contributed to his own injuries

135
Q

what does the concept of Last Clear Chance provide?

A

If the negligent defendant had the last opportunity to avoid an accident, the contributory negligence of the plaintiff will not be a bar to recovery

136
Q

what is comparative negligence?

A

compares the negligence of the plaintiff to that of the defendant, and awards damages in proportion to fault

137
Q

When one is knowingly and voluntarily assumes a risk, he cannot sue for injuries. What is this called?

A

Assumption of risk

138
Q

True or false: under immunity, government agencies are immune from negligence suits for discretionary acts

A

True

139
Q

The principle sellers of insurance are who?

A
  • stock companies

- mutual companies

140
Q

The owners of stock companies are who?

A

Shareholders

141
Q

The owners of mutual companies are who?

A

policyholders

142
Q

Insurance is mainly regulated at what level of government?

A

State

143
Q

What year was the National Association of Insurance Commissioners (NAIC) formed?

A

1871

144
Q

What year was the McCarron-Ferguson Act enacted?

A

1945

145
Q

The Terrorism Risk Insurance Act of 2002 requires insurers to do what?

A

Offer coverage of losses caused by terrorist attacks

146
Q

What is adverse selection?

A

A party facing a high risk of loss is more likely to seek insurance than parties with lower risk

147
Q

What is moral hazard?

A

the risk that a beneficiary would intentionally destroy something to obtain payment

148
Q

A method of disclosing the nature of the risk to be insured is called what?

A

Insurance warranty

149
Q

An insurance policy may become void due to what?

A

Fraud

150
Q

What is the principle of contra proferentem?

A

Ambiguous provisions in the insurance contracts are against the drafter

151
Q

The notion that the purpose of insurance is to protect the insured against suffering a loss, not to create the opportunity for gain is called what?

A

Principle of indemnity

152
Q

The legal form of substitution is called what?

A

subrogation

153
Q

What insurance protects the insured against a loss that she/her family members suffer?

A

First party insurance

154
Q

What insurance protects the insured against legal liability to a third party resulting from the insured’s actions?

A

Third Party Insurance

155
Q

What provides general insurance against the kinds of liability that any business may face?

A

Commercial General Liability Insurance

156
Q

Claims-made coverage insures against claims made when?

A

During the policy period

157
Q

What insures against liability for injury or damage that occurs during the policy period, even if the suit is brought later?

A

Occurrence coverage

158
Q

What insures against damage to the insured’s vehicle caused by the upset of the vehicle or by its impact with another vehicle/object?

A

Collision Coverage

159
Q

What insures against loss resulting from many of the causes excluded from the definition?

A

Comprehensive coverage

160
Q

What are exempt assets?

A

Those the debtor can keep even after filing for bankruptcy

161
Q

If the debtor has assets that are not exempt, they must be turned over to who?

A

A trustee

162
Q

The history of bankruptcy starts where?

A

The Bible

163
Q

What Bible verse discusses “year of restoration-year of jubilee?”

A

Leviticus 25 verses 8:17

164
Q

The year of jubilee indicates what?

A

Every 50 years, everything is wiped out

165
Q

How did Roman law recognize bankruptcy?

A

The creditor’s remedy to divide up the assets of the debtor

166
Q

When was the first common law of bankruptcy enacted?

A

1542

167
Q

When was the first US bankruptcy law enacted and repealed?

A

1800; repealed in 1803

168
Q

Another bankruptcy law was passed and repealed when?

A

1841; repealed in 1842

169
Q

When was the first modern bankruptcy act passed?

A

1867

170
Q

When was the modern bankruptcy act amended and what did it provide?

A

1874; can no longer file without creditor’s consent

171
Q

What year did a bankruptcy act pass that allowed voluntary filings?

A

1898

172
Q

what year did a did a federal statute pass that now acts as the US bankruptcy code?

A

1978

173
Q

What is the official name of the US bankruptcy code?

A

11 U.S.C Sections 101 to 1330

174
Q

For current bankruptcy filings, how do attorneys have to file?

A

Online

175
Q

Who does not have to file for bankruptcy online?

A

Pro se litigants

176
Q

When filing stops all litigation, this is called what?

A

Automatic Stay

177
Q

Any entity that can file for bankruptcy can file under what?

A

Chapter 7

178
Q

Who cannot file for bankruptcy?

A

Insurance companies

179
Q

Chapter 7 is a what?

A

Liquidation

180
Q

Chapter 13 involves what?

A

a payment plan and no liquidation

181
Q

What is the limit on chapter 13?

A

1.3 million

182
Q

Chapter 11 is for what?

A

Businesses

183
Q

What refers to useful artistic and industrial information and knowledge?

A

Intellectual property

184
Q

What is the right given to authors and artists who create works that can be fixed in a tangible medium?

A

Copyright

185
Q

The WTO requires members to provide copyright protection for how long?

A

50 years

186
Q

What grants an inventor an exclusive privilege to use or sell a method or process for a limited method or process?

A

Patent

187
Q

Patents may be declined to inventions that are not what?

A
  • new
  • novel
  • industrially useful
188
Q

What are words, names, symbols, or devices used by merchants to identify themselves and their goods?

A

Trademarks

189
Q

To be registered, a trademark must what?

A
  • not infringe on another mark

- be distinctive

190
Q

What is also called know how, and is the practical expertise acquired from study, training, and experience?

A

trade secret

191
Q

attempts in the 18th century to form labor organizations in the US were treated by the courts as what?

A

Criminal Conspiracies

192
Q

What year did a judicial decision change the treatment of labor organizations?

A

1842

193
Q

When did many of the labor unions in the US have their origins?

A

1850’s

194
Q

When was the American Federation of Labor founded?

A

1886

195
Q

When did Congress create the US commission on Industrial Relations?

A

1912

196
Q

In 1932, Congress passed what that disallowed injunctions against peaceful collective action?

A

Norris-La Guardia Act

197
Q

What year did the National Labor Relations Act pass?

A

1935

PS 317 (5 decks)

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