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| Federal and state governments working together. Separation of powers |
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| What provides that the Constitution and US Laws and Treaties are the supreme law of the land |
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| Most crimes fall under the power of who?: |
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| States, courts of general jurisdiction |
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| What federal circuit is Florida in?: |
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| Courts of general jurisdiction |
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Most state trial courts are known as courts of general jurisdiction. These have the authority to hear a broad range of cases, including civil and criminal law.
Circuit court is main general jurisdiction trial court |
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| Most of freedoms in bill of rights- first 10 amendments |
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| Purposes of punishing criminal law violators |
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Deterrence
Incapacitation
Rehabilitation
Retribution |
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Precedents involve concept of stare decisis- if court is in jurisdiction that includes where you are, anything that court does is binding on you- have to abide by laws made in those cases
System of precedents & binding authority that if it isn't in your jurisdiction you must follow it |
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2 types of due process: federal and state
Privacy can’t be invaded by govt, govt has to give you due process
Federal: due process: 5th amendment covers
State: due process: 14th amendment covers
^^These 2 amendments subsume legality |
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Federal rules of court also
Rules of procedure
Civil procedure w/ forms
Rules that apply to whatever practice you’re doing
Rules for filing complaints, discovery, etc.
All types of procedural things |
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| Defendant having specific knowledge, special kind of intent |
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| A type of criminal offense that does not require any criminal intent |
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| Canons of statutory construction |
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Narrow construction
Ambiguous language
Legislative Prerogative
Constitutionality Presumption
Plain meaning |
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| When one person is held accountable for the actions of another |
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| What is a main way of proving mens rea in a criminal prosecution |
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Statute
Relationship
Contract
Assumption |
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| Joining of mens rea and the actus reus |
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Highest form of homicide, killing of another person with malice and premeditation, cruelty, or done during the commission of a major felony is typically murder in the first degree.
Punished more severely than second degree |
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| Generally, when a homicide is committed after adequate provocation, this is the appropriate charge: |
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| Negligent homicide, “second degree manslaughter”, lowest form of criminal homicide |
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| Intentional touching of another that is either offensive or harmful. |
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| Placing another in fear of an offensive or harmful touching |
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Crime of intentionally dismembering or disfiguring a person
Type of aggravated assault |
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| Consequence if states do not have a version of Megan’s Law |
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| The taking away and holding of a person by force or against that person’s will |
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| Breaking and entering of another’s dwelling at night for the purpose of committing a felony once inside |
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| A false representation of a material present or past face made with knowledge that the fact is fake and with an intent to defraud the victim thereby causing the victim to pass title to property to the actor. |
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| Defendant received money or income from a pattern of racketeering activity and invested that money in an enterprise (business) which is in interstate commerce or affects interstate commerce. |
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| Consolidated theft statutes |
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Many states have consolidated theft, larceny, embezzlement, and false pretenses into a consolidated statute of theft
What crimes included differs but always includes larceny, false pretenses, and embezzlement |
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Protects freedom of speech
Does not protect obscenity |
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| Illegal public disturbance |
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Wharton’s rule
Two people cannot be charged with conspiracy when the underlying offense itself requires two people |
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| An agreement between two or more persons to commit an unlawful act or a lawful act in an unlawful manner |
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| The unlawful killing of a human being with malice aforethought |
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| Unlawful killing without malice aforethought |
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| An intentional threat, show of force, or movement that could reasonably make a person feel in danger of physical attack or harmful physical contact. |
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| An intentional touching of another that is either offensive or harmful |
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| Crime of intentionally dismembering or disfiguring a person |
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| Sexual intercourse with a woman not the man’s wife committed without the victim’s consent and by using force |
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| Non-coital sex with a member of the opposite sex, sex with a member of the same sex, or sex with an animal |
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| Misdemeanor at common law. The unlawful taking and confinement and asportation of another person by use of force, threat, fraud, or deception |
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| When one person interferes with another’s liberty by use of threat or force without authority |
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| Malicious burning of a dwelling house of another |
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| The breaking and entering of another’s dwelling at night for the purpose of committing a felony once inside |
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| The trespassory taking and carrying away of personal property of another with an intent to permanently deprive the owner of possession |
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| Making of false documents (or alteration of existing documents making them false) and passing the document to another with an intent to defraud |
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| A trespassory taking and carrying away of personal property from another’s person or presence using either force or threat with an intent to steal the property |
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| At common law only applied to public officers. The taking or acquisition of property of another using a threat with an intent to steal the property |
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| AKA criminal mischief. Usually a specific-intent crime and includes all types of destruction that affect the value or dignity of the property |
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| Exceptions to the special-harm requirement for slander |
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| In a defamation case, if a Plaintiff is neither a public figure or a public official, he does not have to prove what? |
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Absolute: applies across board, generally comes about because of job or title, protected fully as long as in scope of employment
Qualified: more limited, defendant must have certain purpose. Limitations- does not apply across board |
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-Statements are written (including records, computer tapes, dictation by stenographer)
-No need to prove special harm
-Presumed damages awarded if:
-actual malice is shown in matter or public concern
or
-matter is a private concern, even if no actual malice is shown |
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-Statements are oral
-Must prove special harm unless slander per se
-Presumed damages not awarded |
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| Slander per se exceptions |
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Definition
(1) that the plaintiff engaged in criminal behavior,
(2) that the plaintiff suffers from some type of venereal or otherwise loathsome and communicable disease
(3) that the plaintiff is unfit to conduct his or her business, trade, or profession
(4) that the plaintiff has engaged in sexual misconduct |
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