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Law Review Lecture 1

memorize.ai (lvl 286)

Section 1

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Tort

Front

1 / 40

Government Law Politics

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Last updated

1 year ago

Date created

Mar 1, 2020

Cards (40)

Section 1

(40 cards)

Tort

Front

Wrong committed against a private interest Burden of proof is on the plaintiff (preponderance of evidence)

Back

Factors AGAINST Influencing Criminal Laws

Front

Lack of public interest or desire Economically unfeasible Government can't enforce Constitutionally protected

Back

Rehabilitation

Front

To make the wrongdoer a contributing member of society

Back

Substantive Laws

Front

Create and define socially acceptable behavior Create and define crimes and their punishment

Back

Act

Front

A bodily movement, whether voluntary or involuntary, and includes speech

Back

Stare Decisis

Front

Let the decision stand Following precedent and not unsettling previous court decisions

Back

Incapcitation

Front

To remove the wrongdoer from society

Back

Element of Offence

Front

Forbidden Conduce Required Culpability Required Result Negation of any exception to the offense

Back

Tort

Front

A civil wrong for which the law provides a remedy, usually money- a lawsuit

Back

Public Place

Front

Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Back

Mala In Se

Front

Considered both morally wrong and a crime Things we can all agree on as being inexcusable Evil/Wrong in itself

Back

Legislative Branch

Front

Enacts statutory law

Back

Case Law

Front

Have a trial Party Appeals to high court to review decision

Back

Crime

Front

Wrong committed against the interest of all the people of the state Burden of proof is on the state (beyond a reasonable doubt)

Back

Deadly Weapon

Front

Firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; Anything that in the manner of its use or intended use is capable or causing death or serious bodily injury

Back

Proof Beyond a Reasonable Doubt

Front

All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.

Back

Procedural Laws

Front

Govern the investigation, search/seizure, arrest, trial, and an punishment of the wrongdoer Protect the constitutional rights of the accused

Back

Texas Court of Hierarchy

Front

US Supreme Court TX Court of Crim Appeals TX Court of Appeals

Back

Effective Consent

Front

Consent by a person legally authorized to act for the owner

Back

Morals

Front

Social and personal ideas of right and wrong Seek to establish "perfect" personal character Establish far higher standards of behavior than those set by criminal laws

Back

Objectives of Codes

Front

Ensure the public safety Deterrent Influence Rehabilitation Punishment

Back

Criminal Laws

Front

Seek to establish minimal levels of social conduct and behavior Considered unjustifiable and inexcusable in many cases

Back

Misdemeanor

Front

Crime punished by incarceration in a local jail (county facility) or no jail time at all (Class C)

Back

Appellate

Front

Court opinions that interpret the meaning and application of statutory laws

Back

Objective of Codes

Front

Establish system of prohibitions, penalties, and correctional measures

Back

Crime

Front

Conduct that has been prohibited by law

Back

Crime

Front

subjects the offender to criminal punishment

Back

Common Law

Front

Customs of people Judge's decisions England "Notice" 5th and 6th Amendment

Back

Effect of Code

Front

Certainty Consistency Comprehensibility

Back

Precede

Front

To come before

Back

Preemption

Front

No government subdivision of agency may enact or enforce a law that makes any conduct covered by this code an offense subject to criminal penalty

Back

Mala Prohibita

Front

Crimes, but are not necessarily considered morally wrong Evil/Wrong because prohibited by law

Back

Retribution

Front

To take revenge against the wrongdoer

Back

Effect of Code

Front

Conduct does not constitute an offense unless it is defined as an offense by statute EX: Adderall cases 2015

Back

Executive Brance

Front

Enforces the statutory law

Back

Judicial Branch

Front

Interprets the statutory law

Back

Bodily Injury

Front

Physical pain, illness, or any impairment of physical condition

Back

Deterrence

Front

To prevent future wrongdoing

Back

Felony

Front

Prison (State Facility) Any crime with a possible term of incarceration of one year or more (or death)

Back

Factors FOR Influencing Criminal Laws

Front

Protecting the public Maintaining order Safeguarding property Protecting privacy Promoting public morality

Back