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Terms in this set (105)
Law
That which is laid down, ordained, or established...a body of rules of action or conduct prescribed by controlling authority, and having binding legal force." However, not all rules are laws, fewer still are criminal laws, and not all have "binding legal force
Crime
Any act or omission in violation of penal law, committed without defense or justification, and made punishable by the state in a judicial proceeding
Criminal Law
The body of rules and regulations that defines and specifies punishments for offenses of a public nature or for wrongs committed against the state or society. Also called penal law
Criminal
The human conduct that violated the criminal law (only)
Private Law
Concerned itself with contracts, personal possessions, the legal status of various types of persons (citizens, free persons, slaves, freedom, guardians, husbands, and wives, ans so on), and injuries to citizens
Common Law
Law originating from use and custom rather than form written statutes. The term refers to nonstatutory customs, traditions, and precedents that help guide judicial decision making
THE MAJOR SOURCE OF MODERN CRIMINAL LAW
THE MAJOR SOURCE OF MODERN CRIMINAL LAW
Common Law Tradition
Legal tradition, having unified set of laws that were common to all the English
Difference Between Civil Law and Common Law
The common law tradition is evolutionary in nature. Its change came incrementally, as courts adapted the law to different facts or social changes. The civil law tradition, on the other hand, is planned and statutory. Civil law is conceived of by some authority, is established, and then changes abruptly when the legislative authority revises the code
Statutes (Public Laws)
Codification of the common law. Also known as the laws of legislature. In addition of the Congress of the United Sates, the legislatures of each state has the authority to define crimes.
Statutes are commonly organized by topics, such as the Code of Criminal Laws. The vast majority of crimes are defined by state crimes, and more than 90 percent of felonies and serious misdemeanors are prosecuted in state courts
Statutes are commonly organized by topics, such as the Code of Criminal Laws. The vast majority of crimes are defined by state crimes, and more than 90 percent of felonies and serious misdemeanors are prosecuted in state courts
Civil Law
The form of the law that governs relationships between parties
Criminal Procedure
Defines the process that may be used by law enforcement, prosecutors, victims, and courts to investigative and adjudicate criminal cases. As an academic field, criminal procedure also includes the study of the Constitution's role in the process
Felony
A serious crime, generally one punishable by death or by incarceration in a state or federal prison facility as opposed to a jail
Treason
The highest crime an individual could commit, and the only crime mentioned in the constitution
Misdemeanors
Less serious offenses, generally thought of as punishable by less than a year's incarceration
Infractions
A violation of a state statute or local ordinance punishable by a fine or other penalty, but not by incarceration. Also called Summary Offense