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Questions and Answers
Which of the following is a characteristic of a 'more'?
Which of the following is a characteristic of a 'more'?
What is the difference between 'folkways' and 'mores'?
What is the difference between 'folkways' and 'mores'?
Which of the following is an example of a formal sanction?
Which of the following is an example of a formal sanction?
What is the key difference between 'natural law' and 'positive law'?
What is the key difference between 'natural law' and 'positive law'?
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Which of the following best defines 'common law'?
Which of the following best defines 'common law'?
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What is the legal term that refers to the level of knowledge required to hold someone criminally liable?
What is the legal term that refers to the level of knowledge required to hold someone criminally liable?
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What are the two major restrictions that are placed against substantive criminal law?
What are the two major restrictions that are placed against substantive criminal law?
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Which of the following is NOT a type of possession in criminal law?
Which of the following is NOT a type of possession in criminal law?
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What is the difference between intent and motive in criminal law?
What is the difference between intent and motive in criminal law?
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Which of the following is NOT a type of mental state in criminal law?
Which of the following is NOT a type of mental state in criminal law?
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What is meant by 'mala in se' crimes?
What is meant by 'mala in se' crimes?
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What is the literal translation of the Latin term 'stare decisis'?
What is the literal translation of the Latin term 'stare decisis'?
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Which of the following correctly identifies the three branches of government?
Which of the following correctly identifies the three branches of government?
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Which type of criminal liability can be applied when an employer is held responsible for the actions of their employees?
Which type of criminal liability can be applied when an employer is held responsible for the actions of their employees?
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Which of the following is NOT a source of criminal law?
Which of the following is NOT a source of criminal law?
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What is the term used to describe a situation where a person intends to harm one person but accidentally harms another?
What is the term used to describe a situation where a person intends to harm one person but accidentally harms another?
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What is a 'misdemeanor' in criminal law?
What is a 'misdemeanor' in criminal law?
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What is the legal term for the criminal act itself?
What is the legal term for the criminal act itself?
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What does the term 'jurisdiction' refer to in criminal law?
What does the term 'jurisdiction' refer to in criminal law?
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What is the difference between 'due process' and 'venue' in criminal law?
What is the difference between 'due process' and 'venue' in criminal law?
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Which of the following describes the mental state of someone who acts recklessly?
Which of the following describes the mental state of someone who acts recklessly?
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Which type of crime is considered wrong because there is a law against it?
Which type of crime is considered wrong because there is a law against it?
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Which of the following best describes the difference between 'mores' and 'folkways'?
Which of the following best describes the difference between 'mores' and 'folkways'?
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What is the main distinction between 'natural law' and 'positive law'?
What is the main distinction between 'natural law' and 'positive law'?
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Which of the following is NOT a characteristic of common law?
Which of the following is NOT a characteristic of common law?
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What is the definition of a crime in legal terms?
What is the definition of a crime in legal terms?
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Which of the following is NOT considered a type of criminal liability without fault?
Which of the following is NOT considered a type of criminal liability without fault?
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Which of the following situations would be most likely to result in a formal sanction?
Which of the following situations would be most likely to result in a formal sanction?
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Which type of law focuses primarily on regulating public offenses and crimes against the state?
Which type of law focuses primarily on regulating public offenses and crimes against the state?
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What is the legal term for the mental state of a defendant at the time of the crime?
What is the legal term for the mental state of a defendant at the time of the crime?
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What is the primary difference between 'intent' and 'motive' in criminal law?
What is the primary difference between 'intent' and 'motive' in criminal law?
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Which of the following best exemplifies a norm?
Which of the following best exemplifies a norm?
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Which of the following is a characteristic of a crime classified as 'mala in se'?
Which of the following is a characteristic of a crime classified as 'mala in se'?
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Which of the following scenarios would MOST likely be governed by folkways?
Which of the following scenarios would MOST likely be governed by folkways?
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Which of the following accurately describes the difference between 'intent' and 'motive' in criminal law?
Which of the following accurately describes the difference between 'intent' and 'motive' in criminal law?
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Which of the following correctly identifies a type of possession where a person is aware of what they possess?
Which of the following correctly identifies a type of possession where a person is aware of what they possess?
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Which branch of government is responsible for interpreting the law?
Which branch of government is responsible for interpreting the law?
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Which of the following is NOT a modern crime classification?
Which of the following is NOT a modern crime classification?
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Flashcards
Norms
Norms
Agreed upon expectations common in society.
Mores
Mores
Norms relating to morality, governing serious violations.
Folkways
Folkways
Norms that govern everyday behavior and customs.
Laws
Laws
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Criminal law
Criminal law
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Common Law
Common Law
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Tort
Tort
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Felony
Felony
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Misdemeanor
Misdemeanor
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Actus Reus
Actus Reus
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Mens Rea
Mens Rea
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Motive
Motive
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General Intent
General Intent
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Transferred Intent
Transferred Intent
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Strict Liability
Strict Liability
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Double Jeopardy
Double Jeopardy
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Venue
Venue
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Due Process
Due Process
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Jurisdiction
Jurisdiction
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Scienter
Scienter
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Sanctions
Sanctions
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Informal Sanctions
Informal Sanctions
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Formal Sanctions
Formal Sanctions
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Natural Law
Natural Law
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Positive Law
Positive Law
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Definition of a Crime
Definition of a Crime
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Criminal Offenses
Criminal Offenses
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Mores vs Folkways
Mores vs Folkways
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Social Norms
Social Norms
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Substantive Criminal Law
Substantive Criminal Law
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Procedural Criminal Law
Procedural Criminal Law
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Infraction
Infraction
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Mala in Se
Mala in Se
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Mala Prohibita
Mala Prohibita
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Stare Decisis
Stare Decisis
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Four Mental States
Four Mental States
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Vicarious Liability
Vicarious Liability
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Constructive Possession
Constructive Possession
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Due Process Clause
Due Process Clause
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Study Notes
Norms, Mores, Folkways, and Laws
- Norms: Agreed-upon expectations, common and basic within a society; foundational to social interaction.
- Mores: Norms related to morality; govern serious violations of societal codes.
- Folkways: Norms governing everyday behavior; customs; less severe than mores.
- Laws: Formal rules enacted and enforced by government; define and specify offenses.
Types of Sanctions
- Informal sanctions: Everyday punishments for minor norm violations, used by most people.
- Formal sanctions: Government action for serious norm violations; when individuals cannot handle the situation themselves.
Criminal Law
- Criminal law: Regulations defining and specifying offenses public in nature and crimes against the state.
- Crime: An act prohibited or an omission required by law.
Types of Law
- Natural law: Conduct inherent in human nature, based on reason, intuition, inspiration.
- Positive law: Legislated and enforced by government.
- Common law: Law derived from customs, traditions, precedents; assists judges in legal decisions.
- Tort: Civil wrong allowing damages as a remedy.
Criminal Law Classifications
- Substantive criminal law: Defines crimes and specifies punishments.
- Procedural criminal law: Outlines investigation, adjudication processes.
- Felony: Serious crime, punishable by death or a year or more in prison.
- Misdemeanor: Less serious crimes, punishable by up to a year in prison.
- Infraction: Violation of local ordinance or state statute, punishable by a fine.
Criminal Law Categories
- Mala in se: Acts inherently wrong, by convention and tradition.
- Mala prohibita: Acts wrong due to laws against them.
Modern Crime Classifications
- Crimes against persons
- Crimes against property
- Public order offenses
- Moral offenses
Sources of Criminal Law
- Constitutions
- Statutes
- Court decisions
- Administrative regulations
Legal Principles
- Stare decisis: "To stand by things decided," adherence to precedents.
- Rule of law: No person above the law; law enforcers must respect the law.
- Jurisdiction: Authority of a government entity (e.g., court) over subject or area.
Branches of Government
- Legislative: Creates laws.
- Executive: Enforces laws.
- Judicial: Interprets laws.
Essential Elements of Crimes
- Actus reus: The criminal act (defendant's conduct or results).
- Mens rea: Culpable mental state (defendant's intent) at the time of the crime.
Motive vs. Intent
- Intent: Mental state to perform the act, different from motive.
- Motive: Reason for committing a crime; not a crime element.
Mental States
- General intent: Intent to commit the act required for the crime.
- Specific intent: Intent to cause a particular result.
- Constructive intent: Actions creating high risk of harm, even without intending harm.
- Transferred intent: Intending harm to one, but harming another.
Knowledge and Possession
- Scienter: Knowledge level for criminal liability.
- Knowing possession: Awareness of contents.
- Mere possession: Potential awareness of contents.
- Actual possession: Direct physical control.
- Constructive possession: Ability to control, not direct physical control.
Liability Without Fault
- Strict liability: Proof of act sufficient for liability (e.g., product liability).
- Vicarious liability: Employer responsible for employee actions.
- Enterprise liability: Corporations criminally liable for corporate crimes.
States of Mind
- Purposely: Desire for a specific outcome.
- Knowingly: Aware the outcome will likely occur.
- Recklessly: Actions increasing risk of harm.
- Negligently: Failure to perceive substantial risks.
Restrictions on Criminal Law
- Due process clause: 5th and 14th amendments; no deprivation of life, liberty, or property without due process (federal and state).
- 8th amendment: Prohibition against cruel and unusual punishment
Criminal Law Legality
- Vague statute: Meaning unclear, preventing reasonable interpretation.
- Jurisdiction: Court's power over subject matter or person.
- Venue: Geographic location for trial.
- Legality principle: Prevents punishment for lawful actions; requires advance notice of criminal conduct; prohibits "bills of attainder."
- Double jeopardy: Restrictions against double punishment for same offense.
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Description
This quiz covers the fundamental concepts of norms, mores, folkways, and laws within society. Additionally, it explores types of sanctions and various classifications of law, including natural, positive, and common law. Test your understanding of these essential sociological principles.