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Published byKristian Fox Modified over 9 years ago
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CHAPTERS 3 & 4 STUDY GUIDE
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Arson- the willful and malicious burning of a house or building.
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Assault- an attempt to commit battery.
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Assumption of risk- The negligence defense that might be used by a baseball club that is sued by spectators.
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Battery- the unlawful touching of another person.
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Breach of duty- is the element of negligence that involves the failure to act as a reasonable person.
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Burglary- breaking and entering a place with the intent to commit a felony or misdemeanor.
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Comparative negligence- The doctrine where the amount of the plaintiff’s recovery is reduced by the percent of his or her negligence.
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Crime- an offense against the public at large.
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defamation the wrongful act of injuring another person’s reputation by making false statements.
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Defendant- the person being tried for a crime.
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Defense of family members- may be claimed by a father who uses force to save his child from an attack.
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Embezzlement The wrongful taking of another’s property by a person who has been entrusted with that property.
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Entrapment- when a law enforcement officer induces a law-abiding citizen to commit a crime.
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Felony a major crime punishable by imprisonment or death.
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Intentional tort- is a wrong committed by a person who knows and wants the resulting consequences.
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Kidnapping- occurs when a person is removed or restrained against their will.
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Larceny- the unlawful taking and carrying away of the personal property of another with the intent to deprive the owner of the property. shoplifting is a form of.
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Manslaughter- The unlawful killing of one human being by another, without malice or aforethought.
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Misdemeanor- a less serious crime with a possible penalty of a fine or brief imprisonment in a county or city jail.
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Murder- the unlawful killing of another human being with malice aforethought.
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Negligence- the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.
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Nuisance- loud noises late at night, noxious odors, and fumes coming from a nearby house are examples.
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Plaintiff- a representative of the government in a criminal proceeding.
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Prosecutor- the government attorney who presents the case in court against the person accused.
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Required state of mind- one of the elements that define a crime (2) the criminal act.
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Robbery- the wrongful taking and carrying away of the personal property of another through violence.
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Slander- is a false statement made orally to a third party.
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Strict liability- People who are engaged in ultrahazardous activities may be held liable even without negligence or malice.
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Tort- a private wrong committed by one person against another.
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Trespass- A wrongful injury to, or interference with, the property of another.
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Are lookouts for a crime liable for the crime? Yes
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THE END!!! GO FORTH AND STUDY !!!
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