×
Log in to StudySoup
Get Full Access to UND - CJ 341 - Study Guide - Midterm
Join StudySoup for FREE
Get Full Access to UND - CJ 341 - Study Guide - Midterm

Already have an account? Login here
×
Reset your password

UND / Criminal Justice / CJ 341 / What is the difference between substantive law and procedural law?

What is the difference between substantive law and procedural law?

What is the difference between substantive law and procedural law?

Description

School: University of North Dakota
Department: Criminal Justice
Course: Criminal Law
Professor: Kristi venhuizen
Term: Fall 2016
Tags: Criminal Justice
Cost: 50
Name: Study guide #1
Description: This is a study guide for the 1st test.
Uploaded: 09/19/2016
4 Pages 41 Views 3 Unlocks
Reviews


Chapter 1 – Fundamental of Criminal Law and Procedure


What is the difference between substantive law and procedural law?



∙ Know difference between substantive law and procedural law ∙ 3 Fundamental principles:

o Constitutional supremacy

o Federalism

o Separation powers

∙ Actus Reus (wrongful act) vs Mens Rea (criminal intent) ∙ N.D.C.C. 12.1-32-01

∙ Criminal Law vs Civil Law

∙ Mala in se vs Mala prohibita

∙ Law in the Western World

∙ English Common Law

∙ American Criminal Law

∙ Constitutional Limitations to the Development of Criminal Law o Bill of Rights

o First Amendment


What is the difference between mala in se and mala prohibita?



o Fourth Amendment

o Fifth Amendment

o Sixth Amendment

o Eighth Amendment

o Fourteenth Amendment

∙ Role of courts

o Trial courts

o Appellate courts

∙ Criminal process

o Due Process

o Presumption of Innocent

o Proof Beyond a Reasonable Doubt

o Causes of the “sieve effect”

Chapter 3 – Constitutional Limitations on the Prohibition of Criminal Conduct

∙ Judicial Review

o Marbury v Madison

∙ Power to Enact Criminal Laws We also discuss several other topics like Where is olmec located?

o Rule of Law

o Police Powers


What are the freedom of expression?



If you want to learn more check out What are the four chambers of the heart?

o Article 1, Section 8

∙ Enumerated Powers

o Article 1, Section 8 – Necessary and Proper Clause

∙ McCulloch v Maryland (1819)

∙ United States v Lopez (1995)

∙ United States v Morrison (2000)

∙ Gonzales v Raich (2005)

∙ Delimitating the Crime of Treason

o Definition of treason

o Common law

∙ Ex Post Facto Laws

o Principle of legality

o 4 types of ex post facto laws

o Miller v Florida (1987)

o Carmell v Texas (2000)

o Stogner v California (2003)

∙ Bill of Rights

o First 10 Amendments to the Constitution

∙ Ratified in 1791

o Baron v Baltimore (1833)

o Fourteenth Amendment – ratified 1868

o Due process clause

∙ Freedom of Expression

o Freedom of the press and freedom of speech

o Clear and present danger doctrine

o Symbolic speech

o Hate speech

o Obscenity

o Profanity

∙ Cohen v California (1971)

∙ People v Boomer (Mich. App. 2002) If you want to learn more check out What is paranormal technology?

∙ City of Bismark v Schoppert, 469 N.W.2d 808 (N.D. 1991) ∙ Freedom of Assembly

∙ Free exercise of religion

∙ Right to Keep and Bear Arms

o United States v Miller (1939)

o DC v Heller (2008)

∙ Vagueness and Overbreadth

o Fifth Amendment

o Two elements

∙ Fair notice

∙ Fair hearing

o Vagueness doctrine

o Doctrine of overbreadth

o Coates v City of Cincinnati (1971)

∙ Freedom from Compulsory Self-Incrimination

o Fifth Amendment

∙ The Prohibition against Cruel and Unusual Punishments o Eighth Amendment

∙ Right of Privacy

o Ninth Amendment

o Griswold v Connecticut (1965)

o Roe v Wade (1973)

o Washington v Glucksberg (1997)

∙ Equal Protection

o Fourteenth Amendment

∙ Standards of Judicial Review

o Rational basis test

o Strict judicial scrutiny

∙ Importance of State Constitutions

Chapter 4 – Elements of Crime and Parties to Crime

∙ Actus Reus

∙ What is an act?

o N.D.C.C. 12.1-01-04(1)

∙ Failure to Act as Actus Reus We also discuss several other topics like What is an another name for proteins?
If you want to learn more check out Calculate the mass of an electron using ratio and q.

o Act of omission

o N.D.C.C. 12.1-01-04(23)

∙ Possession

o Actual possession vs constructive possession

o N.D.C.C. 12.1-02-01

∙ Status

∙ Mens Rea

∙ General v specific intent

o N.D.C.C. 12.1-02-02

o Transferred intent

∙ Strict liability

∙ Causation

o Proximate cause

o N.D.C.C. 12.1-02-05

∙ Parties to crime

o Common law v American approach

∙ Accomplices

o N.D.C.C. 12.1-03-01

Chapter 5 – Inchoate Offenses

∙ Inchoate offenses

∙ Attempt

o Actus Reus

o Mens Rea If you want to learn more check out What are the three types of anxiety?

o Merger

∙ Defenses to attempt

o Legal impossibility v factual impossibility

o Abandonment

o N.D.C.C. 12.1-06-01

o N.D.C.C. 12.1-06-05(3)(a) and (c)  

∙ Solicitation

o Common law

o Actus Reus

o Uncommunicated solicitation

o Mans Rea

o Solicitation is complete when the request is made o Merger

∙ Defenses to solicitation

o Countermands the solicitation

o Impossibility

o Complete and voluntary renunciation o N.D.C.C. 12.1-06-03

o N.D.C.C. 12.1-06-05(3)(b) and (c)

Page Expired
5off
It looks like your free minutes have expired! Lucky for you we have all the content you need, just sign up here