Criminal Law & Procedure - Scheb 8th Edition comprehensive Questions and
Answers with 100% Correct Answers | Latest Version Already Graded A+
Rule of Law - (ANSWER)Idea that the law governs public affairs; not discretionary decisions by officials
Substantive Criminal Law - (ANSWER)Branch of the criminal law that defines criminal offenses and
defenses and specifies punishment
Procedural Criminal Law - (ANSWER)Branch of the criminal law that deals with the processes by which
crimes are investigated, prosecuted, and punished
What is the Doctrine of Judicial Review? - (ANSWER)The power of courts to review governmental acts
and declare them null and void if found unconstitutional
Federalism - (ANSWER)The constitutional distribution of government power and responsibility between
the national government and the states - Government is limited by Constitution
Federal Government/Congress - (ANSWER)Does not have general police powers and can only deal with
immigration, interstate commerce, treason, piracy, etc...
Anything that Congress passes must tie back to the Constitution
Commerce Clause - (ANSWER)Basically enables Congress to do anything
Examples of such: "Ham Sandwich" - Congress can make a law in New York outlawing eating a ham
sandwich because the ham comes from Michigan therefore hurts/conflicts with Michigan's
commerce/Interstate commerce
Real life example: Wisconsin banned margarine because it conflicted with their dairy commerce
Supreme Court - (ANSWER)Final decision makers on where the law conflicts, also settle disputes from
the lower courts - Supreme Court always wins
Criminal Case - (ANSWER)Must have beyond reasonable doubt and evidence at about 90%
, Criminal Law & Procedure - Scheb 8th Edition comprehensive Questions and
Answers with 100% Correct Answers | Latest Version Already Graded A+
Civil Case - (ANSWER)Based on the preponderance of evidence at about 50% also has a lot less jurors vs
criminal cases
Actus Reus - (ANSWER)The "wrongful act" which, combined with all other elements of crime, constitutes
criminal liability/punishment
Mens Rea - (ANSWER)The guilty mind or criminal intent behind a crime
What do you need to be accused in a criminal case? - (ANSWER)Both actus reus and mens rea
Strict Liability Offenses - (ANSWER)Absent of mens rea/guilty mind but the act must be present - crimes
that do not require proof of the defendants intent
Example: "A" said he wants "B" dead after "B" slept with "A"s wife. After awhile, "A" and "B" reconcile
but "A" accidentally kills "B" in a car crash. "A" can still be convicted of murder.
Felonies - (ANSWER)Serious crimes punishable by a year + 1 day in prison.
Misdemeanors - (ANSWER)Minor offense punishable by fine or imprisonment for less than one year.
Michigan Misdemeanor (Hybrid Penalty System) - (ANSWER)Circuit Court Misdemeanor: penalty of two
years and can be seen as a felony after conviction
Torts - (ANSWER)Noncriminal wrongs of injuries, other than breaches of contract, for which the remedy
is a civil suit for damages
Examples: Injuries caused by another
Mala in Se - (ANSWER)Wrong in and of itself; universally condemned- Part 1 crimes; rape, arson, murder,
etc...
Answers with 100% Correct Answers | Latest Version Already Graded A+
Rule of Law - (ANSWER)Idea that the law governs public affairs; not discretionary decisions by officials
Substantive Criminal Law - (ANSWER)Branch of the criminal law that defines criminal offenses and
defenses and specifies punishment
Procedural Criminal Law - (ANSWER)Branch of the criminal law that deals with the processes by which
crimes are investigated, prosecuted, and punished
What is the Doctrine of Judicial Review? - (ANSWER)The power of courts to review governmental acts
and declare them null and void if found unconstitutional
Federalism - (ANSWER)The constitutional distribution of government power and responsibility between
the national government and the states - Government is limited by Constitution
Federal Government/Congress - (ANSWER)Does not have general police powers and can only deal with
immigration, interstate commerce, treason, piracy, etc...
Anything that Congress passes must tie back to the Constitution
Commerce Clause - (ANSWER)Basically enables Congress to do anything
Examples of such: "Ham Sandwich" - Congress can make a law in New York outlawing eating a ham
sandwich because the ham comes from Michigan therefore hurts/conflicts with Michigan's
commerce/Interstate commerce
Real life example: Wisconsin banned margarine because it conflicted with their dairy commerce
Supreme Court - (ANSWER)Final decision makers on where the law conflicts, also settle disputes from
the lower courts - Supreme Court always wins
Criminal Case - (ANSWER)Must have beyond reasonable doubt and evidence at about 90%
, Criminal Law & Procedure - Scheb 8th Edition comprehensive Questions and
Answers with 100% Correct Answers | Latest Version Already Graded A+
Civil Case - (ANSWER)Based on the preponderance of evidence at about 50% also has a lot less jurors vs
criminal cases
Actus Reus - (ANSWER)The "wrongful act" which, combined with all other elements of crime, constitutes
criminal liability/punishment
Mens Rea - (ANSWER)The guilty mind or criminal intent behind a crime
What do you need to be accused in a criminal case? - (ANSWER)Both actus reus and mens rea
Strict Liability Offenses - (ANSWER)Absent of mens rea/guilty mind but the act must be present - crimes
that do not require proof of the defendants intent
Example: "A" said he wants "B" dead after "B" slept with "A"s wife. After awhile, "A" and "B" reconcile
but "A" accidentally kills "B" in a car crash. "A" can still be convicted of murder.
Felonies - (ANSWER)Serious crimes punishable by a year + 1 day in prison.
Misdemeanors - (ANSWER)Minor offense punishable by fine or imprisonment for less than one year.
Michigan Misdemeanor (Hybrid Penalty System) - (ANSWER)Circuit Court Misdemeanor: penalty of two
years and can be seen as a felony after conviction
Torts - (ANSWER)Noncriminal wrongs of injuries, other than breaches of contract, for which the remedy
is a civil suit for damages
Examples: Injuries caused by another
Mala in Se - (ANSWER)Wrong in and of itself; universally condemned- Part 1 crimes; rape, arson, murder,
etc...
