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1. What is a crime? A wrong committed against the public at large for which criminal punishments
are available.
Or
"A crime is an act, or failure to act, prohibited by law and punishable by the
government."
2. What is a tort? A civil wrong (not a contract breach) capable of redress w/money damages or
injunctions
Or
A tort is an act, or failure to act, in which the law provide a remedy for the victim
through a civil action (claim and/or lawsuit).
3. What does it mean To file and litigate a court case charging someone with a crime
to prosecute some-
one?
4. What does it mean • To file a civil court case against ....
to sue or file a suit?
5. Define the term Common law refers to ancient rights, customs, and principles developed over
"common law." time through the English court system.
6. Are there "common There are no common law crimes in the US.
laws" witching the
United States? All criminal laws in the US are found in written statues (statutory laws).
7. Define the term Probable Cause or PC can be defined as facts and circumstances that would lead
"Probable Cause." a reasonable prudent person to believe that a criminal offense has probably
taken place and the person charged with that offense probably committed it.
, LMPT Exam 2
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8. What two things do A prohibited act and a criminal act.
most crimes consist
of?
9. What are the General Intent offenses
two different kinds
of criminal intent And
(state of mind) of-
Specific Intent offenses
fenses?
10. In order to be con- In order to be convicted (found guilty) of a crime, the court must prove "beyond
victed of a crime, a reasonable doubt" that the person committed the crime. They are either
how must the court sentenced to jail or prison and will have some sort of probation or parole.
prove the case and
what is the disposi-
tion?
11. Can a family mem- No - The government can only charge someone with a crime.
ber charge some-
one with a crime? Note: the family could sue the individual / agency through civil court
Crime = Government v. Person
12. Are crimes prose- Crimes are always prosecuted.
cuted or sued?
Civil actions are always suets.
13. If an individual is No! A tort is a civil action (think plaintiff v. defendant) and they are sued.
part of a tort, are
they being charged Private, civil wrong (Plaintiff v. defendant) Sued
with a crime? Proof of preponderance of the evidence (more likely than not.)
Found Liable
Compensated (money or injunction) The family could sue a individual or
agency