CJ 501-Assignment 2.docx - Tierene Jordan Criminal Law...

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Tierene Jordan January 24, 2013 Criminal Law & Procedure Dr. Louis Minifield Chapters 1 & 2 Definitions and Questions: Chapter 1 1. actus reus - A “wrongful act” that, combined with other necessary elements of crime, constitutes criminal liability. 2. appellate courts -Judicial tribunals that review decisions from lower tribunals. 3. arraignment - An appearance before a court of law for the purpose of pleading to a criminal charge. 4. Bill of Rights - A written enumeration of basic rights, usually annexed to a written constitution-for example, the first ten amendments to the U.S. Constitution. 5. bill of attainder - A legislative act imposing punishment without trial upon persons deemed guilty of treason or felonies (prohibited by the U.S. Constitution) 6. Blackstone’s Commentaries -A massive treatise on the English common law published in 1769 by Sir William Blackstone, a professor at Oxford University. In America, Blackstone’s Commentaries became something of a legal bible. 7. breaches of contract -The violation of a provision in a legally enforceable agreement that gives the damaged party to recourse in a court of law. 8. civil disobedience -The refusal to comply with certain laws or to pay taxes and fines, as a peaceful form of political protest. 9. constitutional supremacy -The doctrine that the Constitution is the supreme law of the land and that all actions and policies of government must be consistent with it. 10. criminal trial - A trial in the court of law to determine the guilt or innocence of a person charged with a crime. 11. death penalty - Capital punishment; a sentence to death for the commission of a crime. 12. decisional law -Law declared by appellate courts in their written decisions and opinions. 13. due process of law -Procedural and substantive rights of citizens against government actions that threaten the denial of life, liberty, or property. 14. English common law -The body of decisional law based largely on custom as declared by English judges after the Norman Conquest of 1066. 15. error correction function - The function of appellate courts in reviewing routine appeals and correcting the errors of trial courts. 16. Ex post facto laws - A retroactive law that criminalizes actions that were legal at the time they were taken or increases punishment for al criminal act after it was committed. 17. fair hearing - A hearing in which both parties have a reasonable opportunity to be heard- to present evidence and make arguments. A fundamental element of due process of law.
18. fair notice -The requirement, stemming from due process, that government provide adequate notice to a person before it deprives that person of life, liberty, or property. 19. federalism - The constitutional distribution of government power and responsibility between the national government and the states.

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