chapters 3 & 4 study guide. arson- the willful and malicious burning of a house or building

CHAPTERS 3 & 4 STUDY GUIDE

Arson-

• the willful and malicious burning of a house or building.

Assault-

• an attempt to commit battery.

Assumption of risk-

• The negligence defense that might be used by a baseball club that is sued by spectators.

Battery-

• the unlawful touching of another person.

Breach of duty-

• is the element of negligence that involves the failure to act as a reasonable person.

Burglary-

• breaking and entering a place with the intent to commit a felony or misdemeanor.

Comparative negligence-

• The doctrine where the amount of the plaintiff’s recovery is reduced by the percent of his or her negligence.

Crime-

• an offense against the public at large.

defamation

• the wrongful act of injuring another person’s reputation by making false statements.

Defendant-

• the person being tried for a crime.

Defense of family members-

• may be claimed by a father who uses force to save his child from an attack.

Embezzlement

• The wrongful taking of another’s property by a person who has been entrusted with that property.

Entrapment-

• when a law enforcement officer induces a law-abiding citizen to commit a crime.

Felony

• a major crime punishable by imprisonment or death.

Intentional tort-

• is a wrong committed by a person who knows and wants the resulting consequences.

Kidnapping-

• occurs when a person is removed or restrained against their will.

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.

Manslaughter-

• The unlawful killing of one human being by another, without malice or aforethought.

Misdemeanor-

• a less serious crime with a possible penalty of a fine or brief imprisonment in a county or city jail.

Murder-

• the unlawful killing of another human being with malice aforethought.

Negligence-

• the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.

Nuisance-

• loud noises late at night, noxious odors, and fumes coming from a nearby house are examples.

Plaintiff-

• a representative of the government in a criminal proceeding.

Prosecutor-

• the government attorney who presents the case in court against the person accused.

Required state of mind-

• one of the elements that define a crime (2) the criminal act.

Robbery-

• the wrongful taking and carrying away of the personal property of another through violence.

Slander-

• is a false statement made orally to a third party.

Strict liability-

• People who are engaged in ultrahazardous activities may be held liable even without negligence or malice.

Tort-

• a private wrong committed by one person against another.

Trespass-

• A wrongful injury to, or interference with, the property of another.

Are lookouts for a crime liable for the crime?

• Yes

THE END!!!

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