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Crime – a punishable offense against
society
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Elements of a Crime:
› A duty to do or not to do a certain thing
› Criminal Act - An act or omission in violation
of that duty
› Criminal Intent – Intent to commit the act
and do evil

Crimes against a person: assault and battery, kidnapping,
rape, murder
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Crimes against property: theft, robbery, embezzlement
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Crimes against the government: treason, tax evasion, perjury
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Crimes against public peace: rioting, disorderly conduct,
speeding
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Crimes against realty: burglary, arson, trespassing
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Crimes against consumers: fraudulent sale of securities,
violation of pure food and drug laws
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Crimes against decency: bigamy, obscenity, prostitution
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Felony – a crime punishable by more than 1
year in prison and/or a fine of more than
$1,000

In some cases, a felony can also be
punishable by death.

Misdemeanor – a crime punishable by less
than 1 year in prison and/or a fine

Infraction – a less serious misdemeanor only
punishable by fines

Embezzlement – the taking another person’s
money or property by a person whom it was
entrusted to
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Perjury – lying under oath
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Larceny (theft) – the wrongful taking of money
or personal property with intent to deprive the
owner of possession
› Robbery – taking of money or property from a
person against their will by force or causing fear
› Burglary – entering a building without permission
with intention to commit a crime
› Shoplifting, pick-pocketing, purse snatching

Receiving Stolen Property – knowingly
receiving or buying property known to be
stolen with intent to deprive the rightful owner
of the property

False Pretenses – obtaining money or property
by lying about a fact

Forgery – falsely making or altering a writing to
defraud another

Bribery – unlawfully offering or giving anything
of value to influence performance of an
official

Extortion (blackmail) – obtaining money or
other property from a person by wrongful
use of force, fear, or power

Conspiracy – an agreement between 2 or
more people to commit a crime

Arson – the willful and illegal burning of a
building
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Your rights when arrested:
› Fair procedure during an investigation and in
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court
Defendants may not be compelled to testify
against themselves
Cross-examination of witnesses
Right to be represented by a lawyer
Must be proven guilty beyond a reasonable
doubt

A person who aids another person in the
commission of a crime is also guilty of
criminal wrongdoing.

One who plans the crime or intentionally
helps in the act is guilty of the same crime.

Example: If someone is killed during the
commission of a felony, all accomplices
are guilty of the homicide.

Defense – establishing a way for the
defendant to escape liability

Procedural Defenses – defenses based on
problems with the way evidence is obtained
or the way the accused is arrested,
questioned, tried, or punished

Substantive Defenses – ways to disprove,
justify, or excuse the alleged crime by
discrediting facts established by the
prosecution

Self-defense – use of force necessary to
prevent death, serious bodily harm, rape,
or kidnapping

Criminal Insanity – exists when the defense
can prove the accused does not know the
difference between right and wrong

Immunity – freedom from prosecution even
when that person has committed a crime
› A witness who refuses to testify after being
granted immunity is in contempt of court

Punishment - any penalty provided by
law and imposed by a court

Plea Bargain – agreeing to plead guilty
to a less serious crime in exchange for
having a more serious crime dropped
› Gives up right to trial to avoid risk or harsher
punishment if convicted

Torts – a private or civil wrong against an
individual
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If a tort is committed, the victim can sue and
obtain a judgment for money damages.

Elements of a tort:
› Duty
› Breach
› Injury
› Causation (Proof)

Duty – a legal obligation to do or not to do
something
› We have duties to not injure another person’s body,
reputation, or privacy; not to interfere with other’s
property rights; not to interfere with other’s economic
rights
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Breach – a violation of the duty
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Injury – a harm that is recognized by law
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Causation (proof) – Proof that the breach caused
the injury
› Proximate Cause – when it is reasonably foreseeable
that breach of duty will result in an injury

Intentional Torts – torts for which the
defendant intended either the injury or the act

Assault – when one person intentionally
threatens to physically or offensively injure
another
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Battery – an intentional breach of the duty to
refrain from harmful or offensive touching

False Imprisonment – depriving a person’s
freedom of movement without the person’s
consent and without privilege

Defamation – injuring someone’s
reputation by issuing false statements
› Written = Libel; Spoken = Slander
› Statement must be false, communicated to a
third person, or brings the victim contempt or
ridicule by others

Invasion of Privacy – the unwelcome and
unlawful intrusion into one’s private life to
cause outrage, mental suffering, or
humiliation
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Trespassing – entry onto property without the
owner’s consent

Conversion – if the right to control and use a
possession is violated
› Right is violated if the possession is stolen, destroyed, or
used in a manner inconsistent with the owner’s rights

Interference with Contractual Relations – when a
third party entices or encourages the breach of a
contract

Fraud – intentional misrepresentation of an
existing important fact

Negligence – the most common tort; intent is
not required, only carelessness

The Reasonable-Person Standard – a duty that
requires us to act with the care, prudence,
and good judgment to not cause injury to
others
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Defenses to negligence:
› Contributory (Comparative) Negligence – when a
plaintiff’s own negligence was a partial cause for
the injury
› Assumption of Risk – when a plaintiff is aware of a
danger but decides to subject themselves to the
risk
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Strict Liability – even though the defendant
was not negligent, they are liable if
engaged in an activity that resulted in
injury
› Proof of both the activity and injury substitute
for proof of a violation of a duty

Examples: target practice, ownership of
dangerous animals, sale of goods that are
unreasonably dangerous

Injunction – a court order issued for a
person to do or not to do a particular act in
order to prevent a tort

Damages – a monetary award to the
injured party to compensate for loss
› Goal is to place in injured party back in the
same position as if the tort never happened
› Usually used to reimburse the plaintiff for lost
wages, medical bills, pain, and suffering
› Lawyers often get a percentage of the
damages (25% - before, 33% - trial, 40% appeal)

Evidence – anything the judge allows to be presented to the jury to
prove or disprove facts

Testimony – statements by witnesses under oath
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Witness – someone with personal knowledge of the facts of a case

Subpoena – written order buy the judge commanding a witness to
appear in court to testify
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Contempt of Court – action that hinders the administration of justice
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Verdict – the jury’s decision; Judgment – final result of a civil trial

Writ of Execution – used if the defendant does not pay damages;
the process by which a judgment for money is enforced; the court
directs the defendant’s property seized or sold to pay the judgment