Exam 2: Some Important Underlying Concepts

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A defense is a response made by the defendant to a charge in a criminal trial.

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Which of the following tests for insanity was established by the American Law Institute?

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Which of the following tests for insanity established the right versus wrong standard?

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In pre-industrial societies the king/chief acted as an advocate for one side.

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Very few states today have case law, which provides some definition of reasonable doubt.

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The burden of persuasion is commonly referred to as

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The ______test for insanity states that the defendant is not criminally responsible if his or her act was "the product of mental disease or defect."

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The M'Naghten test is also known as the "right versus wrong test."

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The doctrine stating that a victim of an attack need not retreat and may use whatever force is necessary to repel an attack, even if a safe retreat was possible, is the

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Roman law was highly influenced by Babylonian legal principles.

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What is the inevitable discovery exception to the exclusionary rule?

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In the United States the criminal courts utilize the adversary system to establish the guilt of a criminal defendant. What is the rationale behind an adversary system?

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In civil matters, the burden of proof is typically by

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An example of an excuse defense is

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The juvenile court was established as an alternate approach to juvenile offenders and was based on

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The case that applied the reasonable doubt standard to juvenile adjudication is

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One can consent to serious injury.

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Consent must be

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What is the typical burden of proof in a civil trial? What does this burden of proof mean?

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Stare decisis means "guilty mind."

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