John Doe 1L XXXXXXXXXX Contracts November 15, 2018 Definitions Assignment Offer: An offer is a manifestation of present contractual intent and is comprised of a promise to carry out the terms of a...

1. Actus Reus: Actus Reus refers to the overt act. (Clancey’s Outlaw)
Example: Perjury is committed whenever someone makes a press release which they are doing not believe to be true while on oath. Whether or not that statement makes a difference to the trial isn't as important as to if the offence of perjury has been committed.
2. Mens rea: Mens rea refers to a guilty mind or wrongful intent. (Clancey’s Outlaw)
Example: dishonest, intentionally, fraudulently, or knowingly.
3. Malum in se: Malum in se refers to a wrong in itself, in other words, something naturally evil. (Clancey’s Outlaw)
Example: Most human beings believe that murder, rape, and robbery are wrong, regardless of whether a law governs such conduct or where the conduct occurs, and is thus recognizably malum in se.
4. Malum Prohibitum: Malum prohibitum refers to something made wrong by legislation. (Clancey’s Outlaw)
Example: Public intoxication, carrying a concealed weapon, speeding, tax avoidance, etc.
5. Felony: : A felony, in most jurisdictions, is a crime that is punishable by death or by a sentence of more than one year even though the sentence actually imposed is one year Clancey’s Outlaw on Criminal Law - 2011 Page 2 of 23 or less. However, in some states, a crime is a felony if the sentence is to be served in a state prison, as opposed to a county or city jail. (Clancey’s Outlaw)
Example: Murder, rape, aggravated assault, kidnapping, but can also include white-collar crimes (tax evasion), and securities fraud.
6. Misdemeanor: A misdemeanor is any crime that is not felony. (Clancey’s Outlaw)
Example: Sexual assault would be an example of a gross misdemeanor.
7. The corpus delicti: The corpus delicti is the body of the crime, meaning the prima facie case or elements of the crime. Generally, the term embodies both the obvious evidence of a crime and the logical conclusion based upon that evidence that the elements of a crime have been committed, for example, a dead body with a knife sticking out and the logical conclusion that a homicide has been committed. (Clancey’s Outlaw)
Example: A person cannot be tried for larceny unless it can be proven that property has been stolen.
8. Intended Results Doctrine: In general, a defendant is the proximate cause of a result, even if there is an intervening cause, if the defendant intended the result that occurred. But, one should be very precise in stating what result the defendant intended: a person may want someone dead in a particular manner, in which case this doctrine only applies if the result occurs in the desired manner.
For example, if a murderer intends to kill John, but accidentally kills George instead, the intent is transferred from John to George, and the killer is held to have had criminal intent.
9. Doctrine of Contributory Causes: Under contributory negligence, a plaintiff was totally barred from recovery if they were in any way negligent in causing the accident, even if the negligence of the defendant was much more serious.
 A pedestrian crosses a road negligently and is hit by a driver who was driving negligently. Since the pedestrian has also contributed to the accident, they may be barred from complete and full recovery of damages from the driver (or their insurer) because the accident was less likely to occur if it hadn't been for their failure to keep a proper lookout.
10. Homicide: Homicide is the killing of one human being by another human being. (Clancey’s Outlaw)
One primary example is a killing in justified self-defense or defense of someone else. Such a homicide is deemed justified if the situation called for self-defense and state law allows lethal force in that type of situation.
11. Murder: Murder is a homicide committed with malice aforethought. (Clancey’s Outlaw)
An example of murder is the killing of one person by another. 
12. first degree murder: : First degree murder is murder committed by poison; torture; lying in wait; or other willful, deliberate and premeditated means; or murder that results from application of the Felony Murder Rule. (Clancey’s Outlaw)
First degree murder is the most serious criminal homicide. Typically, first degree murder is both intentional and premeditated. Premeditated can mean anything from a long time plan to kill the victim, to a shorter term plan. The intent of the accused murderer does not need to be focused on the actual victim. If someone planned on killing one victim, but by accident kills someone else, the murder is still intentional and premeditated meaning a first degree murder charge.
13. second degree murder: Second degree murder is all murders which are not first degree murder, in other words, those homicides committed with malice aforethought but which do not meet the requirements for murder in the first degree. (Clancey’s Outlaw)
instead of shooting Bill, Adam grabs a shovel and whacks Bill in the head with all his strength.
14. manslaughter: The unlawfull killing of a human being without malice afterthought. (Black’s Law Dictionary)
texting and driving
15. voluntary manslaughter: : Voluntary manslaughter is a murder which, because of mitigating circumstances, is treated as less heinous than first or second degree murder. (Clancey’s Outlaw)
 The classic example of voluntary manslaughter involves a husband who comes home unexpectedly to find his wife committing adultery.
16. involuntary manslaughter: Involuntary manslaughter is an unintentional homicide committed without malice but under circumstances involving either gross negligence or the commission of a crime not covered by the Felony Murder Rule. (Clancey’s Outlaw)
The death of a cancer victim who had such implants may result in more serious charges of involuntary manslaughter.
17. malice aforethought: Malice aforethought is the mens rea required for murder. It exists when the defendant has a "man endangering state of mind" as evidenced by one of the following intentions: 1) an intent to kill as expressed by the defendant; 2) an intent to cause serious bodily harm as implied by the defendant’s actions; 3) a wanton and willful disregard of human life (depraved or malignant heart) as implied by the defendant’s actions; or 4) an intent to commit a dangerous felony as implied by the defendant’s actions. (Clancey’s Outlaw)
John his mad that his girlfriend has dumped him for is worst enemy, Cam. He buys a gun and ammunition, gets training and practices shooting, then waits for his enemy to come out of his place of work and then shoots him. The shooting was caught on video.
18. Willful: Willful means voluntary and intentional. (Clancey’s Outlaw)
Common examples of such willful misconduct include excessive absenteeism, habitual lateness, deliberate violations of an employer's rules and regulations, reporting for work in an intoxicated condition, and drinking alcoholic beverages while on the job.
19. Deliberation: Deliberate means carefully considered. (Clancey’s Outlaw)
A defendant convicted of first degree murder for strangling a victim with a lamp cord premeditated the murder.
20. Premeditation: : Premeditated means thought out or planned beforehand. (Clancey’s Outlaw)
deciding to pick up a hammer that is lying nearby and to use it as a weapon.
21. actual cause or cause in fact: An actual cause is the cause which starts, ignites or makes possible the result which follows, and which satisfies the “But For" or Substantial Factor Test. (Clancey’s Outlaw)
When a bus strikes a car, the bus driver's actions are the actual cause of the accident.
22. proximate cause: In criminal law, an actual cause of harm is also the proximate cause if the act is closely connected enough to the resulting harm that it is fair to hold the defendant responsible for causing the harm. Under the Model Penal Code, this means that the resulting harm is not “too remote or accidental” from the defendant’s act to make it unfair to hold him responsible. (Clancey’s Outlaw)
 the plaintiff will have to show that the injuries were the natural and direct consequence of the proximate cause, without which the injuries would not have occurred.
23. assault: Assault is the intentional threatening of another with battery and the creating of reasonable apprehension of immediate bodily harm in the victim. Additionally, in criminal law, an assault is an attempted but failed battery regardless of whether the intended victim was aware of the attempt. (Clancey’s Outlaw)
George, the pointing of loaded gun to another is an assault. If the pistol is not loaded, then even it may be an assault, if pointed at such a distance that it may cause injury. if a person advances the manner of threatening to use force , then there is assault.
24. Battery: Battery is the intentional, harmful or offensive touching of another person.
For example, if a woman pours a mug of hot water on someone else, this could be a battery.
25. false imprisonment kidnapping: : False imprisonment is the intentional confinement of another person against his will. (Clancey’s Outlaw)
The main difference is that the crime of kidnapping is when one person abducts another to a new place, usually followed by holding them against their will. False imprisonment cannot occur in a kidnapping situation because the person has been removed to a new area.
26. Rape: Rape is sexual intercourse with a woman without her consent. (Clancey’s Outlaw)
The definition of rape also included sex when her consent has...