PC 832 LAWS OF ARREST UPDATED
Exam Questions and CORRECT Answers
LEARNING DOMAIN 5
THE THREE ORGINS OF LAW FOUND IN TODAY'S LEGAL SYSTEM ARE: - CORRECT
ANSWER - CONSTITUTIONAL LAW
STATUTORY LAW
CASE LAW
CONSTITUTIONAL LAW AND BILL OF RIGHTS - CORRECT ANSWER - FEDERAL
COURTS AND LOCAL/STATE COURTS ARE BOUND BY THE U.S CONSTITUTION
WHICH IS THE SUPREME LAW OF THE LAND.
STATES MAY ADD TO BUT NOT TAKE AWAY, ANY OF THE CIVIL LIBERTIES
GUARANTEED BY THE U.S CONSTITUTION.
L.E OFFICERS ARE ALSO IMPACTED BY THE DECISIONS OF THESE COURTS
T/F
MANY OF THE RULES GOVERNING CRIMINAL PROCEDURE SUCH AS DUE
PROCESS, SEARCH AND SEIZURE, SELF-INCRIMINATION, AND EQUAL
PROTECTION ARE SET FORTH IN THE FIRST 10 AMENDMENTS OF U.S
CONSTITUTIONS (BILL OF RIGHTS) - CORRECT ANSWER - TRUE
STATUTORY LAW - CORRECT ANSWER - CONSISTS OF THE WRITTEN LAWS
ENACTED BY A LEGISLATIVE BODY
ALL CRIMES ARE STATUTORY IN CALIFORNIA.
, TO BE ENFORCEABLE, A LAW MUST BE WRITTEN, A CONCEPT BASED ON THE
LEGAL PRINCIPLE THAT "THERE IS NO CRIME IF THERE IS NO STATUE" AND A
PUNISHMENT MUST BE PROVIDED.
WHAT IS ARE AN EX POST FACTO LAW? - CORRECT ANSWER - LAWS
WRITTEN AFTER THE FACT TO PUNSIH AN ACTION THAT HAS ALREADY TAKEN
PLACE AND WAS NOT ILLEGAL AT THE TIME OF THE COMMISSION.
(THE LAW MUST HAVE BEEN ENACTED BEFORE THE ALLEGED CRIMINAL ACT
TOOK PLACE)
BOTH THE U.S AND CALIFORNIA STATE CONSTITUTIONS PROHIBIT EX POST
FACTO
CASE LAW - CORRECT ANSWER - IS BASED UPON PREVIOUS APPELLATE
COURT DECISIONS THAT ARE BINDING ON THE LOWER COURT DECISIONS.
THIS IS ALSO KNOWN AS PRECEDENT.
THE PRIMARY PURPOSES OF CASE LAW ARE TO: - CORRECT ANSWER -
INTERPRET THE CONSTITUTION
CLARIFY STATUES
CALIFORNIA TRIAL COURTS MUST FOLLOW BOTH STATE AND FEDERAL
APPELLATE COURT DECISIONS
LETTER OF THE LAW - CORRECT ANSWER - THE LAW IS STRICTLY APPLIED
IN ACCORDANCE WITH THE LITERAL MEANING OF THE STATUE, NO ROOM FOR
INTERPRETATION
SPIRIT OF THE LAW - CORRECT ANSWER - THE LAW IS APPLIED IN
ACCORDANCE WITH THE INTENT OF THE LEGISLATURE, THE PROMOTION OF
Exam Questions and CORRECT Answers
LEARNING DOMAIN 5
THE THREE ORGINS OF LAW FOUND IN TODAY'S LEGAL SYSTEM ARE: - CORRECT
ANSWER - CONSTITUTIONAL LAW
STATUTORY LAW
CASE LAW
CONSTITUTIONAL LAW AND BILL OF RIGHTS - CORRECT ANSWER - FEDERAL
COURTS AND LOCAL/STATE COURTS ARE BOUND BY THE U.S CONSTITUTION
WHICH IS THE SUPREME LAW OF THE LAND.
STATES MAY ADD TO BUT NOT TAKE AWAY, ANY OF THE CIVIL LIBERTIES
GUARANTEED BY THE U.S CONSTITUTION.
L.E OFFICERS ARE ALSO IMPACTED BY THE DECISIONS OF THESE COURTS
T/F
MANY OF THE RULES GOVERNING CRIMINAL PROCEDURE SUCH AS DUE
PROCESS, SEARCH AND SEIZURE, SELF-INCRIMINATION, AND EQUAL
PROTECTION ARE SET FORTH IN THE FIRST 10 AMENDMENTS OF U.S
CONSTITUTIONS (BILL OF RIGHTS) - CORRECT ANSWER - TRUE
STATUTORY LAW - CORRECT ANSWER - CONSISTS OF THE WRITTEN LAWS
ENACTED BY A LEGISLATIVE BODY
ALL CRIMES ARE STATUTORY IN CALIFORNIA.
, TO BE ENFORCEABLE, A LAW MUST BE WRITTEN, A CONCEPT BASED ON THE
LEGAL PRINCIPLE THAT "THERE IS NO CRIME IF THERE IS NO STATUE" AND A
PUNISHMENT MUST BE PROVIDED.
WHAT IS ARE AN EX POST FACTO LAW? - CORRECT ANSWER - LAWS
WRITTEN AFTER THE FACT TO PUNSIH AN ACTION THAT HAS ALREADY TAKEN
PLACE AND WAS NOT ILLEGAL AT THE TIME OF THE COMMISSION.
(THE LAW MUST HAVE BEEN ENACTED BEFORE THE ALLEGED CRIMINAL ACT
TOOK PLACE)
BOTH THE U.S AND CALIFORNIA STATE CONSTITUTIONS PROHIBIT EX POST
FACTO
CASE LAW - CORRECT ANSWER - IS BASED UPON PREVIOUS APPELLATE
COURT DECISIONS THAT ARE BINDING ON THE LOWER COURT DECISIONS.
THIS IS ALSO KNOWN AS PRECEDENT.
THE PRIMARY PURPOSES OF CASE LAW ARE TO: - CORRECT ANSWER -
INTERPRET THE CONSTITUTION
CLARIFY STATUES
CALIFORNIA TRIAL COURTS MUST FOLLOW BOTH STATE AND FEDERAL
APPELLATE COURT DECISIONS
LETTER OF THE LAW - CORRECT ANSWER - THE LAW IS STRICTLY APPLIED
IN ACCORDANCE WITH THE LITERAL MEANING OF THE STATUE, NO ROOM FOR
INTERPRETATION
SPIRIT OF THE LAW - CORRECT ANSWER - THE LAW IS APPLIED IN
ACCORDANCE WITH THE INTENT OF THE LEGISLATURE, THE PROMOTION OF
