Post Test #1 Ld 5,15,16,20,39
3 origins of law - ANSWER-Constitutional, statutory and case law
Constitutional Law - ANSWER-Rules and provisions found in the federal and state
constitutions
Statutory Law - ANSWER-Written laws enacted by a legislative body
Case Law - ANSWER-Previous appellate court decisions that are binding on lower
court decisions (know as precedent)
Primary purpose is to interpret constitution and clarify statutes
Letter of the Law - ANSWER-The law is strictly applied in accordance with the
literal meaning of the statute, leaving no room for interpretation
Spirit of the law - ANSWER-The law is applied in accordance with the intent of the
legislature, the promotion of fairness and justice, and not solely in literal
compliance with the words of the statute
Criminal Law - ANSWER-Violations of the criminal statutes
,Civil Law - ANSWER-Non-criminal violations of the law or private wrongs
committed by one person of another (civil wrong called a tort)
Tort by omission - ANSWER-Omission of an act or negligence may also be a tort if
it violates a legal duty owed to another person
PC 15 - ANSWER-Defines a crime or public offense
Penalties:
Death
Imprisonment
Fine
Removal from office
Disqualification to hold and enjoy any office of honor, trust, or profit in CA
Elements of a crime - ANSWER-The basic facts that must be proven by the
prosecution to sustain a conviction
Intent - ANSWER-A mental state or frame of mind that the person knowingly did
the particular crime
Transferred intent - ANSWER-When an unlawful act affects a person other than, or
in addition to, the person it was intended to affect
, Criminal Negligence - ANSWER-A negligent act that is aggravated or reckless, and
constitutes indifference to the consequences
Attempt crimes not defined in penal codes - ANSWER-Charged under the general
provisions of 664 PC (attempts) and the PC for the crime attempted
Example: 664 PC and 459 PC = attempted burglary
Attempted crime elements - ANSWER-An intent to commit that crime
A direct, but ineffectual act done toward its commission
Elements that are basic to every crime - ANSWER-Commission of a prohibited act,
or an omission of a required act
Presence of a designated state of mind (intent)
3 crime categories - ANSWER-Felonies, Misdemeanors, and Infractions
Felony - ANSWER-A crime punishable by a fine, and/or imprisonment in a state
prison, death or removal from office
PC 17
Misdemeanor - ANSWER-A crime of lesser gravity than a felony, punishable by a
fine and/or imprisonment in a county jail
3 origins of law - ANSWER-Constitutional, statutory and case law
Constitutional Law - ANSWER-Rules and provisions found in the federal and state
constitutions
Statutory Law - ANSWER-Written laws enacted by a legislative body
Case Law - ANSWER-Previous appellate court decisions that are binding on lower
court decisions (know as precedent)
Primary purpose is to interpret constitution and clarify statutes
Letter of the Law - ANSWER-The law is strictly applied in accordance with the
literal meaning of the statute, leaving no room for interpretation
Spirit of the law - ANSWER-The law is applied in accordance with the intent of the
legislature, the promotion of fairness and justice, and not solely in literal
compliance with the words of the statute
Criminal Law - ANSWER-Violations of the criminal statutes
,Civil Law - ANSWER-Non-criminal violations of the law or private wrongs
committed by one person of another (civil wrong called a tort)
Tort by omission - ANSWER-Omission of an act or negligence may also be a tort if
it violates a legal duty owed to another person
PC 15 - ANSWER-Defines a crime or public offense
Penalties:
Death
Imprisonment
Fine
Removal from office
Disqualification to hold and enjoy any office of honor, trust, or profit in CA
Elements of a crime - ANSWER-The basic facts that must be proven by the
prosecution to sustain a conviction
Intent - ANSWER-A mental state or frame of mind that the person knowingly did
the particular crime
Transferred intent - ANSWER-When an unlawful act affects a person other than, or
in addition to, the person it was intended to affect
, Criminal Negligence - ANSWER-A negligent act that is aggravated or reckless, and
constitutes indifference to the consequences
Attempt crimes not defined in penal codes - ANSWER-Charged under the general
provisions of 664 PC (attempts) and the PC for the crime attempted
Example: 664 PC and 459 PC = attempted burglary
Attempted crime elements - ANSWER-An intent to commit that crime
A direct, but ineffectual act done toward its commission
Elements that are basic to every crime - ANSWER-Commission of a prohibited act,
or an omission of a required act
Presence of a designated state of mind (intent)
3 crime categories - ANSWER-Felonies, Misdemeanors, and Infractions
Felony - ANSWER-A crime punishable by a fine, and/or imprisonment in a state
prison, death or removal from office
PC 17
Misdemeanor - ANSWER-A crime of lesser gravity than a felony, punishable by a
fine and/or imprisonment in a county jail
