GPSTC Exam 1- GA Criminal Law UPDATED ACTUAL
Questions and CORRECT Answers
1. Constitutional Law
3 Origins of Law in today's legal
2. Statutory Law
system
3. Case Law
the SUPREME law of the land.
- defines the powers and duties of the government
- guarantees certain rights to the public
Constitutional Law (Basic Laws - Federal, local, and state courts are bound by U.S Constitution
of a nation/state)
** States can ADD, but CANNOT take away from U.S Constitution
civil liberties.
*** Law Enforcement Officers are bound by this
Written laws of states.
- ALL crimes are statutory in GA; has to be listed in book for it be
a crime and enforceable
- Adjoining Statue: Statute Crimes with their listed punishments
(No crime-No Punishment- No Statute)
Statutory Laws (State Laws)
* Ex Post Facto Laws: laws written after the fact to punish an
action that has already taken place and not illegal at time of
commission...
--> The Law must be enacted BEFORE alleged criminal act takes
place
Laws passed by city/county
Local Ordiances (City/County
- city ordinances bring in money to the CITY
statutes)
- state/felony go to state courts, money goes to COUNTY
, Case Law that is based upon previous appellate court and are
binding on lower court decisions (Precedent)
Purposes of Case Law:
Case Law (Court Law) Federal &
1. Interpret the Constitution
State Laws
2. Clarify Statutes
Federal: Applies varies on Circuit
State: always applicable
GA, AL, FL make up the 11th Circuit of the Federal Appeals Court
System.
@ State Level:
Superior Court: highest court in GA for trial
GA 11th Circuit and Federal/State Anything below is a hearing (appeal) in Court of Appeals
Courts
@ Federal Level:
11 Federal District Courts
Northern District, Middle District, Southern District, and 11th
Circuit Court of Appeals.
(Varies based on location)
- Violations against ALL people of Georgia
- Deals with criminal statutes (public wrongs)
________ VS. STATE OF GA
- Prosecution is Consequence
Criminal Law
- Punishment is PURPOSE; to deter criminal behavior and to
rehabilitate criminals
* Can be jailed for criminal wrong
* Proof Required: Beyond a reasonable doubt
- Noncriminal violations against another person
- Tort: civil wrong that comes from failure to obey a breach of
contract/ fail to act
- Tort of Omission: when failure to act violates a legal duty owed
to another person
Civil Law (Tort)
ex: Walmart forgets to notify wet floors
- Redress is PURPOSE; to right a wrong
- Lawsuit, money compensation is Consequence
* Proof Required: preponderance of evidence
* You cannot be jailed for civil wrong
If ONLY CIVIL, officers LACK the authority to force a resolution
to the dispute.
Civil Law/Criminal Law Officer
- they must stand-by, preserve peace, maintain order
ability
** Court will DECIDE resolution
ex: Marriage disputes over property
In CIVIL cases, a preponderance of evidence is considered
24-4-3 Preponderance of sufficient to produce mental conviction
Evidence In CRIMINAL cases, a greater strength of mental conviction is
needed to deem verdict guilty
https://quizlet.com/258057842/gpstc-exam-1-ga-criminal-law-flash-cards/ 2/5
Questions and CORRECT Answers
1. Constitutional Law
3 Origins of Law in today's legal
2. Statutory Law
system
3. Case Law
the SUPREME law of the land.
- defines the powers and duties of the government
- guarantees certain rights to the public
Constitutional Law (Basic Laws - Federal, local, and state courts are bound by U.S Constitution
of a nation/state)
** States can ADD, but CANNOT take away from U.S Constitution
civil liberties.
*** Law Enforcement Officers are bound by this
Written laws of states.
- ALL crimes are statutory in GA; has to be listed in book for it be
a crime and enforceable
- Adjoining Statue: Statute Crimes with their listed punishments
(No crime-No Punishment- No Statute)
Statutory Laws (State Laws)
* Ex Post Facto Laws: laws written after the fact to punish an
action that has already taken place and not illegal at time of
commission...
--> The Law must be enacted BEFORE alleged criminal act takes
place
Laws passed by city/county
Local Ordiances (City/County
- city ordinances bring in money to the CITY
statutes)
- state/felony go to state courts, money goes to COUNTY
, Case Law that is based upon previous appellate court and are
binding on lower court decisions (Precedent)
Purposes of Case Law:
Case Law (Court Law) Federal &
1. Interpret the Constitution
State Laws
2. Clarify Statutes
Federal: Applies varies on Circuit
State: always applicable
GA, AL, FL make up the 11th Circuit of the Federal Appeals Court
System.
@ State Level:
Superior Court: highest court in GA for trial
GA 11th Circuit and Federal/State Anything below is a hearing (appeal) in Court of Appeals
Courts
@ Federal Level:
11 Federal District Courts
Northern District, Middle District, Southern District, and 11th
Circuit Court of Appeals.
(Varies based on location)
- Violations against ALL people of Georgia
- Deals with criminal statutes (public wrongs)
________ VS. STATE OF GA
- Prosecution is Consequence
Criminal Law
- Punishment is PURPOSE; to deter criminal behavior and to
rehabilitate criminals
* Can be jailed for criminal wrong
* Proof Required: Beyond a reasonable doubt
- Noncriminal violations against another person
- Tort: civil wrong that comes from failure to obey a breach of
contract/ fail to act
- Tort of Omission: when failure to act violates a legal duty owed
to another person
Civil Law (Tort)
ex: Walmart forgets to notify wet floors
- Redress is PURPOSE; to right a wrong
- Lawsuit, money compensation is Consequence
* Proof Required: preponderance of evidence
* You cannot be jailed for civil wrong
If ONLY CIVIL, officers LACK the authority to force a resolution
to the dispute.
Civil Law/Criminal Law Officer
- they must stand-by, preserve peace, maintain order
ability
** Court will DECIDE resolution
ex: Marriage disputes over property
In CIVIL cases, a preponderance of evidence is considered
24-4-3 Preponderance of sufficient to produce mental conviction
Evidence In CRIMINAL cases, a greater strength of mental conviction is
needed to deem verdict guilty
https://quizlet.com/258057842/gpstc-exam-1-ga-criminal-law-flash-cards/ 2/5
