Ch. 3: Types of Law questions with 100% correct answers

Ch. 3: Types of LawCriminal Law Prescribes what we should do and proscribes what we should not do. A violation of criminal law is enforced by the state. The primary purpose of criminal law is to protect the public and individuals from harm by forbidding conduct that may lead to it, punishing harmful acts and deterring similar acts Civil Law Designed to address private wrongs (i.e. property disputes, breaches of contract, personal injuries, etc), focuses on individual wrong doing and restore social harmony. Divided into four major categories: Tort law, Property law, Contract law, Family law What is Crime? Crime is an act in violation of a criminal law for which a punishment is prescribed; the person committing it must have intended to do so and to have done so without a legally acceptable defense or justification Male in se crimes that are universally condemned and criminalized because they are inherently harmful Mala prohibita a society defined crime, may or may not be criminalized based on the particular place and the particular culture. For example, : weed is illegal in some states, and weed is legal in other states Sources of Criminal Law State and Federal Constitutions treason is the only crime specifically mentioned in the U.S. Constitution State and Federal statutes : U.S. Criminal Code (U.S.C. Title 18) & Washington Criminal Code The Common Law What if there is a conflict between state law and federal law? Principles of federalism prevent the federal government from mandating states to activity support or participate in enforcing the federal law The Supremacy Clause: state laws that conflict with federal law are generally preempted and therefore void - states do not have to go along with federal law and can do their own things usually Limitations on the Criminal Law Proportionality punishments must be proportionate to the offense (8th Amendment) Ex post facto law Bill of attainder