PC 832 LAWS OF ARREST EXAM
QUESTIONS & ANSWERS WITH
COMPLETE SOLUTIONS.
LEARNING DOMAIN 5
THE THREE ORGINS OF LAW FOUND IN TODAY'S LEGAL SYSTEM ARE: -
ANSWERSCONSTITUTIONAL LAW
STATUTORY LAW
CASE LAW
CONSTITUTIONAL LAW AND BILL OF RIGHTS - ANSWERSFEDERAL 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) - ANSWERSTRUE
STATUTORY LAW - ANSWERSCONSISTS 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? - ANSWERSLAWS 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 - ANSWERSIS 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: - ANSWERSINTERPRET THE
CONSTITUTION
CLARIFY STATUES
CALIFORNIA TRIAL COURTS MUST FOLLOW BOTH STATE AND FEDERAL
APPELLATE COURT DECISIONS
LETTER OF THE LAW - ANSWERSTHE LAW IS STRICTLY APPLIED IN
ACCORDANCE WITH THE LITERAL MEANING OF THE STATUE, NO ROOM FOR
INTERPRETATION
SPIRIT OF THE LAW - ANSWERSTHE 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
CALIFORNIA CRIMINAL LAW IS REQUIRED TO BE STATUTORY, EACH CODE
PROVISION MUST BE INTERPRETED WITH REGARD TO: - ANSWERSITS
RELATIONSHIP TO OTHER STATUTES
THE INTENT OF THE LEGISLATIVE BODY
THE MEANING OF THE WORDS
THE SCOPE OF ITS EFFECT
STATUTES MUST BE INTERPRETED BY THE COURTS AND PEACE OFFICERS
ACCORDING TO THE SPIRIT OF THE LAW, RATHER THAN THE LETTER OF THE
LAW.
EX: 647F - DRUNK IN PUBLIC , PROVIDE ALTERNATIVES (SPIRIT OF LAW),
MAKING RELEASE TO FAMILY/FRIEND OR PROVISIONS OF AN ESCORT HOME
CRIMINAL LAW - ANSWERSDEALS WITH THE VIOLATIONS OF THE CRIMINAL
STATUTES. SUCH VIOLATIONS ARE CALLED "CRIMES"
CONSEQUENCE FOR VIOLATING CRIMINAL LAW IS PROSECUTION - STATE
PROSECUTES A CRIMINAL WHEN A CRIME HAS BEEN COMMITTED.
QUESTIONS & ANSWERS WITH
COMPLETE SOLUTIONS.
LEARNING DOMAIN 5
THE THREE ORGINS OF LAW FOUND IN TODAY'S LEGAL SYSTEM ARE: -
ANSWERSCONSTITUTIONAL LAW
STATUTORY LAW
CASE LAW
CONSTITUTIONAL LAW AND BILL OF RIGHTS - ANSWERSFEDERAL 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) - ANSWERSTRUE
STATUTORY LAW - ANSWERSCONSISTS 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? - ANSWERSLAWS 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 - ANSWERSIS 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: - ANSWERSINTERPRET THE
CONSTITUTION
CLARIFY STATUES
CALIFORNIA TRIAL COURTS MUST FOLLOW BOTH STATE AND FEDERAL
APPELLATE COURT DECISIONS
LETTER OF THE LAW - ANSWERSTHE LAW IS STRICTLY APPLIED IN
ACCORDANCE WITH THE LITERAL MEANING OF THE STATUE, NO ROOM FOR
INTERPRETATION
SPIRIT OF THE LAW - ANSWERSTHE 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
CALIFORNIA CRIMINAL LAW IS REQUIRED TO BE STATUTORY, EACH CODE
PROVISION MUST BE INTERPRETED WITH REGARD TO: - ANSWERSITS
RELATIONSHIP TO OTHER STATUTES
THE INTENT OF THE LEGISLATIVE BODY
THE MEANING OF THE WORDS
THE SCOPE OF ITS EFFECT
STATUTES MUST BE INTERPRETED BY THE COURTS AND PEACE OFFICERS
ACCORDING TO THE SPIRIT OF THE LAW, RATHER THAN THE LETTER OF THE
LAW.
EX: 647F - DRUNK IN PUBLIC , PROVIDE ALTERNATIVES (SPIRIT OF LAW),
MAKING RELEASE TO FAMILY/FRIEND OR PROVISIONS OF AN ESCORT HOME
CRIMINAL LAW - ANSWERSDEALS WITH THE VIOLATIONS OF THE CRIMINAL
STATUTES. SUCH VIOLATIONS ARE CALLED "CRIMES"
CONSEQUENCE FOR VIOLATING CRIMINAL LAW IS PROSECUTION - STATE
PROSECUTES A CRIMINAL WHEN A CRIME HAS BEEN COMMITTED.
