POST TEST #1 LD 5,15,16,20,39 Questions and Answers

POST TEST #1 LD 5,15,16,20,39 Questions and Answers 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 PC 19 Wobbler -Answer-A crime that can be punished either as a felony or misdemeanor Infraction -Answer-A public offense punishable by a fine only PC 31 -Answer-Principle include all persons involved in the commission of a crime (need not to be present) Aids and Abets -Answer-If he or she actively assists, supports, promotes, encourages, strengthens, or instigates by act or advice in the commission of the offense Accesory -Answer-Anyone who, after a felony, has committed