POST TEST #1 LD 5,15,16,20,39 100% Solved

POST TEST #1 LD 5,15,16,20,39 100% Solved 3 origins of law - answerConstitutional, statutory and case law Constitutional Law - answerRules and provisions found in the federal and state constitutions Statutory Law - answerWritten laws enacted by a legislative body Case Law - answerPrevious 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 - answerThe law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation Spirit of the law - answerThe 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 - answerViolations of the criminal statutes Civil Law - answerNon-criminal violations of the law or private wrongs committed by one person of another (civil wrong called a tort) Tort by omission - answerOmission of an act or negligence may also be a tort if it violates a legal duty owed to another person PC 15 - answerDefines 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 - answerThe basic facts that must be proven by the prosecution to sustain a conviction Intent - answerA mental state or frame of mind that the person knowingly did the particular crime Transferred intent - answerWhen an unlawful act affects a person other than, or in addition to, the person it was intended to affect Criminal Negligence - answerA negligent act that is aggravated or reckless, and constitutes indifference to the consequences Attempt crimes not defined in penal codes - answerCharged 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 - answerAn intent to commit that crime A direct, but ineffectual act done toward its commission Elements that are basic to every crime - answerCommission of a prohibited act, or an omission of a required act Presence of a designated state of mind (intent) 3 crime categories - answerFelonies, Misdemeanors, and Infractions Felony - answerA crime punishable by a fine, and/or imprisonment in a state prison, death or removal from office PC 17 Misdemeanor - answerA crime of lesser gravity than a felony, punishable by a fine and/or imprisonment in a county jail PC 19 Wobbler - answerA crime that can be punished either as a felony or misdemeanor Infraction - answerA public offense punishable by a fine only PC 31 - answerPrinciple include all persons involved in the commission of a crime (need not to be present) Aids and Abets - answerIf he or she actively assists, supports, promotes, encourages, strengthens, or instigates by act or advice in the commission of the offense Accesory - answerAnyone who, after a felony, has committed: • Has knowledge that the principal has committed, been charged with or has been convicted of committing a felony • Harbors, conceals, or aids in a principal in a felony • Has the intention of assisting the principal to avoid or escape arrest, trial, conviction, or punishment Accomplice - answerWhen a principal to a crime testifies for the prosecution against another principal PC 1111 PC 26 - answerThis penal code identifies those individuals who are presumed not capable of committing a crime • Children under 14 • Persons mentally incapacitated • Persons who committed the act or omission - under ignorance or mistake of fact - without being conscious of the act - through misfortune or accident - under threat or malice Reasonable Suspicion - answerWhen an officer has sufficient facts and information to make it reasonable to suspect criminal act