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Case law - CORRECT ANSWER-based upon previous appellate court decisions that
are binding on lower court decisions (precedent)
Interpret the constitution
Clarify statutes
Letter of the law vs. spirit of the law - CORRECT ANSWER-Strictly applying the law
in accordance with the literal meaning of the statute vs. the law is applied in
accordance with the intent of the legislature, the promotion of fairness and
justice, and not solely in literal compliance.
Criminal law - CORRECT ANSWER-deals with violations of the criminal statutes;
public wrongs against all people of the State of California.
Consequence: prosecution
Civil law - CORRECT ANSWER-noncriminal violations of the law or private wrongs
committed by one person to another.
Civil wrong: Tort
,Redress: righting a wrong
Injured parties may file a lawsuit for monetary compensation, not including
incarceration.
Peace officers have a duty to investigate any potential criminal violations, even in
civil matters
If only civil: LEOs lack authority to force a resolution to the dispute. The duty is to
stand by, preserve the peace and maintain order.
Constitutional Law - CORRECT ANSWER-Rules and provisions found in the federal
and state constitutions
- Due process, search and seizure, self incrimination, and equal protection
Statutory law - CORRECT ANSWER-the written laws enacted by a legislative body
All crimes are statutory in California
To be enforceable, a law must be written and a punishment must be provided
Ex post facto laws - CORRECT ANSWER-laws written after the fact to punish an
action that has already taken place and was not illegal at the time of commission
(prohibited)
Tort by omission - CORRECT ANSWER-omission of an act or negligence may also be
a tort if it violates a legal duty owed to another person
Civil actions by crime victims - CORRECT ANSWER-victim of a crime can file a civil
action even though the state files criminal charges
, Punishment for a crime - CORRECT ANSWER-death, imprisonment, fine or removal
from office, disqualification to hold and enjoy any office of honor, trust, or profit
in the state of california.
27 PC LD: 5 - CORRECT ANSWER-persons liable for punishment:
All persons who commit, in whole or in part, any crime within california
All persons who commit an offense outside of California which, if committed
inside California, would be larceny, carjacking, robbery, or embezzlement and
bring or are found with any portion of the stolen or embezzled property in
california.
All persons outside of california who cause, aid, advise, or encourage another
person to commit a crime within california, and who are afterwards found in
california.
Criminal intent - CORRECT ANSWER-must exist to distinguish the crime from an
accident or mistake of fact
General intent crimes - CORRECT ANSWER-intent is presumed and does not have
to be proven
Ex: battery, arson, transportation of drugs
Person was aware of their actions or their conduct (ignorance of the law is no
excuse).
Specific intent crimes - CORRECT ANSWER-intent is an element of the offense that
must be proven