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29 Cards in this Set

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CONSTITUTIONAL LAW
THE RULES AND PROVISIONS FOUND IN THE FEDERAL AND STATE CONSTITUTIONS FORM THE BASIS OF MODERN CONSTITUTIONAL LAW
STATUTORY LAW
LAWS WHICH ARE ENACTED BY A LEGISLATIVE BODY AND RECORDED IN THE VARIOUS STATE, CONTY OR MUNICIPAL CODES
EX: STATE ASSEMBLY, STATE SENATE, CITY COUNCIL
EXPOST FACTO LAWS
LAWS WRITTEN AFTER THE FACT TO PUNISH AN ACTION THAT HAS ALREADY TAKEN PLACE AND WAS NOT ILLEGAL AT THE TIME OF COMMISSION
CASE LAW
LAWS WHICH ARE BASED ON PREVIOUS APPELLATE COURT DECISIONS THAT HAVE BECOME BINDING ON LOWER COURT DECISIONS
PRECEDENT
THE PRINCIPLE OF CASE LAW
LETTER OF THE LAW
LAW IS STRICTLY APPLIED IN ACCOURDANCE WITH THE LITERAL MEANING OF THE STATUTE, LEAVING NO ROOM FOR INTERPRETATION
SPIRIT OF THE LAW
MEANS THE LAW IS APPLIED IN ACCORDANCE WITH THE INTENT OF THE LEGISLATURE, THE PROMOTION OF FAIRNESS AND USTICE, AND NOT SOLELY IN LITERAL COMPLIANCE WITH THE WORDS OF THE STATUTE
CRIMINAL LAW
(CRIMES)
DEALS WITH VIOLATIONS OF THE CRIMINAL STATUTES
CIVIL LAW
(TORT)
NONCRIMINAL VIOLATIONS OF THELAW OR PRIVATE WRONGS COMMITTED BY ONE PERSON AGAINST ANOTHER
ELEMENTS OF A CRIME
FACTS THAT MUST BE PROVEN BY THE PROSECTUTION TO SUSTAIN A CONVICTION. (INTENT OR CRIMINAL NEGLIGENCE)
GENERAL INTENT CRIMES
CRIMES INTENT IS PRESUMED AND DOES NOT HAVE TO BE PROVEN: BATTERY, ARSON, TRANSPORTATION OF DRUGS OR EXFELON IN POSSESSION OF A FIREARM. POSSESSION OF LESS THAN AN OUNCE OF MARIJUANA,IT IS NOT NECESSARY TO PROVE INTENT, ONLY THAT THE MARIJUANA WAS POSSESSED
SPECIFIC INTENT CRIMES
RECOGNIZED BY THE LANGUAGE OF THE STATUTES, (WITH INTENT TO, FOR THE PURPOSE OF). POSSESSION OF MARIJUANA WITH INTENT TO SELL: POSSESSION MUST BE PROVEN AS WELL AS INTENT TO SELL.
TRANSFERRED INTENT
UNLAWFUL ACT AFFECTS A PESON OTHER THAN, OR IN ADDITION TO, THE PERSON IT WAS INTENDD TO AFFECT (DRIVE BY WITH INNOCENT VICTIMS)
CRIMINAL NEGLIGENCE
FAILURE TO EXERCISE ORDINARY CARE. ACT THAT IS AGGRAVATED OR RECKLESS AND CONSTITUTES INDIFFERENCE TO THE CONSEQUENCES
FELONY
PUNISHABLE BY A FINE AND/OR IMPRISONMENT IN STATE PRISON, DEATH, OR REMOVAL FROM OFFICE
MISDEMEANOR
PUNISHABLE BY A FINE AND/OR IMPRISONMENT IN A COUNTY JAIL
"WOBBLER"
A CRIME THAT CAN BE PUNISHED EITHER AS A FELONY OR MISDEMEANOR
INFRACTION
PUBLIC OFFENSE PUNISHABLE BY A FINE ONLY
PRINCIPALS
INCLUDE ALL PERSONS INVOLVED IN THE COMMISSION OF A FELONY OR MISDEMEANOR (NOTE: A PRINCIPAL NEED NOT BE PRESENT DURING THE ACTUAL COMMISSION OF THE CRIME)
AIDS AND ABETS
HE OR SHE ACTIVELY ASSISTS, SUPPORTS, PROMOTES, ENCOURAGES, STRENGTHENS, OR INSTIGATES BY ACT OR ADVICE, THE COMMISION OF THE OFFENSE
ABET
IMPLIES HAVING A GUUILTY KNOWLEDGE AND FELONIOUS INTENT
AID
IS ACTIVELY ASSISTING OR SUPPORTING WITHOUT KNOWLEDGE OF GUILT
ACCESSORY
ANYONE WHO, AFTER A FELONY HAS BEEN COMMITTED, MEETS ALL THE FOLLOWING REQ: 1: HAS KNOWLEDGE THAT THE PRINCIPAL HAS COMMITTED, HAS BEEN CHARGED WITH, OR HAS BEEN CONVICTED OF COMMITTING A FELONY 2: HARBORS, CONCEALS, OR AIDS A PRINCIPAL IN THE FELONY 3:HAS THE INTENTION OF ASSISTING THE PRINCIPAL TO AVOID OR ESCAPE ARREST, TRIAL, CONVICTION, OR PUNISHMENT (NOTE: THERE ARE NO ACCESSORIES TO MISDEMEANOR CRIMES)
ACCOMPLICE
A PRINCIPAL TO A CRIME WHEN HE OR SHE TESTIFIES FOR THE PROSECUTION AGAINST ANOTHER PRINCIPAL
PENAL CODE SECTION 26
-CHILDREN UNDER 14
-IDIOTS
-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 MENACE
CHILDREN
IN CALIFORNIA, ALL CHILDREN UNDER THE AGE OF 18 ARE SUBJECT TO THE PROVISIONS OF THE JUVENILE JUSTICE SYSTEM
LACK OF MENTAL CAPACITY
IDIOTS, PEOPLE WITH VERY LOW MENTALITY ( WHICH MAY INCLUDE MENTAL RETARDATION), ARE PRESUMED TO LACTH THE ABILITY TO FORM INTENT, AND ARE THEREFORE UNABLE TO COMMIT A CRIME.
IGNORANCE OR MISTAKE
UNLAWFULLY ACT OR FAIL TO ACT BECAUSE OF IGNORACE OR MISTAKE ARE CONSIDERED INCAPABLE OF COMMITING A CRIME
EX: HUNTING ACCIDENT
UNCONSCIOUS ACT
INDIVIDUALS WHO UNCONSCIOUSLY COMMIT AN UNLAWFUL ACT OR OMISSION ARE DEEMED TO LACK THE INTENT NECESSARY FOR THE ACT TO BE CONSIDERED A CRIME
EX:SLEEP WALKING, MEDICAL SIZURE OR DIABETIC COMPLICATIONS, OR UNDER INFLUENCE OF ALCOHOL OR DRUGS