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30 Cards in this Set
- Front
- Back
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3 origins of law |
-constitutional -statutory -case |
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constitutional law |
-federal and state constitutions -mostly dealing in civil rights -amendments (bill of rights) |
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statutory law |
-written laws enacted by a legislative body -all laws in CA are statutory -must be written and have punishment |
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ex post facto laws |
-laws written after the crime committed -prohibited |
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codes |
-state codes -county municipal ordinances
penal, vehicle, wellness and institutions, health and safety, evidence, business and professions, education, government, fish and game, CA code of regulations. |
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case law |
-based on previous appellate court decisions -set precedents -interpret constitution, clarify statutes |
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Judicial review |
-protects the rights of individuals from unconstitutional legislation |
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letter of the law |
-law is strictly applied literally as written without interpretation or discretion |
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spirit of the law |
-law is applied with intent of legislature -fairness and justice -not literal |
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PC 4 |
"all statutes must be construed according to the fair import of their terms, with a view to effect its objects to promote justice" |
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interpretation of the law |
-relationship to statutes -intent of legislature -meaning of the words -scope of effect |
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criminal law |
-criminal statutes -public wrongs against all people of the state -prosecution, punishment |
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civil law |
-private wrongs of one person against another -tort, breach of contract -redress, to right a wrong -tort can exist in form of omission or negligence |
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pc 15 |
-defines crime or public offense as-an act committed or omitted in violation of the law forbidding it or commanding it. -punishable by death, imprisonment, fine or removal from office, disqualification to hold office of honor trust or profit |
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persons liable for punishment CA |
-all who commit in whole or part a crime in CA -larceny, car jacking, robbery, embezzlement property in CA -aid a crime and found in CA -perjury outside the CA to extend found in pc 118 |
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Elements of a crime |
-commission or act of the crime -intent (or criminal negligence) |
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general intent |
-ex. possession marijuana -presumed intent |
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specific intent |
-ex. intent to sell marijuana (not just possession alone, but must prove the intent) -intent must be proven |
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transferred intent |
-unlawful act affects a person other than the original intent was inended |
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criminal negligence |
-negligent (failure to exercise ordinary care) act that is aggravated or reckless |
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attempt |
-must include intent and act -intent of the crime -a direct, ineffectual act of the crime |
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felony |
-punishable by death, fine, imprisonment state prison, removal from office
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misdemeanor |
-fine, imprisonment county jail |
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wobbler |
-felony or misdemeanor -fine, state prison or county jail |
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infraction |
-fine only, usually cited not arrested -not entitled to trial or defender unless arrested -provisions of law (burdon of proof etc.) apply same as misdemeanors |
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principal |
-all persons involved in commission of crime -felony or misdemeanor -all principals punishable
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aid and abet |
-aid assist without knowledge of guilt -abet implies guilty knowledge of intent |
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accessory |
-after the felony has been committed aids, harbors, conceals -prison, jail or fine |
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accomplice |
-principal becomes accomplice when testifies for the prosecution against another principal -must be corroborated |
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incapable persons |
-under 14 -mentally incapacitated -ignorance or mistake -not conscious of act -misfortune accident -under threat or menace (must be used in self defense)(defense of others does not count her, although it may justifiable homicide for example) |
