• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

Card Range To Study



Play button


Play button




Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

30 Cards in this Set

  • Front
  • Back

3 origins of law




constitutional law

-federal and state constitutions

-mostly dealing in civil rights

-amendments (bill of rights)

statutory law

-written laws enacted by a legislative body

-all laws in CA are statutory

-must be written and have punishment

ex post facto laws

-laws written after the crime committed



-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.

case law

-based on previous appellate court decisions

-set precedents

-interpret constitution, clarify statutes

Judicial review

-protects the rights of individuals from unconstitutional legislation

letter of the law

-law is strictly applied literally as written without interpretation or discretion

spirit of the law

-law is applied with intent of legislature

-fairness and justice

-not literal

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"

interpretation of the law

-relationship to statutes

-intent of legislature

-meaning of the words

-scope of effect

criminal law

-criminal statutes

-public wrongs against all people of the state

-prosecution, punishment

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

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

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

Elements of a crime

-commission or act of the crime

-intent (or criminal negligence)

general intent

-ex. possession marijuana

-presumed intent

specific intent

-ex. intent to sell marijuana (not just possession alone, but must prove the intent)

-intent must be proven

transferred intent

-unlawful act affects a person other than the original intent was inended

criminal negligence

-negligent (failure to exercise ordinary care) act that is aggravated or reckless


-must include intent and act

-intent of the crime

-a direct, ineffectual act of the crime


-punishable by death, fine, imprisonment state prison, removal from office


-fine, imprisonment county jail


-felony or misdemeanor

-fine, state prison or county jail


-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


-all persons involved in commission of crime

-felony or misdemeanor

-all principals punishable

aid and abet

-aid assist without knowledge of guilt

-abet implies guilty knowledge of intent


-after the felony has been committed aids, harbors, conceals

-prison, jail or fine


-principal becomes accomplice when testifies for the prosecution against another principal

-must be corroborated

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)