Origins of Law
Name the three origins of law found in today’s legal system
Constitutional law, statutory law, and case law
What is the difference between the letter of the law and the spirit of the law?
The letter of the law applies laws strictly as written, while the spirit of the law interprets laws based on the intent of the legislature.
What are the two basic elements required for every crime?
A prohibited act and a designated state of mind (intent).
What are the three classifications of crimes?
Felonies, misdemeanors, and infractions
What does “precedent” mean in the context of law?
A previous appellate court decision that is binding on later court decisions.
What document is known as the "supreme law of the land" in the United States?
The U.S. Constitution
What is a tort, and under which type of law is it classified?
A tort is a civil wrong committed by one person against another, classified under civil law.
Define criminal intent
A mental state in which a person knowingly performs an illegal act, which may be general, specific, or transferred
Define a “wobbler” and explain how law enforcement treats it.
A wobbler is a crime that can be prosecuted as either a felony or misdemeanor. Law enforcement treats it as a felony unless a judge decides otherwise.
What is meant by “criminal negligence”?
A negligent act that is aggravated, reckless, and shows indifference to the consequences.
Define statutory law
Statutory law consists of written laws enacted by a legislative body
Give an example of applying the spirit of the law rather than the letter of the law.
Releasing a publicly drunk person to a friend or family member instead of arresting them to serve justice better.
This type of criminal intent is inferred from the circumstances of the crime and the actions of the accused, rather than directly proven.
What is implied intent?
Who are considered principals in a crime?
All persons involved in committing a felony or misdemeanor, including those who aid, abet, advise, or encourage the crime.
Define “infraction” and explain its legal consequence.
An infraction is a minor offense punishable by a fine only.
Explain what an ex post facto law is and why it’s prohibited
An ex post facto law is a law written after the fact to punish an action that was not illegal at the time of commission. It is prohibited by both U.S. and California Constitutions.
What are the main differences between criminal law and civil law?
Criminal law deals with public wrongs and is prosecuted by the state, aiming for punishment. Civil law deals with private wrongs (torts) and seeks redress for the harmed party.
What distinguishes general intent from specific intent crimes?
General intent crimes only require awareness of the action, while specific intent crimes require an intent to achieve some additional consequence beyond the act.
What is the difference between an accessory and an accomplice?
An accessory assists a principal after the crime is committed to help evade capture, while an accomplice is a principal who testifies against another principal. (BT EXPLAIN)
Explain the concept of “judicial review.”
The power held by the judicial branch to review actions of the legislative and executive branches and declare them unconstitutional.
How do federal and state constitutions limit the authority of legislative branches?
Through provisions such as civil and individual rights, including the Bill of Rights, which prevent legislative overreach
In what situations can peace officers only act to preserve peace rather than force a resolution?
In civil disputes, where officers cannot enforce a resolution but must maintain order.
Explain the concept of transferred intent
When an unlawful act affects a person other than the intended target, the criminal intent is transferred to the actual victim.
Name three groups of people identified in Penal Code Section 26 as incapable of committing a crime.
Children under 14, persons who are mentally incapacitated, and persons acting under ignorance or mistake of fact.
What is the difference between “letter of the law” and “spirit of the law” in relation to criminal statutes?
The letter of the law applies statutes strictly as written, whereas the spirit of the law interprets the statutes based on the legislature's intent to ensure justice.