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Flashcards in LD 5 Law Deck (25):
1

3 Origins of the law

Constitutional Law
Statutory Law
Case law

2

Constitutional law

Rules and provisions found in the federal and state constitutions

3

Statutory law

Written laws enacted by a legislative body
-all crimes are statutory in Ca

4

Ex Post Facto

Laws written after the fact to punish an act that already took place and was not illegal at the time of commission

5

Case law

Based upon previous appellate court decisions
-The primary purpose of case law is to interpret the constitution and clarify statute

6

Letter of the law

Strictly applying the law to the literal meaning

* Ex. Every kid riding a skateboard without a helmet gets cited, no exceptions

7

Spirit of the law

Leniency in the laws

The law is applied with the intent of the legislative body, promoting fairness and justice, not literally in compliance with the words

Ex. All kids riding a skateboard without a helmet should be cited BUT I'll take you to your parents and inform them and give you a warning

8

Criminal law

Violation of criminal statute
-Deals with crimes, public wrongs against a person
-Prosecuted by the state
-will result in punishment

9

Civil law

Noncriminal violations of the law or civil disputes
-Private wrong against one person by another (tort or breach of contract)
-Prosecuted by the plaintiff and usually results in a redress(right the wrong)

10

Crime

An act committed or omitted in violation of a law forbidding or commanding it and to which is annexed upon conviction by death, imprisonment, fine, removal and disqualification to hold an office of honor

11

Elements of a crime

Facts that must be proven by the prosecution to sustain a conviction
-If a element is mission the crime is not complete

12

General intent

The person was aware of their actions
-intent is presumed and does not need to be proven
-Ignorance of the law does not matter
Ex. Of crimes: Batter, Arson, Transporting drugs, Felon possessing a firearm

13

Specific Intent

When the definition of a crime refers to a persons intent to do some further act or achieve some additional consequence

Ex. Not only possessing drugs but Sailing them

14

Transferred intent

When an unlawful act affects a person other than who it was intended to affect
-ex. Gang shootings always intend to shoot one person and end up killing innocent bystanders

15

Criminal negligence

A negligent act that is aggravated or reckless
-ex. Leaving a baby in a car in 90 degree wether and them not surviving, careless act

16

3 classifications of punishments

Felony
Misdemeanor
Infraction

17

Felony

A serious crime punishable by a fine, state prison, death, removal from office

18

Misdemeanor

A crime publishable by a fine or county jail

19

Infraction

Public offense punishable by a fine

20

3 parties to a crime

Principles
Accessories
Accomplices

21

Principal

All persons involved in the commission of a felony or misdemeanor
-Directly committed the crime
-Aided and abetted
-Advised or counseled
-Counseled a child or a mentally ill
-Forced or drugged someone into it
-Threatened, menaces or commanded someone to do it
*You don't have to be present to be a principal

22

Accessory

Someone who knowingly helps a felon AFTER the crime was committed
-must have knowledge that the principal committed a crime
-Harbor, conceal or aid the principle
-Intend to help the escape or avoidance of punishment
*No accessories in misdemeanors

23

Accomplice

A principle that testifies with the prosecution against another principle

24

People legally incapable of committing crimes

-children under 14
-mentally ill (IQ 0-24)
-person who commits the act: under ignorance or mistake
-without being conscious, through misfortune or accident, under threat or menace

25

Attempt to commit a crime

Intent to commit the crime
Direct, but ineffectual, act done toward its commission