LD5

Question 1

The three origins of law found in today’s legal system are:

Answer 1

• constitutional law
• statutory law
• case law

Question 2

constitutional law

Answer 2

The rules and provisions found in the federal and state constitutions form the basis of modern constitutional law.

Question 3

Statutory law

Answer 3

consists of the written laws enacted by a legislative body.

Question 4

Penal Code Sections 18 and 19

Answer 4

also provide for punishments for those offenses without a specific punishment.

Question 5

ex post facto laws

Answer 5

laws written after the fact to punish an action that has already taken place and was not illegal at the time of commission. In other words, the law must have been enacted before the alleged criminal act took place.

Question 6

codes

Answer 6

Statutory law is recorded in the various state, county, or municipal

Question 7

ordinances

Answer 7

County and municipal codes include all current ordinances (statutes) enacted by a county or city. Statutes are arranged systematically in the codes for easy reference.

Question 8

Case law

Answer 8

is based upon previous appellate court decisions that are binding on lower court decisions.

Question 9

precedent

Answer 9

This principle is known as

Question 10

The primary purposes of case law are to:

Answer 10

• interpret the Constitution

* clarify statutes

Question 11

Letter of the law

Answer 11

means the law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation.

Question 12

Spirit of the law

Answer 12

means the law is applied in accordance with the intent of the legislature, the promotion of fairness and justice, and not solely in literal compliance with the words of the statute.

Question 13

Criminal law

Answer 13

deals with violations of the criminal statutes. Such violations are called crimes and are considered public wrongs against all the people of the State of California.

Question 14

Civil law

Answer 14

on the other hand, deals with noncriminal violations of the law or private wrongs committed by one person against another.

Question 15

Tort

Answer 15

A civil wrong is called a tort

Question 16

breach of contract

Answer 16

case of failure to comply with the terms of a contract

Question 17

redress

Answer 17

to right a wrong

Question 18

Elements of the crime

Answer 18

are the basic facts that must be proven by the prosecution to sustain a conviction. If any element is missing, that particular crime is not complete.

Question 19

Penal Code Section 20 states that

Answer 19

“in every crime or public offense, there must exist a union, or joint operation of act and intent, or criminal negligence.”

Question 20

General intent

Answer 20

Possession of less than an ounce of marijuana, it is not necessary to prove intent, only that the marijuana was possessed.

Question 21

Specific intent

Answer 21

Possession of marijuana with intent to sell; possession must be proven as well as intent to sell.

Question 22

Transferred intent.

Answer 22

When an unlawful act affects a person other than, or in addition to, the person it was intended to affect, the intent becomes transferred intent. Criminal intent in the

Question 23

A felony is a crime,

Answer 23

punishable by a fine and/or imprisonment in state prison, death, or removal from office. (Penal Code Section 17)

Question 24

A misdemeanor is a crime

Answer 24

of lesser gravity than a felony. Misdemeanors are punishable by a fine and/or imprisonment in a county jail. (Penal Code Section 19)

Question 25

wobbler

Answer 25

A crime that can be either a felony or a misdemeanor is commonly referred to as a wobbler, an alternative felony/misdemeanor. These crimes are punishable by imprisonment in either the state prison or the county jail and/or a fine.

Question 26

an infraction.

Answer 26

public offense punishable by a fine only is an infraction. Normally, the offender is issued a citation in place of arrest.

Question 27

principals

Answer 27

Per Penal Code Section 31, principals include all persons involved in the commission of a felony or misdemeanor. All principals to a crime can be arrested and prosecuted. Persons are principal parties to a crime only if there is proof that they had the required criminal intent. Principal = the one who did the crime.

Question 28

A person aids and abets

Answer 28

in the commission of a crime if he or she actively assists, supports, promotes, encourages, strengthens, or instigates by act or advice, the commission of the offense. The person who aids and abets, must have knowledge of the unlawful purpose (intent) of the actual perpetrator of the crime. Abet implies having a guilty knowledge and felonious intent. Aid is actively assisting or supporting without knowledge of guilt.

Question 29

an accessory

Answer 29

is anyone who, after a felony has been committed, meets all the following requirements: (Penal Code Section 32). There are no accesories to Misdemeanoe crimes.

Question 30

accomplice

Answer 30

A principal to a crime becomes an accomplice when he or she testifies for the prosecution against another principal.

Question 31

496

Answer 31

LARCENY: Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property. (b) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor. (c) Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees. (d) Notwithstanding Section 664, any attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

Question 32

An attempt to commit a crime consists of:

Answer 32

• intent to commit that crime • a direct, but ineffectual, act done toward its commission Merely thinking about committing a crime is not sufficient to constitute an attempt. A crime is committed only when substantial effort has been exerted to carry out the criminal objective.

Question 33

They are parties to crime either:

Answer 33

Principals, Accesories, Accomplices.

Question 34

Penal Code Section 26 identifies those individuals who are presumed not capable of forming the designated state of mind and committing a crime. They include:

Answer 34

``` • children under 14 • persons who are mentally incapacitated • persons who committed the act or omission: - under ignorance or mistake of fact, - without being conscious of the act, - through misfortune or accident, or - under threat or menace ```

Question 35

public policy

Answer 35

This is why we protect and serve. What would be best for the public. This is my own definition.

Question 36

plain·tiff

Answer 36

a person who brings a case against another in a court of law.