Chapter 1 (notes Flashcards
What is the purpose of law?
To establish limits on certain human behavior considered harmful to society.
This purpose ensures social order and protects individuals and institutions.
Define crime.
A social conduct considered harmful to individuals and institutions, and made punishable by law.
Crime encompasses various acts that violate legal statutes.
What is the origin of criminal law?
Based on customs beneficial to the group; early humans developed basic rules to limit behavior.
These early rules were essential for social cooperation and survival.
What was the Code of Hammurabi?
The first major code of law, developed around 3,800 years ago (1792 B.C - 1750 B.C).
It laid down laws and punishments for various offenses, influencing future legal systems.
What is the significance of perjury in law?
It remains relevant in the legal system, as seen in practices like swearing in witnesses and judges.
Perjury is the act of lying under oath, which undermines the judicial process.
What was the impact of the Norman French Period on English law?
English courts became more centralized, leading to a more structured legal system.
This period marked significant changes in the governance of law in England.
What is ‘stare decisis’?
A legal principle that means to stand by things decided; it refers to precedent in court decisions.
This principle ensures consistency and predictability in the law.
What characterizes common law?
Law developed by judges through court decisions rather than through legislative statutes.
Common law evolves over time based on judicial rulings and societal changes.
How was common law adopted in America?
First English settlers formed agreements called compacts, incorporating the common law of England.
These compacts served as foundational governance documents for early American settlements.
Fill in the blank: The Common Law is based on _______.
custom.
Customary practices gain strength over time and form the basis of common law.
What was the Westministor Period?
A time from 1285 to 1500 when English law became more uniform and accessible by the public.
This period contributed to the development of a more equitable legal system.
What must an act be in violation of to be declared a crime?
A written statute
The statute must provide a penalty for violation.
What are the three levels of law?
- Federal
- State
- Local
This includes laws passed by Congress, state legislatures, and local governments.
What is the supreme law of the land according to the U.S. Constitution?
U.S. Constitution (Article VI)
The Supremacy Clause establishes the Constitution as the highest form of law.
What does federalism divide?
Power between state and federal governments
It recognizes both state and federal constitutions as the ‘law of the land.’
What is the purpose of case law?
To provide prevailing decisions in criminal cases
It is based on the interpretations of laws by appellate courts.
What is the Bill of Rights?
The first 10 amendments to the U.S. Constitution
Adopted in 1787 and ratified in 1789, it limits government power and protects individuals.
Which amendment guarantees freedom of speech, religion, and press?
1st Amendment
It also includes the right to assemble and petition the government.
Which amendment protects against unlawful search and seizure?
4th Amendment
This amendment secures individuals from unreasonable searches.
What protections does the 5th Amendment provide?
Protection against self-incrimination and double jeopardy
It also ensures due process.
What does the 6th Amendment guarantee?
The right to a speedy trial, impartial jury, and assistance of counsel
These rights are critical for fair legal proceedings.
What does the 8th Amendment prohibit?
Excessive bail and cruel and unusual punishments
This amendment is fundamental in ensuring humane treatment in the justice system.
What does the 14th Amendment ensure?
Due process and equal protection under the law
It extends protections against state infringements of rights.
What does the California Constitution primarily outline?
Duties, powers, structure, and functions of the government of California.
What is unique about the length of the California Constitution?
It is one of the longest constitutions in the world.
What is the first part of the California Constitution?
Declaration of Rights.
Which rights are similar to the US Constitution’s Bill of Rights as per the California Constitution?
Right against unreasonable search and seizure; right against self-incrimination.
What is the definition of a crime according to California Penal Code?
Public offense committed or omitted.
What results from a violation of law?
Punishment of death, imprisonment, fine, removal from office, or disqualification from office.
What does ‘Stare Decisis’ mean?
Adhering to precedent.
How do previously decided cases influence current cases?
They have great impact and influence on the decision of current cases.
Do courts always have to follow precedent?
No, there are times when courts set law into a modified direction due to new facts in current cases.
What is included in case citations?
Stare decisis and previous decisions.
How is a case citation from the California Appellate Reports formatted?
Example: People v. Weaver 44 Cal. App. [Volume] [Page].
In the case citation ‘People v. Lucas 12 Cal.’, what does ‘12’ represent?
Volume number of the California Reports.
What does ‘Cal App’ refer to?
California Appellate Reports.
Fill in the blank: A violation of law is defined as an act that _______ a law commanding or forbidding it.
[precedes]
What is the primary focus of Criminal Law?
Offenses against society or the public.
What are the potential penalties in Criminal Law?
Death, prison, and fines.
What standard of proof is required in Criminal Law?
Proof beyond a reasonable doubt.
What is required for a jury verdict in Criminal Law?
Unanimous verdict required (all jurors must agree).
What is the primary focus of Civil Law?
Legal disputes between private parties.
What is the standard of proof in Civil Law?
Preponderance of the evidence (51% - 49%).
What type of remedy is typically sought in Civil Law?
Compensatory or punitive damages.
What distinguishes a crime from a tort?
A crime is an offense against the state; a tort is a private wrong.
Is a unanimous verdict required in Civil Law cases?
No, a vast majority is sufficient.
What is ‘mens rea’?
The mental state or intent behind a criminal act.
What does ‘actus reus’ refer to?
The physical act of committing a crime.
Fill in the blank: A tort is designed to obtain _______.
redress (payment or reimbursement).
True or False: Criminal liability requires intent.
True.
Provide an example of a crime.
Battery.
In the example of battery, what is the actus reus?
Hit someone.
In the example of battery, what is the mens rea?
Intent to strike someone.
What is the definition of Venue?
Physical or geographical location of the court where a case is filed or tried
What is a common reason for a Change in Venue?
Too much publicity resulting in an unfair trial
What does Jurisdiction refer to?
Legal authority over a case or subject matter
What is the Statute of Limitations?
Places a limit on the time that can legally pass between when the crime was committed and when prosecution is started
What marks the Commencement of Prosecution?
Grand Jury indictment, information filed, warrant issued
What is the general felony rule for the statute of limitations?
Usually 3 years from commission of the crime (PC 801)
What is the statute of limitations for general misdemeanors?
Usually 1 year from commission of the crime (PC 802 [b])
What offenses have no statute of limitations?
Offenses punishable by death or life in prison (PC 19a)
True or False: A person can be prosecuted for a crime committed 30 years ago if it is punishable by death.
True
What is the difference between ‘commission’ and ‘discovery’ in legal terms?
Certain crimes commence after discovery
What is the statute of limitations for specified felony sex offenses?
Commences when the victim turns 18 if no one investigated the case
What is the status of Police Power in the US Constitution?
Not stated in the Constitution; states’ rights are reserved in the Bill of Rights under the 10th Amendment
Who does not have general Police Power?
Federal government
What are the five areas where the state can legislate?
- Public health
- General welfare
- Public safety
- Economic prosperity
- Morals
These areas outline the scope of police powers granted to the state.
Define the term ‘Legislate’.
- Create
- Enact
- Pass laws
Legislation is the process through which laws are made and established.
What is the concept of Preemption?
Preemption is controlled by Article XI, Section 1 of the California Constitution.
What does Preemption prohibit?
City and county cannot establish laws that conflict with state laws.
What is an Ex Post Facto law?
A law passed after the commission of an act that changes the legal consequences of the act to the wrongdoer’s prejudice.
Give an example of an Ex Post Facto law.
If a person sentenced to death has their sentence changed to life in prison when the death penalty becomes illegal.
Can a sentence be changed back to death if the death penalty becomes legal again after being declared illegal?
No, it would be an Ex Post Facto violation.
Which constitutional articles prohibit Ex Post Facto laws?
Prohibited by V.5 Constitution, Article I, Section 9 and Section 10.
List the effects of Ex Post Facto laws.
- Reduces the severity of a sentence
- Makes a crime more serious
- Inflicts greater punishment
- Changes the rule of evidence
These effects highlight the potential injustices caused by retroactive laws.
Fill in the blank: Ex Post Facto laws can change _______ to misdemeanors.
felonies
