Chapter 2 notes Flashcards
Q: What is the “letter of the law”?
A: The exact wording and literal interpretation of legal statutes.
Q: What does the “spirit of the law” refer to?
A: The intent or purpose behind a law, considering the broader context and objectives.
Q: What does “intent/reason” signify in legal terms?
A: The underlying purpose or motive behind enacting a particular law.
- Q: What is “legislative intent”?
A: The goals and objectives that the lawmakers had in mind when creating a law.
- Q: How does the “spirit of the law” differ from the “letter of the law”
A: The “spirit of the law” focuses on the intended purpose and broader objectives, whereas the “letter of the law” focuses on the exact wording and literal interpretation.
- Q: What is a felony?
A: serious crime that can result in imprisonment for more than one year or even a death sentence.
- Q: What is a misdemeanor?
A: A less serious crime that typically results in a fine or imprisonment for less than one year.
- Q: What is an infraction?
A: A minor violation, usually punishable by a fine and not considered a criminal offense.
- Q: What is a “wobbler” in California law?
A: A crime that can be charged either as a felony or a misdemeanor depending on the circumstances.
- Q: Under which Penal Code can a felony be reduced to a misdemeanor in California?
A: Penal Code 17(b).
- Q: What determines whether a “wobbler” is charged as a felony or a misdemeanor?
The circumstances of the crime and the discretion of the prosecutor or judge.
- Q: What is the maximum punishment for a misdemeanor?
A: Imprisonment for less than one year or a fine.
- Q: Can an infraction result in jail time?
A: No, infractions typically result in a fine and are not considered criminal offenses
- Q: What is the key difference between a felony and a misdemeanor?
A: The severity of the crime and the length of potential imprisonment.
- Q: What is the purpose of Penal Code 17(b)?
A: To allow certain felonies to be reduced to misdemeanors.
- Q: How does a “wobbler” differ from a standard felony or misdemeanor?
A: It can be charged as either a felony or a misdemeanor based on the specifics of the case.
Q: What factors might influence whether a “wobbler” is charged as a felony or misdemeanor?
A: The nature of the crime, the defendant’s criminal history, and the discretion of the prosecutor or judge
Q: What are the three main classifications of crimes in California?
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A: Felonies, misdemeanors, and infractions.
- Q: What is the legal implication of a felony conviction?
A: It can result in imprisonment for more than one year or a death sentence.
- Q: What distinguishes a misdemeanor from an infraction?
A: Misdemeanors are more serious and can lead to jail time, while infractions usually only result in fines.
- Q: What is the significance of “wobblers” in criminal law?
A: They give flexibility in charging, allowing for either felony or misdemeanor charges.
- Q: What might be a reason for reducing a felony to a misdemeanor?
A: Factors like the nature of the crime and the defendant’s background.
- Q: What is the consequence of being charged with an infraction?
A: Generally, just a fine with no jail time.
