LD 5 Law Flashcards
3 Origins of the law
Constitutional Law
Statutory Law
Case law
Constitutional law
Rules and provisions found in the federal and state constitutions
Statutory law
Written laws enacted by a legislative body
-all crimes are statutory in Ca
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
Case law
Based upon previous appellate court decisions
-The primary purpose of case law is to interpret the constitution and clarify statute
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
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
Criminal law
Violation of criminal statute
- Deals with crimes, public wrongs against a person
- Prosecuted by the state
- will result in punishment
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)
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
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
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
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
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
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
