POST TEST #1 LD 5,15,16,20,39 Question and Answers 2023 Rated A+

POST TEST #1 LD 5,15,16,20,39 Question and Answers 2023 Rated A+ 3 origins of law -ANS Constitutional, statutory and case law Constitutional Law -ANS Rules and provisions found in the federal and state constitutions Statutory Law -ANS Written laws enacted by a legislative body Case Law -ANS Previous appellate court decisions that are binding on lower court decisions (know as precedent) Primary purpose is to interpret constitution and clarify statutes Letter of the Law -ANS The law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation Spirit of the law -ANS 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 Criminal Law -ANS Violations of the criminal statutes Civil Law -ANS Non-criminal violations of the law or private wrongs committed by one person of another (civil wrong called a tort) Tort by omission -ANS Omission of an act or negligence may also be a tort if it violates a legal duty owed to another person PC 15 -ANS Defines a crime or public offense Penalties: Death Imprisonment Fine Removal from office Disqualification to hold and enjoy any office of honor, trust, or profit in CA Elements of a crime -ANS The basic facts that must be proven by the prosecution to sustain a conviction Intent -ANS A mental state or frame of mind that the person knowingly did the particular crime Transferred intent -ANS When an unlawful act affects a person other than, or in addition to, the person it was intended to affect Criminal Negligence -ANS A negligent act that is aggravated or reckless, and constitutes indifference to the consequences Attempt crimes not defined in penal codes -ANS Charged under the general provisions of 664 PC (attempts) and the PC for the crime attempted Example: 664 PC and 459 PC = attempted burglary