Introduction into Criminal Law
Essay by Javier Clift • April 4, 2017 • Study Guide • 442 Words (2 Pages) • 869 Views
LD 5 Intro to Criminal Law
Identify the relationship among:
Constitutional Law - the rules and provisions found in the federal and state constitution form the basis of modern constitutional law.
Statutory Law - consists of the written laws enacted by a legislative body. All crimes are statutory in California. To be enforceable a law must be written.
Case Law - is based upon previous appellate court decisions that are binding on lower court decisions.
- interpret the constitution
- clarify statues
2. Differentiate the difference of Spirit of the Law and Letter of the Law.
Spirit of the Law - means that the law is applied in accordance with the intent of the legislature and not in literal compliance with the words of the statute.
Letter of the Law - means that the law is applied in accordance with the literal meaning of the statute, leaving no room for interpretation.
3. Differentiate between criminal and civil law.
Criminal Law - Violations of a criminal statute
Civil Law - Noncriminal violations of the law
4. Recall the statutory definition of a crime.
PC 15 - a crime or a public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed upon conviction either of the following punishments: Death, Imprisonment, Fine, Removal from Office and Disqualification to hold and enjoy any office of honor, trust or profit in this state.
5. Identify the basic elements common to all crimes
- There must have been an illegal human act to omission, not an act resulting from natural phenomena.
Criminal
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