2
PC 832 laws of arrest Exam with precise detailed solutions
|| || || || || || || || ||
Learning domain 5 || || ||
The three orgins of law found in today's legal system are: - ✔✔constitutional law
|| || || || || || || || || || || || ||
Statutory law ||
Case law ||
Constitutional law and bill of rights - ✔✔federal courts and local/state courts are bound by the u.s
|| || || || || || || || || || || || || || || ||
constitution which is the supreme law of the land.
|| || || || || || || || ||
States may add to but not take away, any of the civil liberties guaranteed by the u.s constitution.
|| || || || || || || || || || || || || || || || ||
L.e officers are also impacted by the decisions of these courts
|| || || || || || || || || ||
T/f
Many of the rules governing criminal procedure such as due process, search and seizure, self-
|| || || || || || || || || || || || || ||
incrimination, and equal protection are set forth in the first 10 amendments of u.s constitutions
|| || || || || || || || || || || || || || ||
(bill of rights) - ✔✔true
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Statutory law - ✔✔consists of the written laws enacted by a legislative body
|| || || || || || || || || || || ||
All crimes are statutory in california.
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To be enforceable, a law must be written, a concept based on the legal principle that "there is no
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crime if there is no statue" and a punishment must be provided.
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, 2
What is are an ex post facto law? - ✔✔laws written after the fact to punsih an action that has
|| || || || || || || || || || || || || || || || || || || ||
already taken place and was not illegal at the time of the commission.
|| || || || || || || || || || || || ||
(the law must have been enacted before the alleged criminal act took place)
|| || || || || || || || || || || ||
Both the u.s and california state constitutions prohibit ex post facto
|| || || || || || || || || ||
Case law - ✔✔is based upon previous appellate court decisions that are binding on the lower
|| || || || || || || || || || || || || || || ||
court decisions. ||
This is also known as precedent.
|| || || || ||
The primary purposes of case law are to: - ✔✔interpret the constitution
|| || || || || || || || || || || ||
Clarify statues || ||
California trial courts must follow both state and federal appellate court decisions
|| || || || || || || || || || ||
Letter of the law - ✔✔the law is strictly applied in accordance with the literal meaning of the
|| || || || || || || || || || || || || || || || || ||
statue, no room for interpretation || || || ||
Spirit of the law - ✔✔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
|| || || || || || || || || || || || || || || ||
California criminal law is required to be statutory, each code provision must be interpreted with
|| || || || || || || || || || || || || || ||
regard to: - ✔✔its relationship to other statutes
|| || || || || || ||
The intent of the legislative body
|| || || || ||
The meaning of the words
|| || || ||
The scope of its effect
|| || || ||
PC 832 laws of arrest Exam with precise detailed solutions
|| || || || || || || || ||
Learning domain 5 || || ||
The three orgins of law found in today's legal system are: - ✔✔constitutional law
|| || || || || || || || || || || || ||
Statutory law ||
Case law ||
Constitutional law and bill of rights - ✔✔federal courts and local/state courts are bound by the u.s
|| || || || || || || || || || || || || || || ||
constitution which is the supreme law of the land.
|| || || || || || || || ||
States may add to but not take away, any of the civil liberties guaranteed by the u.s constitution.
|| || || || || || || || || || || || || || || || ||
L.e officers are also impacted by the decisions of these courts
|| || || || || || || || || ||
T/f
Many of the rules governing criminal procedure such as due process, search and seizure, self-
|| || || || || || || || || || || || || ||
incrimination, and equal protection are set forth in the first 10 amendments of u.s constitutions
|| || || || || || || || || || || || || || ||
(bill of rights) - ✔✔true
|| || || ||
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, a concept based on the legal principle that "there is no
|| || || || || || || || || || || || || || || || || || ||
crime if there is no statue" and a punishment must be provided.
|| || || || || || || || || || ||
, 2
What is are an ex post facto law? - ✔✔laws written after the fact to punsih an action that has
|| || || || || || || || || || || || || || || || || || || ||
already taken place and was not illegal at the time of the commission.
|| || || || || || || || || || || || ||
(the law must have been enacted before the alleged criminal act took place)
|| || || || || || || || || || || ||
Both the u.s and california state constitutions prohibit ex post facto
|| || || || || || || || || ||
Case law - ✔✔is based upon previous appellate court decisions that are binding on the lower
|| || || || || || || || || || || || || || || ||
court decisions. ||
This is also known as precedent.
|| || || || ||
The primary purposes of case law are to: - ✔✔interpret the constitution
|| || || || || || || || || || || ||
Clarify statues || ||
California trial courts must follow both state and federal appellate court decisions
|| || || || || || || || || || ||
Letter of the law - ✔✔the law is strictly applied in accordance with the literal meaning of the
|| || || || || || || || || || || || || || || || || ||
statue, no room for interpretation || || || ||
Spirit of the law - ✔✔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
|| || || || || || || || || || || || || || || ||
California criminal law is required to be statutory, each code provision must be interpreted with
|| || || || || || || || || || || || || || ||
regard to: - ✔✔its relationship to other statutes
|| || || || || || ||
The intent of the legislative body
|| || || || ||
The meaning of the words
|| || || ||
The scope of its effect
|| || || ||
