Domain 5

  1. Constitution law
    - body of law governing the interpretation and implementation of the U.S. Constitution
  2. Statutory law
    - consists of the written law enacted by a legislative body
  3. Ex post facto laws
    Laws written after the fact to punish an action that has already takenplaces and was notillegal at the time of commission.
  4. Ordinances
  5. Codes
    Statutory law that is recorded in the various states, county or municipal
  6. State codes
    Includes all current statutes enacted by the states legislature.
  7. County and municipal
    Includes all current ordinances enacted by a county or city
  8. Case law
    PrimaryPrimarypurpose is to interpret the constitution and clarify statutes.
  9. Precent
    Previous appellate courtdecisions that are binding on lower court decisions.
  10. Letter of the law
    Law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation.
  11. Spirit of the law
    is app 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.
  12. Criminal law
    Deals with violations of the criminal statutes.
  13. Crimes
    Public wrong against all the people of the state.
  14. Civil law
    Deals with non criminal violations of the law or private wrongs committed by one person against another.
  15. Tort
    A civil wrong
  16. Breach of contract
    Case of failure to comply with the terms of a contract.
  17. Redress
    To right a wrong
  18. Elements of the crime
    Basic facts that must be proven by the
  19. Criminal intent
    A mental state of frame of mind that the preson knowingly did the particular criminal act (break the law)
  20. General intent crimes
    Presumed and does not have to be proven ( battery )
  21. Specific intent crimes
    Element of the offense that must be proven ( Burglary )
  22. Transferred intent
    When an unlawful act affects a person other than, or in addition to, the person it wasintended to affect
  23. Criminal negligence
    Negligent act that is aggravated or reckless and constitutes indifference to the consequence.
  24. Felony
    A crime, punishable by a fine and/or imprisonment in state prison, dealth, or removal from office.
  25. Misdemeanor
    A crime, punishable by a fine and/or imprisonment in a county jail.
  26. WobblerWobbler ler
    An alternative felony/ misdemeanor
  27. Infraction
    A puoffice ensue punissable by a fine only.
  28. Principals
    All person involved in the commission of a felony or misdemeanor
  29. Aids and abets
    A person that actively assists, supports, promotes, encourages, strengthens, or instigates by act of advice the commission of the offense, must have knowledge of the unlawful purposes ( intent ) of the actual perpetrator of crime.
  30. Abet
    Implies having a guiltyknowledge and felonious intent.
  31. Aids
    Actively assisting or supporting without knowledge of guilt.
  32. Accessory
    Anyone who has knowledge that the principal has committed, has been charged with, or has been convicted of committing a felony, harbors, conceals, or aids a principal in the felony, has the intention of assisting the principal to avoid or escape arrest,trail , conviction or punishment.
  33. Accomplice
    When or she testifies for the prosecution against another principal
Card Set
Domain 5
Domain 5