Questions and Answers
Criminal law may be classified into which two major categories?
Name three penalties for committing a crime.
Fine, Imprisonment, Death
What does stare decisis mean?
Adhering to precedent
What is the statute of limitations for most misdemeanors?
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In which court was the case citation people v. Jones, 65 Cal App 2d 381 decided?
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Name three officers that the California state attorney general must give a written opinion to when requested.
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Name three areas that the state may pass laws under the doctrine of police power.
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Name three sources of criminal law in this country.
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Venue has to do with the courts' ____________ location.
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What was one of William the Conqueror's most lasting contributions to modern criminal justice?
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In the case citation Reeler v. Superior Court, what does 87 refer to?
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What term relates to crimes involving falsification, such as perjury and forgery?
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The court's legal authority to hear a case is referred to as its __________.
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Criminal acts that are considered to be wrong or evil in themselves are referred to as __________.
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What is the French term that also means a civil wrong?
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What principle binds courts to stand by prior decisions?
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A plea of __________ cannot be used against a defendant as an admission of wrongdoing in civil suits.
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In a civil action, the plaintiff is the person who __________.
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The definition of crime and punishment, not the procedural or adjective component, is referred to as __________.
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What are the two types of opinions rendered by the attorney general?
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What term means the evidence is valid on its face for a conviction?
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What is the maximum sentence that one can serve for a misdemeanor?
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A Malum prohibitum crime is wrong because it is __________ by law.
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Stare decisis essentially means let the __________ stand.
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The statute of limitation for a misdemeanor is generally __________.
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Name three crimes that have no statute of limitations.
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The person who files an appeal is known as an __________.
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The adverse party in an appeal is known as an __________.
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How many justices are in the California Supreme Court?
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How many appellate districts are there in California?
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In California, 'common law' crimes exist.
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Controlling criminal law may be found in three sources. Name them.
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In California, 'public offenses' are of three types. Name them.
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The concept of 'stare decisis' means that courts generally follow __________ decisions.
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The statute of limitations applies to __________ a prosecution.
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An 'ex post facto' law would be one that criminalizes previously __________ conduct after it was committed.
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Study Notes
Criminal Law Classifications
- Criminal law is divided into two major categories: Substantive and Procedural (adjective).
Penalties for Crime
- Common penalties for crimes include Fine, Imprisonment, and Death.
Stare Decisis
- The principle of stare decisis advocates for fixed and known laws, focusing on adhering to precedent, although courts may not always rigidly follow it.
Statute of Limitations
- The limitation period for most misdemeanor offenses is 1 year.
Case Citations
- The citation People v. Jones, 65 Cal App 2d 381 indicates a decision made in the California Appellate Court.
Attorney General's Opinions
- The California state attorney general provides written opinions upon request from:
- Secretary of State
- Governor
- Superintendent of Public Instruction
Police Power Laws
- States can legislate on issues related to:
- Public Health
- Public Safety
- Morals
Sources of Criminal Law
- Major sources of criminal law include:
- Constitutions
- Statutes
- Prevailing Decisions
Venue
- Venue pertains to the geographical location in which a court case is heard.
Contributions to Criminal Justice
- One of William the Conqueror's key contributions was the establishment of criminal courts.
Volume in Case Citations
- In case citations like Reeler v. Superior Court, 87 Cal. Rptr 481, the number 87 refers to the volume number where the case can be found.
Crimes of Falsification
- Crimes involving falsification, such as perjury and forgery, are referred to as crimes folsi.
Jurisdiction
- Jurisdiction denotes a court's legal authority to hear a case.
Mala in Se Crimes
- Offenses that are inherently wrong are termed mala in se.
Civil Wrong
- The French term for a civil wrong is a Tort.
Principle of Law
- The principle requiring courts to respect prior decisions is called stare decisis.
Plea of Nolo Contendere
- A plea of nolo contendere cannot be used against a defendant in civil suits as admission of wrongdoing.
Role of Plaintiff
- In a civil action, the plaintiff is the party that brings the suit.
Substantive Law
- The definition of crime and punishment falls under substantive law.
Attorney General Opinions
- The attorney general can issue two types of opinions: Formal and Informal.
Prima Facie Evidence
- Prima facie refers to evidence that is valid on its face, meeting the requirements for conviction.
Misdemeanor Sentencing
- The maximum sentence for a misdemeanor is 364 days.
Malum Prohibitum Crimes
- A malum prohibitum crime is considered wrong solely because it is prohibited by law.
Stare Decisis Meaning
- Stare decisis essentially translates to let the decision stand.
Statute of Limitations Applicability
- The statute of limitations impacts the commencement of a prosecution.
Ex Post Facto Law
- An ex post facto law criminalizes previously permissible conduct after it has occurred.
Judicial Structure in California
- The California Supreme Court consists of 7 justices.
- There are 6 appellate districts in California.
Status of Common Law
- California does not recognize common law crimes.
Public Offenses Classification
- In California, "public offenses" include:
- Infraction
- Misdemeanor
- Felony
Previous Court Decisions
- Courts typically follow previous court decisions as part of the stare decisis principle.
Commencement of Prosecution
- The statute of limitations is relevant in commencing a prosecution.
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Test your knowledge on the fundamental concepts of criminal law with our Chapter 1 flashcards. This quiz covers key terms and definitions essential for understanding the legal framework, including classifications, penalties, and principles. Ideal for students and anyone interested in the basics of criminal law.
