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GPSTC Exam 1- GA Criminal Law -questions and answers.
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GPSTC Exam 1- GA Criminal Law -questions and answers.
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GPSTC Exam 1- GA Criminal Law -questions and answers
3 Origins of Law in today's legal system - ANSWERS✔✔ 1. Constitutional Law
2. Statutory Law
3. Case Law
Constitutional Law (Basic Laws of a nation/state) - ANSWERS✔✔ the SUPREME law of
the land.
- defines the powers and duties of the government
- guarantees certain rights to the public
- Federal, local, and state courts are bound by U.S Constitution
** States can ADD, but CANNOT take away from U.S Constitution civil liberties.
*** Law Enforcement Officers are bound by this
Statutory Laws (State Laws) - ANSWERS✔✔ Written laws of states.
- ALL crimes are statutory in GA; has to be listed in book for it be a crime and
enforceable
- Adjoining Statue: Statute Crimes with their listed punishments (No crime-No
Punishment- No Statute)
* Ex Post Facto Laws: laws written after the fact to punish an action that has already
taken place and not illegal at time of commission...
--> The Law must be enacted BEFORE alleged criminal act takes place
Local Ordiances (City/County statutes) - ANSWERS✔✔ Laws passed by city/county
- city ordinances bring in money to the CITY
- state/felony go to state courts, money goes to COUNTY
, Case Law (Court Law) Federal & State Laws - ANSWERS✔✔ Case Law that is based
upon previous appellate court and are binding on lower court decisions (Precedent)
Purposes of Case Law:
1. Interpret the Constitution
2. Clarify Statutes
Federal: Applies varies on Circuit
State: always applicable
GA 11th Circuit and Federal/State Courts - ANSWERS✔✔ GA, AL, FL make up the
11th Circuit of the Federal Appeals Court System.
@ State Level:
Superior Court: highest court in GA for trial
Anything below is a hearing (appeal) in Court of Appeals
@ Federal Level:
11 Federal District Courts
Northern District, Middle District, Southern District, and 11th Circuit Court of
Appeals.
(Varies based on location)
Criminal Law - ANSWERS✔✔ - Violations against ALL people of Georgia
- Deals with criminal statutes (public wrongs)
________ VS. STATE OF GA
- Prosecution is Consequence
- Punishment is PURPOSE; to deter criminal behavior and to rehabilitate criminals
* Can be jailed for criminal wrong
* Proof Required: Beyond a reasonable doubt
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