Exam (elaborations)
GPSTC Exam 1- GA Criminal Law Questions and Answers
- Course
- Institution
GPSTC Exam 1- GA Criminal Law Questions and Answers
[Show more]
Content preview
GPSTC Exam 1- GA Criminal LawQuestions 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
Civil Law (Tort) - Answers -- Noncriminal violations against another person
- Tort: civil wrong that comes from failure to obey a breach of contract/ fail to act
- Tort of Omission: when failure to act violates a legal duty owed to another person
ex: Walmart forgets to notify wet floors
- Redress is PURPOSE; to right a wrong
- Lawsuit, money compensation is Consequence
* Proof Required: preponderance of evidence
* You cannot be jailed for civil wrong
Civil Law/Criminal Law Officer ability - Answers -If ONLY CIVIL, officers LACK the
authority to force a resolution to the dispute.
- they must stand-by, preserve peace, maintain order
** Court will DECIDE resolution
ex: Marriage disputes over property
24-4-3 Preponderance of Evidence - Answers -In CIVIL cases, a preponderance of
evidence is considered sufficient to produce mental conviction
In CRIMINAL cases, a greater strength of mental conviction is needed to deem verdict
guilty
16-2-1 CRIME - Answers -- A violation of a statute of state
In order to be a crime:
1. Act or omission to act and intention (INTENT) OR 2. Criminal Negligence: failure to
act which demonstrates a willful, wanton, or reckless disregard for the safety of others
who might reasonably be expected to be injured
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller millyphilip. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72042 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now