POST TEST #1 LD 5,15,16,20,39 correctly
answered
3 origins of law - CORRECT ANSWER-Constitutional, statutory and case law
Constitutional Law - CORRECT ANSWER-Rules and provisions found in the
federal and state constitutions
Statutory Law - CORRECT ANSWER-Written laws enacted by a legislative body
Case Law - CORRECT ANSWER-Previous appellate court decisions that are
binding on lower court decisions (know as precedent)
Primary purpose is to interpret constitution and clarify statutes
Letter of the Law - CORRECT ANSWER-The law is strictly applied in accordance
with the literal meaning of the statute, leaving no room for interpretation
Spirit of the law - CORRECT ANSWER-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
Criminal Law - CORRECT ANSWER-Violations of the criminal statutes
Civil Law - CORRECT ANSWER-Non-criminal violations of the law or private
wrongs committed by one person of another (civil wrong called a tort)
Tort by omission - CORRECT ANSWER-Omission of an act or negligence may
also be a tort if it violates a legal duty owed to another person
PC 15 - CORRECT ANSWER-Defines a crime or public offense
Penalties:
Death
Imprisonment
Fine
,Removal from office
Disqualification to hold and enjoy any office of honor, trust, or profit in CA
Elements of a crime - CORRECT ANSWER-The basic facts that must be proven
by the prosecution to sustain a conviction
Intent - CORRECT ANSWER-A mental state or frame of mind that the person
knowingly did the particular crime
Transferred intent - CORRECT ANSWER-When an unlawful act affects a person
other than, or in addition to, the person it was intended to affect
Criminal Negligence - CORRECT ANSWER-A negligent act that is aggravated or
reckless, and constitutes indifference to the consequences
Attempt crimes not defined in penal codes - CORRECT ANSWER-Charged
under the general provisions of 664 PC (attempts) and the PC for the crime
attempted
Example: 664 PC and 459 PC = attempted burglary
Attempted crime elements - CORRECT ANSWER-An intent to commit that crime
A direct, but ineffectual act done toward its commission
Elements that are basic to every crime - CORRECT ANSWER-Commission of a
prohibited act, or an omission of a required act
Presence of a designated state of mind (intent)
3 crime categories - CORRECT ANSWER-Felonies, Misdemeanors, and
Infractions
Felony - CORRECT ANSWER-A crime punishable by a fine, and/or
imprisonment in a state prison, death or removal from office
PC 17
, Misdemeanor - CORRECT ANSWER-A crime of lesser gravity than a felony,
punishable by a fine and/or imprisonment in a county jail
PC 19
Wobbler - CORRECT ANSWER-A crime that can be punished either as a felony
or misdemeanor
Infraction - CORRECT ANSWER-A public offense punishable by a fine only
PC 31 - CORRECT ANSWER-Principle include all persons involved in the
commission of a crime (need not to be present)
Aids and Abets - CORRECT ANSWER-If he or she actively assists, supports,
promotes, encourages, strengthens, or instigates by act or advice in the
commission of the offense
Accesory - CORRECT ANSWER-Anyone who, after a felony, has committed:
• Has knowledge that the principal has committed, been charged with or has
been convicted of committing a felony
• Harbors, conceals, or aids in a principal in a felony
• Has the intention of assisting the principal to avoid or escape arrest, trial,
conviction, or punishment
Accomplice - CORRECT ANSWER-When a principal to a crime testifies for the
prosecution against another principal
PC 1111
PC 26 - CORRECT ANSWER-This penal code identifies those individuals who
are presumed not capable of committing a crime
• Children under 14
• Persons mentally incapacitated
• Persons who committed the act or omission
- under ignorance or mistake of fact
- without being conscious of the act
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