RBC 2 Study Guide Exam Questions And
Answers 2024
Constitutional Law - CORRECT ANSWER-The rules and provisions which are
found in federal and state constitutions, specifically the Bill of Rights.
Constitutional Law - CORRECT ANSWER-The rules and provisions which are
found in federal and state constitutions, specifically the Bill of Rights.
Statutory Law - CORRECT ANSWER-The laws which are enacted by a
legislative body and recorded in the various state, county, or municipal codes.
Statutory Law - CORRECT ANSWER-The laws which are enacted by a
legislative body and recorded in the various state, county, or municipal codes.
Case Law - CORRECT ANSWER-Laws which are based on previous appellate
court decisions that have become binding on lower court decisions.
Case Law - CORRECT ANSWER-Laws which are based on previous appellate
court decisions that have become binding on lower court decisions.
Differentiate between the letter of the law and the spirit of the law - CORRECT
ANSWER-"Letter of the law means that the law is strictly applied in accordance
with the literal meaning of the statute, leaving no room for interpretation.
Spirit of the law means that the law is applied in accordance with the intent of the
legislature and not in literal compliance with the words of the statute."
Differentiate between the letter of the law and the spirit of the law - CORRECT
ANSWER-"Letter of the law means that the law is strictly applied in accordance
with the literal meaning of the statute, leaving no room for interpretation.
Spirit of the law means that the law is applied in accordance with the intent of the
legislature and not in literal compliance with the words of the statute."
Differentiate between criminal and civil law - CORRECT ANSWER-"Criminal Law
- Definition: Violation of a criminal statute
,- Violation Terminology: Crime
- Prosecutor: The State
- Purpose Punishment
Civil Law
- Definition: Noncriminal violations of the law
- Violation terminology: Tort
Breach of Contract
- Prosecutor: The plaintiff
- Purpose: Redress"
Differentiate between criminal and civil law - CORRECT ANSWER-"Criminal Law
- Definition: Violation of a criminal statute
- Violation Terminology: Crime
- Prosecutor: The State
- Purpose Punishment
Civil Law
- Definition: Noncriminal violations of the law
- Violation terminology: Tort
Breach of Contract
- Prosecutor: The plaintiff
- Purpose: Redress"
Recall the statutory definition of a crime - CORRECT ANSWER-Penal code 15 -
an act committed or omitted in violation of a law forbidding or commanding it, and
to which is annexed, upon conviction, a penalty that provides the following
punishments for the crime: death, imprisonment, fine, removal from officer,
disqualification to hold and enjoy any officer of honor, trust or profit in the State of
California.
Recall the statutory definition of a crime - CORRECT ANSWER-Penal code 15 -
an act committed or omitted in violation of a law forbidding or commanding it, and
to which is annexed, upon conviction, a penalty that provides the following
punishments for the crime: death, imprisonment, fine, removal from officer,
,disqualification to hold and enjoy any officer of honor, trust or profit in the State of
California.
Identify the basic elements common to all crimes - CORRECT ANSWER-Penal
code 20 - in every crime or public offense, there must exist a union, or joint
operation of act and intent, or criminal negligence
Identify the basic elements common to all crimes - CORRECT ANSWER-Penal
code 20 - in every crime or public offense, there must exist a union, or joint
operation of act and intent, or criminal negligence
Identify the basic elements required of an attempt to commit a crime - CORRECT
ANSWER-An attempt to commit a crime consists of intent to commit that crime
and a direct, but ineffectual, act done toward its commission
Identify the basic elements required of an attempt to commit a crime - CORRECT
ANSWER-An attempt to commit a crime consists of intent to commit that crime
and a direct, but ineffectual, act done toward its commission
General intent - CORRECT ANSWER-Intent is presumed and does not have to
be proven. Definition of a crime consists only of the description of a particular act,
without reference to intent
General intent - CORRECT ANSWER-Intent is presumed and does not have to
be proven. Definition of a crime consists only of the description of a particular act,
without reference to intent
Specific intent - CORRECT ANSWER-An element of a crime that must be proven
and cannot be presumed; the requirement of the specific intent element varies
according to the definition of the crime
Specific intent - CORRECT ANSWER-An element of a crime that must be proven
and cannot be presumed; the requirement of the specific intent element varies
according to the definition of the 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
, 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 Intent - CORRECT ANSWER-A mental state or frame of mind that the
person knowingly did the particular criminal act (break the law).
Criminal Intent - CORRECT ANSWER-A mental state or frame of mind that the
person knowingly did the particular criminal act (break the law).
Criminal Negligence - CORRECT ANSWER-A negligent act that is aggravated or
reckless, and constitutes indifference to the consequences
Criminal Negligence - CORRECT ANSWER-A negligent act that is aggravated or
reckless, and constitutes indifference to the consequences
Felony - CORRECT ANSWER-A crime punishable by a fine and/or imprisonment
in state prison, death or removal from officer
Felony - CORRECT ANSWER-A crime punishable by a fine and/or imprisonment
in state prison, death or removal from officer
Misdemeanor - CORRECT ANSWER-A crime punishable by a fine and/or
imprisonment in a county jail
Misdemeanor - CORRECT ANSWER-A crime punishable by a fine and/or
imprisonment in a county jail
Wobbler - CORRECT ANSWER-A crime that can be either a felony or a
misdemeanor.
Wobbler - CORRECT ANSWER-A crime that can be either a felony or a
misdemeanor.
Principals to a crime - CORRECT ANSWER-"A principal to a crime is anyone
who:
- directly committed the offense
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