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POST TEST #1 LD 5,15,16,20,39 Exam Questions with Correct Answers
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POST TEST #1 LD 5,15,16,20,39 Exam Questions with Correct Answers
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POST TEST #1 LD 5,15,16,20,39 ExamQuestions with Correct Answers
3 origins of law - Answer-Constitutional, statutory and case law
Constitutional Law - Answer-Rules and provisions found in the federal and state
constitutions
Statutory Law - Answer-Written laws enacted by a legislative body
Case Law - 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 - Answer-The law is strictly applied in accordance with the literal
meaning of the statute, leaving no room for interpretation
Spirit of the law - 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 - Answer-Violations of the criminal statutes
Civil Law - Answer-Non-criminal violations of the law or private wrongs committed by
one person of another (civil wrong called a tort)
Tort by omission - Answer-Omission of an act or negligence may also be a tort if it
violates a legal duty owed to another person
PC 15 - 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 - Answer-The basic facts that must be proven by the prosecution to
sustain a conviction
Intent - Answer-A mental state or frame of mind that the person knowingly did the
particular crime
,Transferred intent - Answer-When an unlawful act affects a person other than, or in
addition to, the person it was intended to affect
Criminal Negligence - Answer-A negligent act that is aggravated or reckless, and
constitutes indifference to the consequences
Attempt crimes not defined in penal codes - 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 - Answer-An intent to commit that crime
A direct, but ineffectual act done toward its commission
Elements that are basic to every crime - Answer-Commission of a prohibited act, or an
omission of a required act
Presence of a designated state of mind (intent)
3 crime categories - Answer-Felonies, Misdemeanors, and Infractions
Felony - Answer-A crime punishable by a fine, and/or imprisonment in a state prison,
death or removal from office
PC 17
Misdemeanor - Answer-A crime of lesser gravity than a felony, punishable by a fine
and/or imprisonment in a county jail
PC 19
Wobbler - Answer-A crime that can be punished either as a felony or misdemeanor
Infraction - Answer-A public offense punishable by a fine only
PC 31 - Answer-Principle include all persons involved in the commission of a crime
(need not to be present)
Aids and Abets - Answer-If he or she actively assists, supports, promotes, encourages,
strengthens, or instigates by act or advice in the commission of the offense
Accesory - 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 - Answer-When a principal to a crime testifies for the prosecution against
another principal
PC 1111
PC 26 - 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
- through misfortune or accident
- under threat or malice
Reasonable Suspicion - Answer-When an officer has sufficient facts and information to
make it reasonable to suspect criminal activity
(Can only detain)
Probable Cause - Answer-When there is sufficient evidence that the suspect was
involved in a crime.
Section 1983 - Answer-Permits a civil rights suit seeking monetary damages to be
awarded to anyone who proves, in a court of law, that they were deprived of some legal
right through government action, that is, by a person acting under color of law
Under color of law - Answer-An action that is carried out as if under the authority of the
law, but that is actually done in violation of law
Section 241 - Answer-A federal crime, punishable by a fine or imprisonment up to 10
years of both if:
• Two or more persons, conspire to injure, oppress, threaten or intimidate any person for
doing anything that the person had a legal right to be doing
Section 242 - Answer-Federal crime, punishable by a fine or imprisonment up to one
year or both:
• For any person acting under color of any law, willfully deprive any person of any legal
right or to subject any person to a different punishment or penalty based on that
persons race or citizenship status
PC 148 - Answer-Resisting, delaying or obstructing a peace officer
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