POST TEST #1 LD 5,15,16,20,39 STUDY GUIDE
1. 3 origins of law: Constitutional, statutory and case law
2. Constitutional Law: Rules and provisions found in the federal and state consti-
tutions
3. Statutory Law: Written laws enacted by a legislative body
4. Case Law: Previous appellate court decisions that are binding on lower court
decisions (know as precedent)
Primary purpose is to interpret constitution and clarify statutes
5. Letter of the Law: The law is strictly applied in accordance with the literal
meaning of the statute, leaving no room for interpretation
6. Spirit of the law: The law is applied in accordance with the intent of the legisla-
ture, the promotion of fairness and justice, and not solely in literal compliance with the
words of the statute
7. Criminal Law: Violations of the criminal statutes
8. Civil Law: Non-criminal violations of the law or private wrongs committed by one
person of another (civil wrong called a tort)
9.Tort by omission: Omission of an act or negligence may also be a tort if it violates a
legal duty owed to another person
10.PC 15: Defines a crime or public offense
Penalties:
Death
Imprisonme
nt Fine
Removal from office
Disqualification to hold and enjoy any office of honor, trust, or profit in
CA
11.Elements of a crime: The basic facts that must be proven by the prosecution to
sustain a conviction
12.Intent: A mental state or frame of mind that the person knowingly did the
particular crime
, POST TEST #1 LD 5,15,16,20,39 STUDY GUIDE
13.Transferred intent: When an unlawful act affects a person other than, or in
addition to, the person it was intended to affect
14.Criminal Negligence: A negligent act that is aggravated or reckless, and con-
stitutes indifference to the consequences
15.Attempt crimes not defined in penal codes: Charged under the general
provisions of 664 PC (attempts) and the PC for the crime attempted
Example: 664 PC and 459 PC = attempted burglary
, POST TEST #1 LD 5,15,16,20,39 STUDY GUIDE
16.Attempted crime elements: An intent to commit that crime
A direct, but ineffectual act done toward its commission
17.Elements that are basic to every crime: Commission of a prohibited act, or an
omission of a required act
Presence of a designated state of mind (intent)
18.3 crime categories: Felonies, Misdemeanors, and Infractions
19.Felony: A crime punishable by a fine, and/or imprisonment in a state prison,
death or removal from office
PC 17
20.Misdemeanor: A crime of lesser gravity than a felony, punishable by a fine
and/or imprisonment in a county jail
PC 19
21.Wobbler: A crime that can be punished either as a felony or misdemeanor
22.Infraction: A public offense punishable by a fine only
23.PC 31: Principle include all persons involved in the commission of a crime (need not
to be present)
24.Aids and Abets: If he or she actively assists, supports, promotes, encourages,
strengthens, or instigates by act or advice in the commission of the offense
25.Accesory: 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, convic- tion,
or punishment
26.Accomplice: When a principal to a crime testifies for the prosecution against
another principal
PC 1111
27.PC 26: This penal code identifies those individuals who are presumed not
capable of committing a crime
