Post Test #1 – Study Guide (LD 5, 15, 16, 20, 39)
Constitutional, statutory and case law - ANS✔✔ 3 origins of law
Rules and provisions found in the federal and state constitutions - ANS✔✔ Constitutional Law
Written laws enacted by a legislative body - ANS✔✔ Statutory Law
Previous appellate court decisions that are binding on lower court decisions (know as
precedent)
Primary purpose is to interpret constitution and clarify statutes - ANS✔✔ Case Law
The law is strictly applied in accordance with the literal meaning of the statute, leaving no room
for interpretation - ANS✔✔ Letter of the Law
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 - ANS✔✔ Spirit of the
law
Violations of the criminal statutes - ANS✔✔ Criminal Law
Non-criminal violations of the law or private wrongs committed by one person of another (civil
wrong called a tort) - ANS✔✔ Civil Law
Omission of an act or negligence may also be a tort if it violates a legal duty owed to another
person - ANS✔✔ Tort by omission
,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 - ANS✔✔ PC 15
The basic facts that must be proven by the prosecution to sustain a conviction - ANS✔✔
Elements of a crime
A mental state or frame of mind that the person knowingly did the particular crime - ANS✔✔
Intent
When an unlawful act affects a person other than, or in addition to, the person it was intended
to affect - ANS✔✔ Transferred intent
A negligent act that is aggravated or reckless, and constitutes indifference to the consequences -
ANS✔✔ Criminal Negligence
Charged under the general provisions of 664 PC (attempts) and the PC for the crime attempted
Example: 664 PC and 459 PC = attempted burglary - ANS✔✔ Attempt crimes not defined in
penal codes
An intent to commit that crime
A direct, but ineffectual act done toward its commission - ANS✔✔ Attempted crime elements
, Commission of a prohibited act, or an omission of a required act
Presence of a designated state of mind (intent) - ANS✔✔ Elements that are basic to every crime
Felonies, Misdemeanors, and Infractions - ANS✔✔ 3 crime categories
A crime punishable by a fine, and/or imprisonment in a state prison, death or removal from
office
PC 17 - ANS✔✔ Felony
A crime of lesser gravity than a felony, punishable by a fine and/or imprisonment in a county jail
PC 19 - ANS✔✔ Misdemeanor
A crime that can be punished either as a felony or misdemeanor - ANS✔✔ Wobbler
A public offense punishable by a fine only - ANS✔✔ Infraction
Principle include all persons involved in the commission of a crime (need not to be present) -
ANS✔✔ PC 31
If he or she actively assists, supports, promotes, encourages, strengthens, or instigates by act or
advice in the commission of the offense - ANS✔✔ Aids and Abets
Anyone who, after a felony, has committed:
Constitutional, statutory and case law - ANS✔✔ 3 origins of law
Rules and provisions found in the federal and state constitutions - ANS✔✔ Constitutional Law
Written laws enacted by a legislative body - ANS✔✔ Statutory Law
Previous appellate court decisions that are binding on lower court decisions (know as
precedent)
Primary purpose is to interpret constitution and clarify statutes - ANS✔✔ Case Law
The law is strictly applied in accordance with the literal meaning of the statute, leaving no room
for interpretation - ANS✔✔ Letter of the Law
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 - ANS✔✔ Spirit of the
law
Violations of the criminal statutes - ANS✔✔ Criminal Law
Non-criminal violations of the law or private wrongs committed by one person of another (civil
wrong called a tort) - ANS✔✔ Civil Law
Omission of an act or negligence may also be a tort if it violates a legal duty owed to another
person - ANS✔✔ Tort by omission
,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 - ANS✔✔ PC 15
The basic facts that must be proven by the prosecution to sustain a conviction - ANS✔✔
Elements of a crime
A mental state or frame of mind that the person knowingly did the particular crime - ANS✔✔
Intent
When an unlawful act affects a person other than, or in addition to, the person it was intended
to affect - ANS✔✔ Transferred intent
A negligent act that is aggravated or reckless, and constitutes indifference to the consequences -
ANS✔✔ Criminal Negligence
Charged under the general provisions of 664 PC (attempts) and the PC for the crime attempted
Example: 664 PC and 459 PC = attempted burglary - ANS✔✔ Attempt crimes not defined in
penal codes
An intent to commit that crime
A direct, but ineffectual act done toward its commission - ANS✔✔ Attempted crime elements
, Commission of a prohibited act, or an omission of a required act
Presence of a designated state of mind (intent) - ANS✔✔ Elements that are basic to every crime
Felonies, Misdemeanors, and Infractions - ANS✔✔ 3 crime categories
A crime punishable by a fine, and/or imprisonment in a state prison, death or removal from
office
PC 17 - ANS✔✔ Felony
A crime of lesser gravity than a felony, punishable by a fine and/or imprisonment in a county jail
PC 19 - ANS✔✔ Misdemeanor
A crime that can be punished either as a felony or misdemeanor - ANS✔✔ Wobbler
A public offense punishable by a fine only - ANS✔✔ Infraction
Principle include all persons involved in the commission of a crime (need not to be present) -
ANS✔✔ PC 31
If he or she actively assists, supports, promotes, encourages, strengthens, or instigates by act or
advice in the commission of the offense - ANS✔✔ Aids and Abets
Anyone who, after a felony, has committed:
