RBC 1 CERTIFICATION EVALUATION
QUESTIONS AND SOLUTIONS STUDY GUIDE
●● statutory law
Answer: written laws enacted by legislative body, state county
ordinances or municipal courts(Penal Codes, drinking age, speed limits)
●● case law
Answer: laws based in appellate court decisions that have become
binding on lower courts decisions
●● letter of the law
Answer: applied literal meaning of the law, leaves no room for
interpretations (Domestic violence)
●● spirit of the law
Answer: law is applied with the intent of the legislature, promotes
fairness and jusitce not literal. ( speed limits)
●● criminal law
Answer: violations of criminal statues (crimes) considered public
wrongs against all people of the state of california (violation of PC)
,●● civil law
Answer: noncriminal violations of law. private wrongs committed by
person to another person (tort, breach of contract) purpose is to
redress/right a wrong (car accident)
●● statutory definition of a crime
Answer: crime that violates a penal code and is tried by the state (PC
violation)
●● basic crime elements
Answer: basic facts that must be proven to sustain conviction. any
element is missing the crime is incomplete. action, and intent or criminal
negligence.
●● general intent crime
Answer: someone intentionally did what the law forbids. does not matter
if the person is aware of the law or not. the person is aware of action or
conduct.
●● specific intent crime
Answer: crime that requires proof of intent (possession of drugs with
intent to sell, burglary requires specific intent)
●● transferred intent crime
, Answer: when an unlawful act affects a person other than or in addition
to the intended person. intent transfers from intended victim to actual
victim. (example LD 5 3-6)
●● criminal intent
Answer: mental state or frame of mind that the person knowingly did
particular criminal act (general, specific, or transferred)
●● criminal negligence
Answer: failure to exercise ordinary care. aggravated or reckless with
indifference to consequences
●● felony
Answer: crime punishable by fine, imprisonment in state prison, death,
removal from office (PC 17)
●● misdemeanor
Answer: lesser than felony punishbale by fine or imprisonment in county
jail (PC 19)
●● infraction
Answer: public offense punishable by a fine only. citation instead of an
arrest. person charge not entitled to trial rights (lawyer, jury trail etc)
QUESTIONS AND SOLUTIONS STUDY GUIDE
●● statutory law
Answer: written laws enacted by legislative body, state county
ordinances or municipal courts(Penal Codes, drinking age, speed limits)
●● case law
Answer: laws based in appellate court decisions that have become
binding on lower courts decisions
●● letter of the law
Answer: applied literal meaning of the law, leaves no room for
interpretations (Domestic violence)
●● spirit of the law
Answer: law is applied with the intent of the legislature, promotes
fairness and jusitce not literal. ( speed limits)
●● criminal law
Answer: violations of criminal statues (crimes) considered public
wrongs against all people of the state of california (violation of PC)
,●● civil law
Answer: noncriminal violations of law. private wrongs committed by
person to another person (tort, breach of contract) purpose is to
redress/right a wrong (car accident)
●● statutory definition of a crime
Answer: crime that violates a penal code and is tried by the state (PC
violation)
●● basic crime elements
Answer: basic facts that must be proven to sustain conviction. any
element is missing the crime is incomplete. action, and intent or criminal
negligence.
●● general intent crime
Answer: someone intentionally did what the law forbids. does not matter
if the person is aware of the law or not. the person is aware of action or
conduct.
●● specific intent crime
Answer: crime that requires proof of intent (possession of drugs with
intent to sell, burglary requires specific intent)
●● transferred intent crime
, Answer: when an unlawful act affects a person other than or in addition
to the intended person. intent transfers from intended victim to actual
victim. (example LD 5 3-6)
●● criminal intent
Answer: mental state or frame of mind that the person knowingly did
particular criminal act (general, specific, or transferred)
●● criminal negligence
Answer: failure to exercise ordinary care. aggravated or reckless with
indifference to consequences
●● felony
Answer: crime punishable by fine, imprisonment in state prison, death,
removal from office (PC 17)
●● misdemeanor
Answer: lesser than felony punishbale by fine or imprisonment in county
jail (PC 19)
●● infraction
Answer: public offense punishable by a fine only. citation instead of an
arrest. person charge not entitled to trial rights (lawyer, jury trail etc)