RBC 2 Study Guide Exam Questions with 100% Correct Answers

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. 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 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. 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 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 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 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 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. Principals to a crime Correct Answer "A principal to a crime is anyone who: - directly committed the offense - aided and abetted - advised and encouraged - counseled, advised, or encouraged children under the age of 14 years, or mentally incapacitated persons - by fraud, contrivance, or force, occasioned the drunkenness of another - by threats, menaces, command, or coercion compelled another" Accessories to a crime Correct Answer "An accessory is anyone who, after a felony has been committed, meets all the following requirements: (Penal Code Section 32) - has knowledge that the principal has committed, has been charged with, or has been convicted of committing a felony - harbors, conceals, or aids a principal in the felony - has the intention of assisting the principal to avoid or escape arrest, trial, conviction, or punishment