POST TEST #1 (LD 5,15,16,20,39) WITH ALL
CORRECT & VERIFIED ANSWERS
3 origins of law Correct answer-Constitutional, statutory and case law
Constitutional Law Correct answer-Rules and provisions found in the federal and state
constitutions
Statutory Law Correct answer-Written laws enacted by a legislative body
Case Law Correct 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 Correct answer-The law is strictly applied in accordance with the literal meaning
of the statute, leaving no room for interpretation
Spirit of the law Correct 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 Correct answer-Violations of the criminal statutes
Civil Law Correct answer-Non-criminal violations of the law or private wrongs committed by one
person of another (civil wrong called a tort)
Tort by omission Correct answer-Omission of an act or negligence may also be a tort if it violates a
legal duty owed to another person
PC 15 Correct 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 Correct answer-The basic facts that must be proven by the prosecution to
sustain a conviction
Intent Correct answer-A mental state or frame of mind that the person knowingly did the
particular 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 Negligence Correct answer-A negligent act that is aggravated or reckless, and constitutes
indifference to the consequences
, Attempt crimes not defined in penal codes Correct 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 Correct answer-An intent to commit that crime
A direct, but ineffectual act done toward its commission
Elements that are basic to every crime Correct answer-Commission of a prohibited act, or an
omission of a required act
Presence of a designated state of mind (intent)
3 crime categories Correct answer-Felonies, Misdemeanors, and Infractions
Felony Correct answer-A crime punishable by a fine, and/or imprisonment in a state prison, death
or removal from office
PC 17
Misdemeanor Correct answer-A crime of lesser gravity than a felony, punishable by a fine and/or
imprisonment in a county jail
PC 19
Wobbler Correct answer-A crime that can be punished either as a felony or misdemeanor
Infraction Correct answer-A public offense punishable by a fine only
PC 31 Correct answer-Principle include all persons involved in the commission of a crime (need not
to be present)
Aids and Abets Correct answer-If he or she actively assists, supports, promotes, encourages,
strengthens, or instigates by act or advice in the commission of the offense
Accesory Correct 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 Correct answer-When a principal to a crime testifies for the prosecution against
another principal
PC 1111
PC 26 Correct answer-This penal code identifies those individuals who are presumed not capable
of committing a crime
• Children under 14
• Persons mentally incapacitated
CORRECT & VERIFIED ANSWERS
3 origins of law Correct answer-Constitutional, statutory and case law
Constitutional Law Correct answer-Rules and provisions found in the federal and state
constitutions
Statutory Law Correct answer-Written laws enacted by a legislative body
Case Law Correct 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 Correct answer-The law is strictly applied in accordance with the literal meaning
of the statute, leaving no room for interpretation
Spirit of the law Correct 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 Correct answer-Violations of the criminal statutes
Civil Law Correct answer-Non-criminal violations of the law or private wrongs committed by one
person of another (civil wrong called a tort)
Tort by omission Correct answer-Omission of an act or negligence may also be a tort if it violates a
legal duty owed to another person
PC 15 Correct 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 Correct answer-The basic facts that must be proven by the prosecution to
sustain a conviction
Intent Correct answer-A mental state or frame of mind that the person knowingly did the
particular 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 Negligence Correct answer-A negligent act that is aggravated or reckless, and constitutes
indifference to the consequences
, Attempt crimes not defined in penal codes Correct 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 Correct answer-An intent to commit that crime
A direct, but ineffectual act done toward its commission
Elements that are basic to every crime Correct answer-Commission of a prohibited act, or an
omission of a required act
Presence of a designated state of mind (intent)
3 crime categories Correct answer-Felonies, Misdemeanors, and Infractions
Felony Correct answer-A crime punishable by a fine, and/or imprisonment in a state prison, death
or removal from office
PC 17
Misdemeanor Correct answer-A crime of lesser gravity than a felony, punishable by a fine and/or
imprisonment in a county jail
PC 19
Wobbler Correct answer-A crime that can be punished either as a felony or misdemeanor
Infraction Correct answer-A public offense punishable by a fine only
PC 31 Correct answer-Principle include all persons involved in the commission of a crime (need not
to be present)
Aids and Abets Correct answer-If he or she actively assists, supports, promotes, encourages,
strengthens, or instigates by act or advice in the commission of the offense
Accesory Correct 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 Correct answer-When a principal to a crime testifies for the prosecution against
another principal
PC 1111
PC 26 Correct answer-This penal code identifies those individuals who are presumed not capable
of committing a crime
• Children under 14
• Persons mentally incapacitated
