Cdcr Post Exam vol_2 Revision
Questions With 100%Solved Solutions.
Constitutional Law - Answer The rules and provisions found in the federal and state
constitutions form the basis of modern constitutional law
Statuary Law - Answer legislative acts declaring, commanding, or prohibiting something
Case Law - Answer Based upon previous Appellate court decisions that are binding on lower
court decisions
-interpret the constitution
-clarify statutes
Judicial Review - Answer Protects the rights of the individual from unconstitutional legislation
differentiate between the letter of the law and the spirit of the law - 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 - Answer "Criminal Law
- Definition: Violation of a criminal statute
Also known as Crime
- Prosecutor: The State
- Purpose Punishment
Civil Law
- Definition: Noncriminal violations of the law
Also known as- Tort
Failure to comply is a - Breach of Contract
- Prosecutor: The plaintiff
, (Key words, Act or negligence)
Recall the statutory definition of a crime - 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 - Answer The basic facts that must be
proven by the prosecution to sustain a conviction. If any element is missing, that particular
crime is not complete, also known as penal code, section 20.....
identify the basic elements required of an attempt to commit a crime - Answer 1. Intent to
commit that crime.
2. Intent or intention, is manifested by the totality of the circumstances connected with the
offense
3. The mental state that the person knowingly did the particular criminal act.
discuss general, specific, and transferred intent crimes - Answer 1. In some crimes in tent is
presumed, and does not have to be proven. Example, battery, arson, transportation of drugs.
2. In other crimes intent is an element of the offense that must be proven, example, burglary,
kidnapping for ransom
3. When an unlawful act affects a person other than or, in addition to the person it was
intended to affect.
differentiate between criminal intent and criminal negligence - Answer • Criminal intent -
means a mental state or frame of mind that the person knowingly did the particular criminal
act.
• Criminal negligence - meets the requirements of criminal intent, negligence is a failure to
exercise ordinary care. (Reckless)
The defendant shot at an intended victim with intent to kill him, but instead hit and killed a
bystander. The defendant is guilty of murder, even though he did not have the specific intent to
kill the bystander, the intent transfers from the intended victim to the bystanders - Answer
Transferred intent
A father left his sleeping 18-month-old daughter strapped in her car child seat inside the closed
Questions With 100%Solved Solutions.
Constitutional Law - Answer The rules and provisions found in the federal and state
constitutions form the basis of modern constitutional law
Statuary Law - Answer legislative acts declaring, commanding, or prohibiting something
Case Law - Answer Based upon previous Appellate court decisions that are binding on lower
court decisions
-interpret the constitution
-clarify statutes
Judicial Review - Answer Protects the rights of the individual from unconstitutional legislation
differentiate between the letter of the law and the spirit of the law - 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 - Answer "Criminal Law
- Definition: Violation of a criminal statute
Also known as Crime
- Prosecutor: The State
- Purpose Punishment
Civil Law
- Definition: Noncriminal violations of the law
Also known as- Tort
Failure to comply is a - Breach of Contract
- Prosecutor: The plaintiff
, (Key words, Act or negligence)
Recall the statutory definition of a crime - 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 - Answer The basic facts that must be
proven by the prosecution to sustain a conviction. If any element is missing, that particular
crime is not complete, also known as penal code, section 20.....
identify the basic elements required of an attempt to commit a crime - Answer 1. Intent to
commit that crime.
2. Intent or intention, is manifested by the totality of the circumstances connected with the
offense
3. The mental state that the person knowingly did the particular criminal act.
discuss general, specific, and transferred intent crimes - Answer 1. In some crimes in tent is
presumed, and does not have to be proven. Example, battery, arson, transportation of drugs.
2. In other crimes intent is an element of the offense that must be proven, example, burglary,
kidnapping for ransom
3. When an unlawful act affects a person other than or, in addition to the person it was
intended to affect.
differentiate between criminal intent and criminal negligence - Answer • Criminal intent -
means a mental state or frame of mind that the person knowingly did the particular criminal
act.
• Criminal negligence - meets the requirements of criminal intent, negligence is a failure to
exercise ordinary care. (Reckless)
The defendant shot at an intended victim with intent to kill him, but instead hit and killed a
bystander. The defendant is guilty of murder, even though he did not have the specific intent to
kill the bystander, the intent transfers from the intended victim to the bystanders - Answer
Transferred intent
A father left his sleeping 18-month-old daughter strapped in her car child seat inside the closed
