CDCR POST EXAM VOL_2 STUDY GUIDE
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
- Purpose: Redress (right a wrong)
Example of Tort by Omission - Answer -A store owner failed to alert customers to a
hazardous situation, such as the wet floor, resulting in an injured customer. The store
owners failure to act could lead to a civil action.
(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 car, though he knew the temperature that afternoon was expected to exceed
90°. He left the child unattended for a number of hours. The daughter died from the
excessive heat buildup inside the vehicle although the father had no intention of injuring
his daughter, he is still ___________? - Answer -Criminally negligent
Felony - Answer -The crime, punishable by a fine time or imprisonment in state prison,
death, or removal from office. Penal code section 17
Misdemeanor - Answer -The crime of lesser gravity than a felony, they are punishable
by a fine and or imprisonment in a county jail. Panel code, section 19.
Wobbler - Answer -A crime that can be punished either as a felony or misdemeanor.
Can be in either the state prison or county jail, and or a fine.
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
- Purpose: Redress (right a wrong)
Example of Tort by Omission - Answer -A store owner failed to alert customers to a
hazardous situation, such as the wet floor, resulting in an injured customer. The store
owners failure to act could lead to a civil action.
(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 car, though he knew the temperature that afternoon was expected to exceed
90°. He left the child unattended for a number of hours. The daughter died from the
excessive heat buildup inside the vehicle although the father had no intention of injuring
his daughter, he is still ___________? - Answer -Criminally negligent
Felony - Answer -The crime, punishable by a fine time or imprisonment in state prison,
death, or removal from office. Penal code section 17
Misdemeanor - Answer -The crime of lesser gravity than a felony, they are punishable
by a fine and or imprisonment in a county jail. Panel code, section 19.
Wobbler - Answer -A crime that can be punished either as a felony or misdemeanor.
Can be in either the state prison or county jail, and or a fine.
