TMAS 1 Study Guide Questions with
Guaranteed Pass Solutions 2025-2026
Updated.
Constitutional law - Answer The rules and provisions which are found in federal and state
constitutions, specifically the Bill of Rights
Statutory law - Answer The laws which are enacted by a legislative body and recorded in the
various state, county, or municipal codes.
Case law - Answer Laws which are based on previous appellate court decisions that have
become binding on lower court decisions.
Letter of the law - Answer the law is strictly applied in accordance with the literal meaning of
the statute, leaving no room for interpretation.
Spirit of the law - 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 - Answer deals with violations of the criminal statutes. Such violations are called
crimes. The consequence for violating criminal law is prosecution.
Civil law - Answer deals with noncriminal violations or private wrongs committed by one
person against another. A civil wrong is called a tort, or a breach of contract. The purpose of civil
law is redress, or to right a wrong.
statutory definition of a crime - Answer A crime is a violation of a criminal statute. Penal
Code Section 15 defines a crime or public offense as "an act committed or omitted in violation
of a law forbidding or commanding it,"
basic elements common to all crimes - Answer The elements of the crime are the basic facts
that must be proved by the prosecution to sustain a conviction. If any of the elements is
missing, the crime is incomplete.
,basic elements required of an attempt to commit a crime - Answer Elements of attempts:
- Intent
- A direct, but ineffectual act done towards its commission.
PC 664 (attempt statute)
General Intent - Answer intent is presumed and does not have to be proven.
Specific Intent - Answer intent is an element of the offense that must be proven.
- i.e. (With the intent to ... For the purpose of...)
Transferred Intent - Answer When an unlawful act affects a person other than, or in addition
to, the person it was intended to affect
Criminal intent - Answer must exist to distinguish the crime from an accident or mistake of
fact. Criminal negligence meets the requirement of criminal intent.
Criminal Negligence - Answer the failure to exercise ordinary care.
Felony - Answer a crime, punishable by a fine and/or imprisonment in state prison, death, or
removal from office.
Misdemeanor - Answer a crime, punishable by a fine and/or imprisonment in a county jail.
Infraction - Answer A public offense punishable by a fine only
Wobblers - Answer Crimes that can be charged as either felony or misdemeanor.
Principals to a crime - Answer (PC 31) - all persons involved in the commission of a felony or
misdemeanor.
A Principal includes anyone who:
- directly committed the offense
, - by fraud, contrivance, or force, occasioned the drunkenness of another for the purpose of
causing that person to commit the offense
- by threats, menaces, command, or coercion compelled another to commit the offense
Accessories to a crime - Answer has knowledge that the principal has committed, has been
charged with, or has been convicted of committing a felony (AND)
harbors, conceals, or aids a principal in the felony (AND)
has the intention of assisting the principal to avoid or escape arrest, trial, conviction, or
punishment
Accomplices to a crime - Answer A principal to a crime becomes an accomplice when he or
she testifies for the prosecution against another principal.
People legally incapable of committing a crime - Answer - Children under 14
- Persons who are mentally incapacitated
- Persons who committed the act or omission who are:
- under ignorance or mistake of fact,
- without being conscious of the act,
- through misfortune or accident, or
- under threat or menace
Officers responsibility - 4th Amendment - Answer The right to
- protect against unreasonable searches and seizures.
Officers responsibility - 5th Amendment - Answer The right to
- protect against double jeopardy
- being a witness against one's self,
- due process.
Officers responsibility - 6th Amendment - Answer The right to
Guaranteed Pass Solutions 2025-2026
Updated.
Constitutional law - Answer The rules and provisions which are found in federal and state
constitutions, specifically the Bill of Rights
Statutory law - Answer The laws which are enacted by a legislative body and recorded in the
various state, county, or municipal codes.
Case law - Answer Laws which are based on previous appellate court decisions that have
become binding on lower court decisions.
Letter of the law - Answer the law is strictly applied in accordance with the literal meaning of
the statute, leaving no room for interpretation.
Spirit of the law - 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 - Answer deals with violations of the criminal statutes. Such violations are called
crimes. The consequence for violating criminal law is prosecution.
Civil law - Answer deals with noncriminal violations or private wrongs committed by one
person against another. A civil wrong is called a tort, or a breach of contract. The purpose of civil
law is redress, or to right a wrong.
statutory definition of a crime - Answer A crime is a violation of a criminal statute. Penal
Code Section 15 defines a crime or public offense as "an act committed or omitted in violation
of a law forbidding or commanding it,"
basic elements common to all crimes - Answer The elements of the crime are the basic facts
that must be proved by the prosecution to sustain a conviction. If any of the elements is
missing, the crime is incomplete.
,basic elements required of an attempt to commit a crime - Answer Elements of attempts:
- Intent
- A direct, but ineffectual act done towards its commission.
PC 664 (attempt statute)
General Intent - Answer intent is presumed and does not have to be proven.
Specific Intent - Answer intent is an element of the offense that must be proven.
- i.e. (With the intent to ... For the purpose of...)
Transferred Intent - Answer When an unlawful act affects a person other than, or in addition
to, the person it was intended to affect
Criminal intent - Answer must exist to distinguish the crime from an accident or mistake of
fact. Criminal negligence meets the requirement of criminal intent.
Criminal Negligence - Answer the failure to exercise ordinary care.
Felony - Answer a crime, punishable by a fine and/or imprisonment in state prison, death, or
removal from office.
Misdemeanor - Answer a crime, punishable by a fine and/or imprisonment in a county jail.
Infraction - Answer A public offense punishable by a fine only
Wobblers - Answer Crimes that can be charged as either felony or misdemeanor.
Principals to a crime - Answer (PC 31) - all persons involved in the commission of a felony or
misdemeanor.
A Principal includes anyone who:
- directly committed the offense
, - by fraud, contrivance, or force, occasioned the drunkenness of another for the purpose of
causing that person to commit the offense
- by threats, menaces, command, or coercion compelled another to commit the offense
Accessories to a crime - Answer has knowledge that the principal has committed, has been
charged with, or has been convicted of committing a felony (AND)
harbors, conceals, or aids a principal in the felony (AND)
has the intention of assisting the principal to avoid or escape arrest, trial, conviction, or
punishment
Accomplices to a crime - Answer A principal to a crime becomes an accomplice when he or
she testifies for the prosecution against another principal.
People legally incapable of committing a crime - Answer - Children under 14
- Persons who are mentally incapacitated
- Persons who committed the act or omission who are:
- under ignorance or mistake of fact,
- without being conscious of the act,
- through misfortune or accident, or
- under threat or menace
Officers responsibility - 4th Amendment - Answer The right to
- protect against unreasonable searches and seizures.
Officers responsibility - 5th Amendment - Answer The right to
- protect against double jeopardy
- being a witness against one's self,
- due process.
Officers responsibility - 6th Amendment - Answer The right to
