MIDTERM CJ 320 BOWMAN SDSU FINAL STUDY
GUIDE 2026 TESTED ITEMS SOLVED
◉ Criminal Law and Civil law are not _______. Answer: Mutually
exclusive
◉ Goals of Civil law. Answer: Correct the wrong
Ex: Pay restitution
◉ Goals of Criminal law. Answer: Punish offender
◉ Burden of proof for criminal cases. Answer: Prove beyond a
reasonable doubt
◉ Burden of proof for civil cases. Answer: Preponderance of
evidence (more than 50%)
◉ Sources of Criminal Law. Answer: Federal Laws
State Laws
Local laws (municipal codes)
,◉ Four types of California classification of crimes. Answer: 1. Felony:
Any crime where state prison is POSSIBLE
2. Wobblers: Could be felony OR misdemeanor
3. Misdemeanor: UP TO a year (or less) or a fine
4. Infraction: fine ONLY
◉ Define Low, Mid and Upper term. Answer: Low term: Lowest
sentence for a crime
Middle Term: Middle term for crime
Upper term: Maximum term for crime
Ex: Burglary - 2,4,6
◉ Define Penal Code 1170(h). Answer: Not otherwise prescribed
felony falls under this category
16 months, 2 yrs, 3 yrs
◉ Explain a wobbler. Answer: Could be a felony or misdemeanor
Can be a misdemeanor (less than a year)
1170(h) becomes a felony (over a year)
DA DETERMINES FELONY OR MISDEMEANOR
◉ Define Actus Reus. Answer: Act of the crime. Bodily movement
AND will
, Ex: Muder; Actus Reus = Shooting
◉ Define Mens Rea. Answer: Mental state with INTENT TO ACT
◉ Define concurrence. Answer: Works at the same time
◉ What two ideas work CONCURRENTLY. Answer: Actus Reus (Act)
AND Mens Rea (Mental State)
◉ Define causation. Answer: What caused the crime
◉ Define resulting harm. Answer: THe outcome
◉ Define mayhem. Answer: Person who unlawfully deprives
someone of body, disables, disfigures, renders useless, cuts tongue,
puts an eye out, slits nose ear or lip
◉ Significance of People v. Decina. Answer: Man knew he was
epileptic and drove a car and killed 3 people because he had a
seizure while driving. Claimed he was not guilty because he had a
seizure and cannot control it. Still convicted because his ACTUS
REUS was driving KNOWING he was epilpetic
GUIDE 2026 TESTED ITEMS SOLVED
◉ Criminal Law and Civil law are not _______. Answer: Mutually
exclusive
◉ Goals of Civil law. Answer: Correct the wrong
Ex: Pay restitution
◉ Goals of Criminal law. Answer: Punish offender
◉ Burden of proof for criminal cases. Answer: Prove beyond a
reasonable doubt
◉ Burden of proof for civil cases. Answer: Preponderance of
evidence (more than 50%)
◉ Sources of Criminal Law. Answer: Federal Laws
State Laws
Local laws (municipal codes)
,◉ Four types of California classification of crimes. Answer: 1. Felony:
Any crime where state prison is POSSIBLE
2. Wobblers: Could be felony OR misdemeanor
3. Misdemeanor: UP TO a year (or less) or a fine
4. Infraction: fine ONLY
◉ Define Low, Mid and Upper term. Answer: Low term: Lowest
sentence for a crime
Middle Term: Middle term for crime
Upper term: Maximum term for crime
Ex: Burglary - 2,4,6
◉ Define Penal Code 1170(h). Answer: Not otherwise prescribed
felony falls under this category
16 months, 2 yrs, 3 yrs
◉ Explain a wobbler. Answer: Could be a felony or misdemeanor
Can be a misdemeanor (less than a year)
1170(h) becomes a felony (over a year)
DA DETERMINES FELONY OR MISDEMEANOR
◉ Define Actus Reus. Answer: Act of the crime. Bodily movement
AND will
, Ex: Muder; Actus Reus = Shooting
◉ Define Mens Rea. Answer: Mental state with INTENT TO ACT
◉ Define concurrence. Answer: Works at the same time
◉ What two ideas work CONCURRENTLY. Answer: Actus Reus (Act)
AND Mens Rea (Mental State)
◉ Define causation. Answer: What caused the crime
◉ Define resulting harm. Answer: THe outcome
◉ Define mayhem. Answer: Person who unlawfully deprives
someone of body, disables, disfigures, renders useless, cuts tongue,
puts an eye out, slits nose ear or lip
◉ Significance of People v. Decina. Answer: Man knew he was
epileptic and drove a car and killed 3 people because he had a
seizure while driving. Claimed he was not guilty because he had a
seizure and cannot control it. Still convicted because his ACTUS
REUS was driving KNOWING he was epilpetic
