POST TEST #1 LD 5,15,16,20,39 Test
Questions 2026 Questions and 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
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,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
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,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
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, 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
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Questions 2026 Questions and 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
©COPYRIGHT 2025, ALL RIGHTS RESERVED 1
,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
©COPYRIGHT 2025, ALL RIGHTS RESERVED 2
,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
©COPYRIGHT 2025, ALL RIGHTS RESERVED 3
, 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
©COPYRIGHT 2025, ALL RIGHTS RESERVED 4
