TMAS 3 Final Exam Test Questions All
Answered Correct Rated A+ 2025-2026
Updated.
Constitutional Law - Answer Rules and provisions found in the federal and state constitutions
- Due process, search and seizure, self-incrimination, and equal protection
Statutory law - Answer the written laws enacted by a legislative body
All crimes are statutory in California
To be enforceable, a law must be written and a punishment must be provided
Ex post facto laws - Answer laws written after the fact to punish an action that has already
taken place and was not illegal at the time of commission (prohibited)
Case law - Answer based upon previous appellate court decisions that are binding on lower
court decisions (precedent)
Interpret the constitution
Clarify statutes
Letter of the law vs. spirit of the law - Answer Strictly applying the law in accordance with
the literal meaning of the statute vs. the law is applied in accordance with the intent of the
legislature, the promotion of fairness and justice, and not solely in literal compliance.
Criminal law - Answer deals with violations of the criminal statutes; public wrongs against all
people of the State of California.
Consequence: prosecution
Civil law - Answer noncriminal violations of the law or private wrongs committed by one
person to another.
Civil wrong: Tort
Redress: righting a wrong
Injured parties may file a lawsuit for monetary compensation, not including incarceration.
Peace officers have a duty to investigate any potential criminal violations, even in civil matters
, Tort by omission - Answer omission of an act or negligence may also be a tort if it violates a
legal duty owed to another person
Civil actions by crime victims - Answer victim of a crime can file a civil action even though the
state files criminal charges
Punishment for a crime - Answer death, imprisonment, fine or removal from office,
disqualification to hold and enjoy any office of honor, trust, or profit in the state of california.
27 PC LD: 5 - Answer persons liable for punishment:
All persons who commit, in whole or in part, any crime within california
All persons who commit an offense outside of California which, if committed inside California,
would be larceny, carjacking, robbery, or embezzlement and bring or are found with any portion
of the stolen or embezzled property in california.
All persons outside of california who cause, aid, advise, or encourage another person to commit
a crime within california, and who are afterwards found in california.
Criminal intent - Answer must exist to distinguish the crime from an accident or mistake of
fact
General intent crimes - Answer intent is presumed and does not have to be proven
Ex: battery, arson, transportation of drugs
Person was aware of their actions or their conduct (ignorance of the law is no excuse).
Specific intent crimes - Answer intent is an element of the offense that must be proven
Burglary, kidnapping for ransom
Transferred intent - Answer when an unlawful act affects a person other than or in addition
to the person it was intended to affect.
Intent may be transferred only if the act involved does not require a different state of mind or
criminal intent.
Criminal negligence - Answer failure to exercise ordinary care; a negligent act that is
aggravated or reckless and constitutes indifference to the consequences.
Answered Correct Rated A+ 2025-2026
Updated.
Constitutional Law - Answer Rules and provisions found in the federal and state constitutions
- Due process, search and seizure, self-incrimination, and equal protection
Statutory law - Answer the written laws enacted by a legislative body
All crimes are statutory in California
To be enforceable, a law must be written and a punishment must be provided
Ex post facto laws - Answer laws written after the fact to punish an action that has already
taken place and was not illegal at the time of commission (prohibited)
Case law - Answer based upon previous appellate court decisions that are binding on lower
court decisions (precedent)
Interpret the constitution
Clarify statutes
Letter of the law vs. spirit of the law - Answer Strictly applying the law in accordance with
the literal meaning of the statute vs. the law is applied in accordance with the intent of the
legislature, the promotion of fairness and justice, and not solely in literal compliance.
Criminal law - Answer deals with violations of the criminal statutes; public wrongs against all
people of the State of California.
Consequence: prosecution
Civil law - Answer noncriminal violations of the law or private wrongs committed by one
person to another.
Civil wrong: Tort
Redress: righting a wrong
Injured parties may file a lawsuit for monetary compensation, not including incarceration.
Peace officers have a duty to investigate any potential criminal violations, even in civil matters
, Tort by omission - Answer omission of an act or negligence may also be a tort if it violates a
legal duty owed to another person
Civil actions by crime victims - Answer victim of a crime can file a civil action even though the
state files criminal charges
Punishment for a crime - Answer death, imprisonment, fine or removal from office,
disqualification to hold and enjoy any office of honor, trust, or profit in the state of california.
27 PC LD: 5 - Answer persons liable for punishment:
All persons who commit, in whole or in part, any crime within california
All persons who commit an offense outside of California which, if committed inside California,
would be larceny, carjacking, robbery, or embezzlement and bring or are found with any portion
of the stolen or embezzled property in california.
All persons outside of california who cause, aid, advise, or encourage another person to commit
a crime within california, and who are afterwards found in california.
Criminal intent - Answer must exist to distinguish the crime from an accident or mistake of
fact
General intent crimes - Answer intent is presumed and does not have to be proven
Ex: battery, arson, transportation of drugs
Person was aware of their actions or their conduct (ignorance of the law is no excuse).
Specific intent crimes - Answer intent is an element of the offense that must be proven
Burglary, kidnapping for ransom
Transferred intent - Answer when an unlawful act affects a person other than or in addition
to the person it was intended to affect.
Intent may be transferred only if the act involved does not require a different state of mind or
criminal intent.
Criminal negligence - Answer failure to exercise ordinary care; a negligent act that is
aggravated or reckless and constitutes indifference to the consequences.
