TMAS 3 EXAM STUDY GUIDE
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
If only civil: LEOs lack authority to force a resolution to the dispute. The duty is to stand
by, preserve the peace and maintain order.
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.
Felony - Answer -punishable by a fine and/or imprisonment in state prison, death, or
removal from office.
Misdemeanor - Answer -crime of lesser gravity than a felony.
Punishable by a fine and/or imprisonment in a county jail.
Wobbler - Answer -a crime that can be either a misdemeanor or felony.
Punishable by imprisonment in either the state prison or county jail and/or fine.
Treated as felonies by LEOs.
Infraction - Answer -issued citation instead of arrest
Not entitled to a jury trial or to representation by a public defender, except in cases
involving arrest.
Post release Community Supervision (PRCS) - Answer -Subject to warrantless
searches
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
If only civil: LEOs lack authority to force a resolution to the dispute. The duty is to stand
by, preserve the peace and maintain order.
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.
Felony - Answer -punishable by a fine and/or imprisonment in state prison, death, or
removal from office.
Misdemeanor - Answer -crime of lesser gravity than a felony.
Punishable by a fine and/or imprisonment in a county jail.
Wobbler - Answer -a crime that can be either a misdemeanor or felony.
Punishable by imprisonment in either the state prison or county jail and/or fine.
Treated as felonies by LEOs.
Infraction - Answer -issued citation instead of arrest
Not entitled to a jury trial or to representation by a public defender, except in cases
involving arrest.
Post release Community Supervision (PRCS) - Answer -Subject to warrantless
searches
