POST TEST #1 LD 5,15,16,20,39
Question 1: What are the 3 origins of law?
CORRECT ANSWER : Constitutional, statutory and case law
Question 2: What is Constitutional Law?
CORRECT ANSWER : Rules and provisions found in the
federal and state constitutions
Question 3: What is Statutory Law?
CORRECT ANSWER : Written laws enacted by a legislative
body
Question 4: What is Case Law?
CORRECT ANSWER : Previous appellate court decisions
that are binding on lower court decisions (know as precedent)
Question 5: What is the primary purpose of Case Law?
CORRECT ANSWER : Primary purpose is to interpret
constitution and clarify statutes
Question 6: What is the 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
Question 7: What is the 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
Question 8: What is Criminal Law?
CORRECT ANSWER : Violations of the criminal statutes
Question 9: What is Civil Law?
CORRECT ANSWER : Non-criminal violations of the law or
private wrongs committed by one person of another (civil wrong called a tort)
Question 10: What is a 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
Question 11: What does PC 15 define?
CORRECT ANSWER : Defines a crime or public offense
Question 12: What are the penalties outlined in PC 15?
CORRECT ANSWER : Death, Imprisonment, Fine, Removal
from office, Disqualification to hold and enjoy any office of honor, trust, or profit in CA
Question 13: What are the Elements of a crime?
CORRECT ANSWER : The basic facts that must be proven
by the prosecution to sustain a conviction
Question 14: What is Intent?
CORRECT ANSWER : A mental state or frame of mind that
the person knowingly did the particular crime
Question 15: What is Transferred intent?
CORRECT ANSWER : When an unlawful act affects a person
other than, or in addition to, the person it was intended to affect
Question 16: What is Criminal Negligence?
CORRECT ANSWER : A negligent act that is aggravated or
reckless, and constitutes indifference to the consequences
Question 17: How are attempt crimes not defined in penal
codes charged?
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
Question 18: What are the elements of an attempted crime?
CORRECT ANSWER : An intent to commit that crime, A
direct, but ineffectual act done toward its commission