Criminal Law and Civil Issues: Understanding Crimes, Torts, and Legal Procedures, Exams of Company Secretarial Practice

Download Criminal Law and Civil Issues: Understanding Crimes, Torts, and Legal Procedures and more Exams Company Secretarial Practice in PDF only on Docsity! PC 832 Practice Study Set Questions with Verified Answers 2024 update. An officer could not force a tenant to pay back rent because the payment of the rent is a civil issue. However, if the landlord were to lock the tenant out of his apartment (without proper court order) that would be a criminal law violation which the officer could enforce - ANS Civil Law A store owner failed to alert customers to a hazardous situation, such as wet floor, resulting in an injured customer. The store owner's failure to act could lead to a civil action. - ANS Tort by omission The defendant shot at an unintended victim with intent to kill him, but instead hit and killed a bystander - ANS Transferred intent A father left his sleeping 18 month old daughter strapped in her car seat inside the closed car even though he knew the temperature that afternoon was expected to exceed 90 degrees. Daughter was unintended for a number of hours. The daughter died from excessive heat buildup inside the vehicle. - ANS Criminal negligence A woman told a drug dealer that she wanted to purchase heroin from him. Although she did not realize it, the dealer sold the woman talcum powder - ANS Attempt to commit a crime A man enters a bank and gives the teller a demand note. The teller pretends to faint and the man runs from the bank. What is this an example of? - ANS Attempted to commit robbery. If a person attempts to set fire to his former girlfriends house, what will he be charged with? - ANS PC 455, attempt arson, punishable by imprisonment in state prison What do Penal code sections 664 and 459 represent? - ANS Attempted burglary What does Penal code section 664 represent? - ANS Attempts; punishment What two elements does an attempt to commit a crime consist of? - ANS An intent to commit that crime & a direct, but ineffectual, act done towards its commission. What do all crimes require? - ANS A criminal intent. What are the three classes of crime? - ANS Felony, misdemeanor, infraction What are principlals? PC Sec 31 - ANS All persons involved in the commission of a felony or misdemeanor. At Brian's request, Julia obtained a motel room for use by Brian and an underage girl, knowing that Brian planned to have sexual intercourse with the girl. Julia took Brian and the girl to the room and returned to awake them at the prearranged time. - ANS Principal. Even though Julia did not commit the offense herself, she aided and abbeted Brian. What is an accessory to a crime? - ANS Anyone who: - Has knowledge of the crime - Harbors, conceals, or aids a principle in the felony - Has the intention of assisting principal to avoid or escape arrest. What is an accomplice? - ANS When he or she testifies for the prosecution against another principal. Two men were arrested for a drive by shooting. One volunteers to provide testimony against the shooter. His testimony was corrobated by the shooter's fingerprints found on the gun. - ANS Accomplice. Who is legally unable to commit a crime? - ANS - Children under 14 - Mentally incapacitated - Persons under ignorance, misfortune, under threat. What is reasonable suspicion? - ANS When an officer has sufficient facts and information to make reasonable suspect of criminal activity. What is probable cause? - ANS when totality of circumstances of case would cause a strong suspicion. What is the fourth amendment? - ANS Search and seizure. Free from unreasonable searches. What is the fifth amendment? - ANS Right to remain silent, due process, miranda rights, double jeopardy What is the sixth amendment? - ANS Right to a speedy and public trial What is the Fourteenth Amendment? - ANS Rights of Citizens What is U.S code, Title 18, section 241 - ANS Conspiracy against rights of citizens What is U.S code, Title 18, Section 242 - ANS Deprivation of rights under color of law A highway patrol officer arrived at the scene of an accident to assist another officer. The second officer interviewed the witnesses and took their statements. - ANS Consensual encounters - The vehicle was means to use in the crime What is a vehicle inventory? - ANS Not a search for evidence or contraband. It is for a vehicle that is being impounded or stored. An officer impounded a vehicle because the driver had no valid drivers license. While waiting for the tow truck the officer conducted an inventory and discovered illegal narcotics in the glove compartment. Can the officer seize the narcotics as evidence? - ANS Yes. He can lawfully seize the narcotics as evidence. What does vehicle code section 23612 state? - ANS States all persons have given implied consent if they drive a vehicle for chemical testing. What is stable evidence? - ANS Evidence that will not change over time What is evanescent evidence? - ANS Evidence that will change or be lost over time What is objectively reasonable force? - ANS - To effect an arrest - To prevent escape - To overcome resistance What does PC section 835 state? - ANS An arrest is made by an actual restraint of a person What does PC 835 (d) state? - ANS A peace officer who makes resistance shall not be deemed as an aggressor. What is Graham v Connor (1989)? - ANS Established officers use of force under fourth amendment. A peace officer got out of the patrol car to man loitering on a street corner. The subject, using only his fists, attacked the officer. Can the author use deadly force as self defense? - ANS Yes. Can officers use deadly force to an armed male in a crime? - ANS Only if they have knowledge that the firearm was used for the crime. What does PC 196 state? - ANS "Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either: in obedience to any judgement of a competent court, when necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty, or when necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with a felony, and who are fleeing from justice or resisting such arrest." What is homicide? - ANS Lawful or unlawful killing of a human being by another human being. When is homicide justifiable by a peace officer? - ANS - Ordered by a court to carry out death sentence - Acting in the course of duty - Retaking escaping felons - Arresting a felony who resists to the point where deadly force is reasonable. What are precursory acts? - ANS Events that led up to the encounter with the subject, including how the officer arrived at the scene as well as what observations helped the officer assess the situation.