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MADJU-203 Final Exam With Complete Solutions 100% Verified
The "venue" is the Court's legal authority over the defendant and of the crime. True/False - ANSWER False: It has to do with the physical or geographical location of the court in which case is to be filed or tried.
Substantive law deals with the methods for enforcing laws. True/False - ANSWER True: That part of the law which the courts are established to enforce. Laws defining crime and their punishments.
The Attorney General's opinions have the same authority as that of the courts. True/False - ANSWER False: They do not have the same authority as do opinions of the court. They must give their written opinion, when requested, to the: State Senate Assembly, Governor, Secretary of State, Controller, Treasure, State Lands Commission, etc.
In the case People v. Smith, the "People" is the plaintiff and "Smith" is the defendant. True/False - ANSWER True: The defendant is the person being accused of the crime. The plaintiff is the part that initiates the lawsuit (against the defendant.
The U.S. Constitution regularly allows ex post facto laws. True/False - ANSWER False: It expressly prohibits Congress or any state from passing this law.
If two laws punish exactly the same act or omission, and they are in conflict, the last law passed takes control. True/False - ANSWER True: When two state laws punish exactly the same act or omission as crimes, and they are obviously in conflict, the last one passed into law will take control.
The defendant is never entitled to the benefit of every reasonable doubt; he is always guilty until proven innocent. True/False - ANSWER False: The defendant is entitled to the benefit of every reasonable doubt, just as he is as to questions of facts involved.
California law is based on the "letter" of the law as opposed to the "spirit" of the law. True/False - ANSWER False: "The rule of common law, the penal states are to be strictly constructed, has no application to this Code. All its provisions are to be constructed, according to a fair import or their terms with a view to effect its objects and to promote justice." Common law is bound to the "letter" of the law, California's legal system is more directed toward the "spirit" of the law as stated in CPC Section 4.
A defendant has the ability to get both a preliminary hearing and a Grand Jury Hearing. True/False - ANSWER False
An infraction cannot be punished by imprisonment. True/False - ANSWER True: It is punishable by a fine not exceeding $
The corpus delicti of a crime can be based solely on the confession or admission of the defendant.
Juveniles have no right to bail. True/False - ANSWER True
Ignorance of the law is an acceptable defense to criminal prosecution. True/False - ANSWER False: A penalty may be avoided if upon proof
It is possible for a person to be involuntarily intoxicated. True/False - ANSWER True
An accessory must be prosecuted in the same county as the principal. True/False - ANSWER False
Taking a wanted felon into a restaurant for food is not harboring. True/False - ANSWER False
Aiding and abetting only applies to Felony crimes. True/False - ANSWER False
A person encouraging a child under 14 to commit a crime is guilty of that crime. True/False - ANSWER True
To be charged with charged as an accomplice, there must be independent evidence connecting the defendant with the commission of the offense. True/False - ANSWER True
Corroboration of an accomplice's statement is not required in juvenile court hearings. True/False - ANSWER True
A person can be an accomplice to an infraction. True/False - ANSWER True
Trying to get someone else to commit perjury is called subornation of perjury. True/False - ANSWER True
California has a general solicitation law. True/False - ANSWER False
The sentence for attempted crimes in California is half of what the sentence would be for the actual crime. True/False - ANSWER True
A bribe is complete when the offer is made and the person agrees to receive the bribe. True/False - ANSWER False: The offense is offering a bribe is complete once it is evident that the officer is being bribed.
It is a misdemeanor to give a false identity, upon lawful detention or arrest, to evade proper ID or process the court. True/False - ANSWER True
When deciding admissibility of evidence claimed to be the fruit of an unlawful search or seizure, California Courts must follow US Supreme Court decisions applying the Fourth Amendment. True/False - ANSWER True:
True/False - ANSWER False
A riot requires two or more people. True/False - ANSWER True
Making terrorist or bomb jokes at an airport is one example of illegal speech. True/False - ANSWER True: "...those words which by their very utterance inflict injury or tend to incite an immediate breach of the peace."
The courts do not recognize the existence of "fighting words" as a basis for disturbing the peace. True/False - ANSWER False: "...those words which by their very utterance inflict injury or tend to incite an immediate breach of the peace."
Mere possession of a switchblade with a blade longer than 2 inches is a felony ( PC). True/False - ANSWER False: Misdemeanor.
The police must prove malicious intent or wrongful use of a instrument (weapon) when considering arresting for a prohibited weapon. True/False - ANSWER False
PC 29800 says certain ex-felons and narcotics addicts can't posses any firearms. True/False - ANSWER True
It is not a crime to posses a dirk or daggers as long as it is not concealed on oneself.
True/False - ANSWER True
The difference between an assault and a battery is the actual touching or contact. True/False - ANSWER True
Spitting on someone is not battery because the person being spat on wasn't physically injured. True/False - ANSWER False: Can constitute offensive contact sufficient for a battery
Children can not be victims of domestic violence. True/False - ANSWER False
The use of thumbscrews in prison is prohibited by law. True/False - ANSWER True
Assault with stun guns is a misdemeanor. True/False - ANSWER False: Felony
Malice can be expressed but never implied. True/False - ANSWER False
Second-degree murder is a murder committed without premeditation. True/False - ANSWER True
The felony murder rule doesn't require malice afterthought.
Premeditation is a necessary element, which must be proven in kidnapping. True/False - ANSWER False
To constitute child molesting, the victim must be the opposite sex of the accused. True/False - ANSWER False
Possessing child pornography is a misdemeanor. True/False - ANSWER False: Felony
Harmful matter, as defined under PC 313, is that which appeals primarily to prurient interest and lacks significant literary, artistic, political, or scientific value for minors. True/False - ANSWER True
If an item is considered "obscene," it is not covered by the First Amendment. True/False - ANSWER True: Obscene matter means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient [lewd] interests, and is matter, which taken as a whole lacks serious literacy, artistic, political, or scientific value.
Sexual exploitation of a person under the age of 18 is a felony. True/False - ANSWER False: Misdemeanor.
Voluntary oral copulation between persons of the opposite sex is not a crime if both are
True/False - ANSWER True
Encouraging a a minor to leave home against the parents wishes constitutes "contributing" under PC 272. True/False - ANSWER True: An adult stranger 21 or older who communicates with a minor under 14 to lure the minor away with intent to avoid parental consent is guilty of an infraction or misdemeanor.
A burglary does not require any "breaking" or the use of force. True/False - ANSWER True: PC 459 CA law requires only entry, whether forced or not, as long as the perpetrator had the requisite intent.
A building for purposes of burglary may be any structure with walls on all sides and a roof. True/False - ANSWER True
Asportation is an essential element of burglary. True/False - ANSWER False
Entering the locked trunk of an unlocked vehicle is burglary. True/False - ANSWER False: If the closed trunk of an unlocked vehicle is opened by pulling a latch on the passenger compartment, no burglary occurs.
One may commit burglary by entering a building for the purpose of committing rape. True/False - ANSWER True: With specific intent to commit (a) grand or petty theft or (b) a felony
The element of asportation is essential for the crime of robbery to be complete.
LSD and PCP are both psychedelics. True/False - ANSWER True
Heroine, cocaine, and peyote cannot be legally prescribed. True/False - ANSWER True
Most narcotics laws are found in the Welfare and Institutions Code. True/False - ANSWER False: Health and Safety
Possession of no more than 28.5 grams of marijuana lawful for those 21 and older. True/False - ANSWER True
It is unlawful for a person with a blood alcohol content (BAC) of .04 percent or more to drive a commercial vehicle. True/False - ANSWER True
Specific intent to defraud is an essential element of forgery. True/False - ANSWER True
One is guilty of unlawfully causing a fire if one accidentally but with gross negligence sets fire to another person's home. True/False - ANSWER True
If one willfully damages jail property, the crime is a felony or misdemeanor depending on the charge for which one is serving time. True/False - ANSWER False:
"Every person who willfully and intentionally breaks down, pulls down or otherwise destroys or injures any jail or prison, is [guilty of a felony wobbler], except that where the damage or injury to any city, city, and county or county jail property is determined to be $950 or less, such person is guilty of a misdemeanor."
Aggravated arson can include damage that exceeds 5 million dollars and destroys five or more homes. True/False - ANSWER True
Arsonist must also register with the police upon conviction for life, as do sex offenders and drug addicts. True/False - ANSWER True
"Uttering" is passing forged, fraudulent, or false documents, including counterfeit money or forged checks. True/False - ANSWER True
