Question 1

Two men argued over the final results of the football game. The first man didn’t think his friend knew what he was talking about and spit at him; the spittle landed on his friends shirt. What crime, if any, occurred?

Accepted Answer

Battery because he made contact even though he caused no harm. -Misdemeanor

Question 2

Battery 242 PC (Misdemeanor)

Battery causing/inflicting serious bodily injury 243(d) (FELONY)

Accepted Answer

Any willful and unlawful use of force or violence upon the person of another. 
Crime elements 
-Willful and unlawful
-use of force or violence
-on the person of another

242(d) = concussion, loss of consciousness, bone fracture, protracted loss or impairm

Question 3

A woman walked into the local bar and saw her boyfriend with another woman. She went to the table And hit him on the head. He fell off his barstool, struck his head on the floor and was knocked unconscious. What crime , if any, occurrd?

Accepted Answer

Battery causing/inflicting serious bodily injury - Felony

Question 4

Two men were arguing during a baseball game. One man picked up a baseball bat and swung at the other man. The second man ducked to avoid being hit on the head. The first man only committed assault because he did not actually hit the second man. True or fa

Accepted Answer

False - Assault with a deadly weapon because he attempted to cause harm by using the bat as a weapon. (GBI only needs to be likely)

Question 5

Assault 240PC (Misdemeanor)
Punishable by up to 6 months in jail and up to $1,000, penalties can double if the vicim was an on-duty officer.

Accepted Answer

The unlawful attempt -along with the present ability - to cause a violent injury to another person. 
Crime elements :
1. Defendant did an act that that by its nature would directly probably result in the applicat of force to a person;
2. The defendant did

Question 6

Assault with a Deadly Weapon or by Means of Force
245 PC (FELONY)

Accepted Answer

An attempt upon the person of another with a deadly weapon or instrument or by any means of force likely to produce great bodily injury.
Crime Elements
-Unlawful attempt, and 
-the present ability
- to commit a violent injury
- upon the person of another

Question 7

During a bar fight, a man stabbed another man in the arm with a knife. The first man has committed the crime of assault with a deadly weapon. True or false?

Accepted Answer

True

Question 8

A young man walking in a gang area is confronted by four other young men. The four shoved him to the ground and kicked him until he was unconscious. 
The officer arrested the four men for assault with a deadly weapon. Did the officer act appropriately?

Accepted Answer

Yes - The four committed assault with force likely to produce great bodily injury.

Question 9

A paraplegic adult required home care. The caretaker arrived every morning to dress the paraplegic and clean the apartment. The caretaker saw a wad of money in the dresser drawer. One day, after completing the daily tasks, he took the cash and left the ap

Accepted Answer

Dependent Adult Abuse - He stole the money. The amount of money will determine if the crime is a FELONY or Misdemeanor. Felony if above $950 Misdemeanor if below $950

Question 10

Elder or Dependant Adult Abuse 368 PC
(Wobbler)

Accepted Answer

Infliction of unjustifiable physical pain or mental suffering upon an elder or dependent adult or theft or embezzlement from an elder or dependent adult. 
Crime Elements
-Any person who willfully caused an elder or dependent adult to suffer or inflicts un

Question 11

As a 67 year old woman became more senile, she became more demanding. One day she demanded repeatedly to have her hair brushed. Her daughter brushed it again and again and became increasingly frustrated. Finally, the daughter got so frustrated, after the

Accepted Answer

False she committed elder abuse. 368 PC
Because she caused her mother physical pain.

Question 12

A hitchhiker was picked up by a passing driver. As he entered the car, the hitchhiker asked the driver to drop him off at a specific location. The driver agreed initially, but later drove past the specified location in spite of the hitchhikers protests. T

Accepted Answer

Kidnapping 207 PC (Felony) 
Because the hitchhiker’s consent was withdrawn when he wanted to get out, but the driver refused.

Question 13

Kidnapping 207 PC (Felony)

Accepted Answer

Moving another person a substantial distance without the persons consent by means of force or fear.
Crime elements 
- unlawful taking of a person
- against his or her will
- by force or fear
- from one place to another

Question 14

A man wanted to date a coworker. One day in the company parking lot, he saw her next to Her car which had a flat tire. The man offered to give her a ride to the gas station. When she refused he grabbed her, shoved her into the car, lock the doors, and dro

Accepted Answer

False he committed kidnapping because he took her abainst her will and moved her to a didferent location by fear or force.

Question 15

During a break in courtroom proceedings, two attorneys entered an empty elevator. Without warning, the defense attorney push the emergency button and began to harass the prosecuting attorney about a suspected ethics violation. When the prosecutor demanded

Accepted Answer

Yes, false imprisonment. Maybe a felony if violence, menace, fraud, or deceit was used.

Question 16

False Imprisonment 236 PC 237 PC
(Misdemeanor) unless accomplished by means of violence, menace, fraud, or deceit than it is a (Felony)

Accepted Answer

The unlaw violation of the personal liberty of another. 
Crime elemtns
- unlawful violation
-of the personal liberty
-of another

Question 17

A man, lured his ex-girlfriend into his car and then locked the doors to keep her from leaving. He would not unlock the doors until she promised to meet him for a date that weekend. The man committed false imprisonment, felony. True or false?

Accepted Answer

True, deceit

Question 18

A boy lived with his father who had legal custody, but the boy still wanted to see his mother, the man’s ex-wife. The boys father decided to allow the boy to visit with his mother and took him to his mother‘s apartment. When he came to pick the boy up, th

Accepted Answer

Child abduction without custodial right (Felony)
Because she prevented the child from returning to his father, the custodial parent.

Question 19

Child abduction without custodial right (Felony) 
278 PC

Accepted Answer

Occurs when a person, not having a right of custody, restrains or withholds the child from the person having lawful custody.
Crime elements
- every person
-not having the right of custody, who
-maliciously takes, entices away, keeps, withholds, or conceal

Question 20

Martinez and his wife, in the process of a divorce, obtained a temporary custodial degree. The decree granted them joint custody of their six month old daughter. Martinez was to have the daughter on weekends. Martinez decided to go on an extended weekend

Accepted Answer

False He committed child abduction with custodial rights (Felony)

Question 21

Child abduction with custodial right 278.5 PC
(Felony)

Accepted Answer

Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprived a lawful custodian of a right to custody, or a person of a right to a visitation. 
Crime elements
-Every person who entices away, keeps, withholds, or con

Question 22

A woman cashed a check at a liquor store for $100. As she walked away, and man approached her and demanded her handbag. She refused and clutch the handbag tightly in her arms. The man grabbed the handbag, but the woman wouldn’t let go. the man pulled the

Accepted Answer

Force

Question 23

A night watchman was sitting at his desk, when a group of mask men entered the room and tied him to his chair. They then went down the hall and stole several pieces of computer equipment that were under his protection. Did the men commit robbery or burgla

Accepted Answer

Robbery - Felony 
Even though the property was not taken directly from the watchman’s person, it was taken in the watchman’s immediate presence.

Question 24

Robbery 211 PC (FELONY)

Accepted Answer

The felonious  taking of personal property in the possession of another. This requires the taking of property from a person or from his or her immediate presence, and against the person’s will, by means of force or fear. 
Crime elements 
-Taking of person

Question 25

Burglary 459 PC (FELONY)

Accepted Answer

Entering any designated building or structure pursuant to PC section 459 with the intent to commit theft or any felony. 
Crime elements 
-the entry to a building or specified structure 
-with the intent to commit
-theft or any felony.

Question 26

A woman was sitting in her car at a red light. The drivers side door was opened and a man pulled her from the car and drove off. What crime was committed?

Accepted Answer

Carjacking 215 PC - Felony

Question 27

Carjacking 215 PC (FELONY) The felonious taking of a motor vehicle in the possession of another, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possessio

Accepted Answer

Crime elements 
-taking of a motor vehicle
-from the person or immediate presence
-of a possessor or passenger
-by means of force or fear
-with the intent to either, permanently or temporarily deprive the possessor or passenger

Question 28

A woman discovered that her husband was having an affair with her best friend. She purchased a handgun and returned after a two week waiting. Period to pick up the gun. She then drove to her friends house and waited for her to come home from work. When th

Accepted Answer

Yes because It was premeditated and she waited for her to come home.

Question 29

Murder 187 PC (Felony)

Accepted Answer

The unlawful killing of a human being, or a fetus, with malice aforethought. 
Crime elements
 -Unlawful killing of a human being or fetus
-with malice aforethought.

Question 30

First degree murder 189 PC (Felony)

Accepted Answer

-Premeditated 
-explosives (metal or armor piercing ammo) WMD
-Torture
-poison
-lying in wait

Question 31

Felony murder rule  189 PC

Accepted Answer

Occurs when any killing happens during the commission of certain felonies
-Arson -robbery -burglary - mayhem -train wrecking
-rape -carjacking -kidnapping -drive by shooting

Question 32

Hey teenage boy, Armed with a gun, was meeting a man in the park To buy some crack. When he arrived, the seller said be didnt have the crack, but he would have it the next day. The boy was so outraged he shot the man, killing him. This is an example of a

Accepted Answer

True manslaughter because the boy was outraged and didn’t have aforethought or malice.

Question 33

(Voluntary) Manslaughter 192 PC (Felony)

Accepted Answer

The unlawful killing of a human being without malice aforethought. 
Crime elements 
-The unlawful killing of a human being without malice.
-Upon a sudden quarrel or heat of passion.

Question 34

Involuntary Manslaughter 192(b) (Felony)

Accepted Answer

Crime elements 
-in the commission of an unlawful act not amounting to a felony or
-in the commission of a lawful act which might produce death in a unlawful manner or
-without caution and circumspection

Question 35

Vehicular Manslaughter 192(c)(1)

Accepted Answer

Crime elements 
-The intoxication or condition of the driver, 
-the level of negligence displayed by the driver.
191.5(a)-Gross negligence while intoxicated (Felony)
192(c)(1)-gross negligence while not intoxicated (F)
192(c)(3)-ordinary negligence while

Question 36

Leaving the house a few minutes late, a woman began driving to work. She was driving approximately 75 mph in a school zone when suddenly the car in front stopped for a school bus. The woman could not stop and plowed into the car. The car was forced into t

Accepted Answer

Gross vehicle manslaughter (FELONY)

Question 37

An eighteen year old male was driving 30 miles per hour in a 25 zone. His speed prevented him From stopping When a young child ran into the street without looking. Thr child was killed. Did he commit a crime? Misdemeanor or Felony? Why?

Accepted Answer

Vehicular manslaughter misdemeanor. He had ordinary negligence, because his speeding did not constitute a felony and Was not excessive enough to show willful and wanton disregard for saftey.

Question	Answer
Two men argued over the final results of the football game. The first man didn’t think his friend knew what he was talking about and spit at him; the spittle landed on his friends shirt. What crime, if any, occurred?	Battery because he made contact even though he caused no harm. -Misdemeanor
Battery 242 PC (Misdemeanor) Battery causing/inflicting serious bodily injury 243(d) (FELONY)	Any willful and unlawful use of force or violence upon the person of another. Crime elements -Willful and unlawful -use of force or violence -on the person of another 242(d) = concussion, loss of consciousness, bone fracture, protracted loss or impairm
A woman walked into the local bar and saw her boyfriend with another woman. She went to the table And hit him on the head. He fell off his barstool, struck his head on the floor and was knocked unconscious. What crime , if any, occurrd?	Battery causing/inflicting serious bodily injury - Felony
Two men were arguing during a baseball game. One man picked up a baseball bat and swung at the other man. The second man ducked to avoid being hit on the head. The first man only committed assault because he did not actually hit the second man. True or fa	False - Assault with a deadly weapon because he attempted to cause harm by using the bat as a weapon. (GBI only needs to be likely)
Assault 240PC (Misdemeanor) Punishable by up to 6 months in jail and up to $1,000, penalties can double if the vicim was an on-duty officer.	The unlawful attempt -along with the present ability - to cause a violent injury to another person. Crime elements : 1. Defendant did an act that that by its nature would directly probably result in the applicat of force to a person; 2. The defendant did
Assault with a Deadly Weapon or by Means of Force 245 PC (FELONY)	An attempt upon the person of another with a deadly weapon or instrument or by any means of force likely to produce great bodily injury. Crime Elements -Unlawful attempt, and -the present ability - to commit a violent injury - upon the person of another
During a bar fight, a man stabbed another man in the arm with a knife. The first man has committed the crime of assault with a deadly weapon. True or false?	True
A young man walking in a gang area is confronted by four other young men. The four shoved him to the ground and kicked him until he was unconscious. The officer arrested the four men for assault with a deadly weapon. Did the officer act appropriately?	Yes - The four committed assault with force likely to produce great bodily injury.
A paraplegic adult required home care. The caretaker arrived every morning to dress the paraplegic and clean the apartment. The caretaker saw a wad of money in the dresser drawer. One day, after completing the daily tasks, he took the cash and left the ap	Dependent Adult Abuse - He stole the money. The amount of money will determine if the crime is a FELONY or Misdemeanor. Felony if above $950 Misdemeanor if below $950
Elder or Dependant Adult Abuse 368 PC (Wobbler)	Infliction of unjustifiable physical pain or mental suffering upon an elder or dependent adult or theft or embezzlement from an elder or dependent adult. Crime Elements -Any person who willfully caused an elder or dependent adult to suffer or inflicts un
As a 67 year old woman became more senile, she became more demanding. One day she demanded repeatedly to have her hair brushed. Her daughter brushed it again and again and became increasingly frustrated. Finally, the daughter got so frustrated, after the	False she committed elder abuse. 368 PC Because she caused her mother physical pain.
A hitchhiker was picked up by a passing driver. As he entered the car, the hitchhiker asked the driver to drop him off at a specific location. The driver agreed initially, but later drove past the specified location in spite of the hitchhikers protests. T	Kidnapping 207 PC (Felony) Because the hitchhiker’s consent was withdrawn when he wanted to get out, but the driver refused.
Kidnapping 207 PC (Felony)	Moving another person a substantial distance without the persons consent by means of force or fear. Crime elements - unlawful taking of a person - against his or her will - by force or fear - from one place to another
A man wanted to date a coworker. One day in the company parking lot, he saw her next to Her car which had a flat tire. The man offered to give her a ride to the gas station. When she refused he grabbed her, shoved her into the car, lock the doors, and dro	False he committed kidnapping because he took her abainst her will and moved her to a didferent location by fear or force.
During a break in courtroom proceedings, two attorneys entered an empty elevator. Without warning, the defense attorney push the emergency button and began to harass the prosecuting attorney about a suspected ethics violation. When the prosecutor demanded	Yes, false imprisonment. Maybe a felony if violence, menace, fraud, or deceit was used.
False Imprisonment 236 PC 237 PC (Misdemeanor) unless accomplished by means of violence, menace, fraud, or deceit than it is a (Felony)	The unlaw violation of the personal liberty of another. Crime elemtns - unlawful violation -of the personal liberty -of another
A man, lured his ex-girlfriend into his car and then locked the doors to keep her from leaving. He would not unlock the doors until she promised to meet him for a date that weekend. The man committed false imprisonment, felony. True or false?	True, deceit
A boy lived with his father who had legal custody, but the boy still wanted to see his mother, the man’s ex-wife. The boys father decided to allow the boy to visit with his mother and took him to his mother‘s apartment. When he came to pick the boy up, th	Child abduction without custodial right (Felony) Because she prevented the child from returning to his father, the custodial parent.
Child abduction without custodial right (Felony) 278 PC	Occurs when a person, not having a right of custody, restrains or withholds the child from the person having lawful custody. Crime elements - every person -not having the right of custody, who -maliciously takes, entices away, keeps, withholds, or conceal
Martinez and his wife, in the process of a divorce, obtained a temporary custodial degree. The decree granted them joint custody of their six month old daughter. Martinez was to have the daughter on weekends. Martinez decided to go on an extended weekend	False He committed child abduction with custodial rights (Felony)
Child abduction with custodial right 278.5 PC (Felony)	Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprived a lawful custodian of a right to custody, or a person of a right to a visitation. Crime elements -Every person who entices away, keeps, withholds, or con
A woman cashed a check at a liquor store for $100. As she walked away, and man approached her and demanded her handbag. She refused and clutch the handbag tightly in her arms. The man grabbed the handbag, but the woman wouldn’t let go. the man pulled the	Force
A night watchman was sitting at his desk, when a group of mask men entered the room and tied him to his chair. They then went down the hall and stole several pieces of computer equipment that were under his protection. Did the men commit robbery or burgla	Robbery - Felony Even though the property was not taken directly from the watchman’s person, it was taken in the watchman’s immediate presence.
Robbery 211 PC (FELONY)	The felonious taking of personal property in the possession of another. This requires the taking of property from a person or from his or her immediate presence, and against the person’s will, by means of force or fear. Crime elements -Taking of person
Burglary 459 PC (FELONY)	Entering any designated building or structure pursuant to PC section 459 with the intent to commit theft or any felony. Crime elements -the entry to a building or specified structure -with the intent to commit -theft or any felony.
A woman was sitting in her car at a red light. The drivers side door was opened and a man pulled her from the car and drove off. What crime was committed?	Carjacking 215 PC - Felony
Carjacking 215 PC (FELONY) The felonious taking of a motor vehicle in the possession of another, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possessio	Crime elements -taking of a motor vehicle -from the person or immediate presence -of a possessor or passenger -by means of force or fear -with the intent to either, permanently or temporarily deprive the possessor or passenger
A woman discovered that her husband was having an affair with her best friend. She purchased a handgun and returned after a two week waiting. Period to pick up the gun. She then drove to her friends house and waited for her to come home from work. When th	Yes because It was premeditated and she waited for her to come home.
Murder 187 PC (Felony)	The unlawful killing of a human being, or a fetus, with malice aforethought. Crime elements -Unlawful killing of a human being or fetus -with malice aforethought.
First degree murder 189 PC (Felony)	-Premeditated -explosives (metal or armor piercing ammo) WMD -Torture -poison -lying in wait
Felony murder rule 189 PC	Occurs when any killing happens during the commission of certain felonies -Arson -robbery -burglary - mayhem -train wrecking -rape -carjacking -kidnapping -drive by shooting
Hey teenage boy, Armed with a gun, was meeting a man in the park To buy some crack. When he arrived, the seller said be didnt have the crack, but he would have it the next day. The boy was so outraged he shot the man, killing him. This is an example of a	True manslaughter because the boy was outraged and didn’t have aforethought or malice.
(Voluntary) Manslaughter 192 PC (Felony)	The unlawful killing of a human being without malice aforethought. Crime elements -The unlawful killing of a human being without malice. -Upon a sudden quarrel or heat of passion.
Involuntary Manslaughter 192(b) (Felony)	Crime elements -in the commission of an unlawful act not amounting to a felony or -in the commission of a lawful act which might produce death in a unlawful manner or -without caution and circumspection
Vehicular Manslaughter 192(c)(1)	Crime elements -The intoxication or condition of the driver, -the level of negligence displayed by the driver. 191.5(a)-Gross negligence while intoxicated (Felony) 192(c)(1)-gross negligence while not intoxicated (F) 192(c)(3)-ordinary negligence while
Leaving the house a few minutes late, a woman began driving to work. She was driving approximately 75 mph in a school zone when suddenly the car in front stopped for a school bus. The woman could not stop and plowed into the car. The car was forced into t	Gross vehicle manslaughter (FELONY)
An eighteen year old male was driving 30 miles per hour in a 25 zone. His speed prevented him From stopping When a young child ran into the street without looking. Thr child was killed. Did he commit a crime? Misdemeanor or Felony? Why?	Vehicular manslaughter misdemeanor. He had ordinary negligence, because his speeding did not constitute a felony and Was not excessive enough to show willful and wanton disregard for saftey.

"Know" box contains:
Time elapsed:
Retries:

RBC 2 test