- | Page
CA REAL ESTATE PRINC IPLES TEST
ACEABLE AGENT QUESTI ON AND
ANSWER ALREADY PASSE D
Question : Grading
Correct answer: The grading of the offense dictates whether a
physical arrest can be made on scene, the actor is released and summoned, or an arrest warrant must be filed for prior to arrest
Question : Actor
Correct answer: Includes, where relevant, a person guilty of an
omission
Question : Elements of an offense
Correct answer: such conduct or such attendant circumstances
or such a result of conduct as:
1-is included in the description of the forbidden conduct in the definition of the offense.2-establishes the required kind of culpability 3-negatives an excuse or justification for such conduct 4-negatives a defense under the statute of limitation, or 5-Establishes jurisdiction or venue
- | Page
Question : 4 Kinds of Culpability
Correct answer: Intentionally, Knowingly, Recklessly, and
Negligently
Question : Tolling
Correct answer: a legal doctrine that allows for the pausing or
delaying of the running of the period of time set forth by a statute of limitations
Question : on view arrest
Correct answer: Any felony, or any misdemeanors in view of
officer, based on grading or exception to laws of arrest when authorized by law
Question : Class+Grading
Correct answer: The CLASS+GRADING of the offense
determines the required route of prosecution. Class of Offense and Grading of Offense are very important
Question : Summary Offense
- | Page
Correct answer: Not classified as a crime, but as an offense.
Imprisoned no more than 90 days, no more than $300 fine.
Question : General Rule
Correct answer: A person is not guilty of an offense unless his
liability is based on CONDUCT which includes a VOLUNTARY ACT or the OMISSION to perform an act of which he is physically capable.
Question : General Requirements of Culpability
Correct answer: An actor will only be guilty of a crime, if, as
specifically required by that law, he commits an act:
1-Intentionally 2-Knowingly 3-Recklessly 4-Negligently
Question : M'Naghten's Rule
Correct answer: rule that determines whether a suspect's plea
for criminally insane is accepted or not. A test for criminal insanity.
- | Page
Question : Deadly Force
Correct answer: Capable of causing death/serious bodily injury
Question : 505 b(2) Use of Deadly Force/Chapter 5 When is a
private citizen allowed to use deadly force?
Correct answer: "The use of deadly force is not justifiable
under this section UNLESS the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping, or sexual intercourse compelled by force or threat" CANNOT use force is you are the primary aggressor and you have NO right to resist arrest ever even if you believe it to be unlawful
Question : 508 Use of Force In Law Enforcement
Correct answer: this section allows you to do what you do as
an officer Defense+Control, controlling an actor for arrest.Deadly force justified if preventing death or serious bodily injury to himself or such other person.Required to use deadly force-threat of serious bodily injury or death and the person has attempted or committed a forcible felony.