CABGS 2025 BAR Exam Study Guide

Felony

Serious crimes (e.g., murder, rape, robbery); punishable by 1+ years in State Prison. Prosecuted via indictment or information.

Misdemeanor

Less severe (e.g., petty theft, simple assault); punishable by <1 year in County Jail.

Infraction

Minor violations (e.g., traffic tickets); punished by fine or public service. No jail time or jury trial.

Defendant's Constitutional Rights

Speedy and public trial (by court or jury). Right to an attorney. Right to confront witnesses and bring own witnesses. Right to remain silent (self-incrimination protection).

Habeas Corpus

Legal petition to challenge unlawful imprisonment. Filed with a court, requires the official to explain the detention.

Bail

Defendant's release based on payment; must consider ability to pay.

Own Recognizance

Released with promise to appear.

Cash Deposit

Full amount, refundable.

Alternatives to Bail

GPS monitor, check-ins.

In re Humphrey

Bail cannot be set without considering ability to pay.

Burden of Proof in Criminal Trials

Guilt must be proven beyond a reasonable doubt.

Burden of Proof in Civil Trials

Plaintiff must prove case by a preponderance of evidence (more convincing than the defense).

Jury Trials - Criminal

Requires unanimous verdict by 12 jurors (6 at B&G State).

Jury Trials - Civil

Requires 3/4 majority.

Hung Jury

No consensus = mistrial.

Trial Procedure - Arraignment

Charges read; plea entered.

Trial Procedure - Voir Dire

Jurors questioned for bias; both sides can challenge.

Trial Procedure - Opening Statements

Prosecution then defense.

Trial Procedure - Presentation of Evidence

Direct, Cross, and Redirect examination. Witnesses sworn in.

Trial Procedure - Closing Arguments

Prosecution, Defense, then Prosecution rebuttal.

Trial Procedure - Jury Instructions

Judge explains the law.

Trial Procedure - Verdict

Jury deliberates and returns decision.

California Statehood

California became a state in 1850 (Treaty of Guadalupe Hidalgo, 1848).

California First Capitals

First capitals: San Jose, Vallejo, Benicia, then Sacramento (permanent since 1879).

California Constitution Amendments

By Legislature (2/3 vote, then voter approval). By People via initiative.

California Government Structure - Executive Branch

Governor: Chief executive, signs/vetoes laws. Lt. Governor, Attorney General, Secretary of State, Treasurer, Controller, Insurance Commissioner, etc.

California Government Structure - Legislative Branch

Senate: 40 members (4-year terms). Assembly: 80 members (2-year terms). Responsibilities: Pass laws, budget, taxes.

California Government Structure - Judicial Branch

Supreme Court, Courts of Appeal, Superior Courts. Judicial Council manages courts statewide.

City Government Types

Chartered Cities: Operate under local constitution. General Law Cities: Follow state law.

City Elections

Held for council, mayor, treasurer, clerk. Initiative: Citizens propose ordinances. Referendum: Citizens challenge council-passed laws. Recall: Remove elected officials.

County Government

Board of Supervisors: Main legislative body.

Special Districts & Agencies

Include school, fire, water, hospital districts. Independent powers to provide services. Help coordinate between counties/cities.

supreme law of the land

The U.S. Constitution

three branches of government

Legislative, Executive, and Judicial

Legislative

Makes laws (Congress)

Executive

Enforces laws (President and state governors)

Judicial

Interprets laws (Supreme Court and lower courts)

plebiscite

A direct vote by the people, not part of the constitutional amendment process

amendments to the U.S. Constitution

27 amendments

present California Constitution

Adopted in 1879

amendments to the California Constitution

Over 500 amendments

ex post facto law

A law that makes an act illegal after it was committed

Attorney General

The chief legal officer of the state who represents it in civil and criminal cases

civil suit

Involves disputes between individuals or organizations (e.g., contracts, divorce, lawsuits)

criminal suit

Involves the government prosecuting someone for violating a law (e.g., theft, assault)

Grand Jury

Determines if there is enough evidence to charge someone with a crime

Coroner's Jury

Determines the cause of death in suspicious or unexplained deaths

jury's role in a trial

Decides points of fact

Acquittal

A legal judgment that a person is not guilty of a crime

Judgment

The official decision or sentence by a court in a case

Subpoena

A legal order requiring a person to appear in court or produce documents

Warrant

A court order authorizing police to make an arrest, search, or seizure

Recognizance

A promise made by an accused to appear in court, often without bail

Recidivist

A person who repeatedly commits crimes (a repeat offender)

indictment

A formal charge or accusation of a serious crime, usually issued by a grand jury