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Law Test 1 Flashcards

1
Q

In class, it was taught that the meaning of “jurisdiction” can be simply defined by using the words “the _______________.”
a. Dominion
b. Power
c. Ability
d. Right

A

b. Power

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2
Q

The level of evidence needed for a peace officer to charge someone with a criminal offense is _______________.
a. Sufficient evidence
b. Beyond a reasonable doubt
c. Probable Cause
d. Reasonably believe

A

c. Probable Cause

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3
Q

The Commonwealth of Kentucky officially charges a person with a criminal offense using a _______________.
a. Subpoena
b. Warrant
c. Verdict
d. Charging document

A

d. Charging document

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4
Q

If a court has Original Jurisdiction then it is ________.
a. Where a trial is held
b. Where the appeal process originates
c. The lowest level of court in a jurisdiction and all cases must originate there
d. Where all criminal complaints must be filed

A

a. Where a trial is held

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5
Q

In a warrantless arrest, the officer is arresting on the authority of which charging document?
a. Criminal Complaint
b. Summons
c. Indictment
d. None of the Above

A

d. None of the Above

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6
Q

A post-arrest complaint is signed _______________.
a. After being sworn to before a judge
b. By the person who has made the arrest
c. By the intake officer at the jail
d. By the Grand Jury

A

b. By the person who has made the arrest

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7
Q

As taught in class, there are ____________ components in the criminal justice system.
a. 2
b. 4
c. 3
d. 5

A

c. 3

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8
Q

A citation is a written order issued by a judge directing a person to appear in court to answer the offense listed.

True False

A

False

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9
Q

A summons directs who to act?
a. Suspect/defendant
b. Peace Officer
c. Court Officer
d. Prosecutor

A

a. Suspect/defendant

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10
Q

A warrant directs who to act?
a. Suspect/defendant
b. Peace Officer
c. Court Officer
d. Prosecutor

A

b. Peace Officer

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11
Q

Select all that apply. Which of these are Charging Documents and once properly served compel the person to court?
a. Warrant
b. Subpoena
c. Indictment
d. Criminal complaint
e. Summons
f. Citation

A

f. Citation

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12
Q

An officer is required to have the warrant in his/her possession at the time of the arrest.
True False

A

False

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13
Q

When serving a summons an officer is required to deliver a copy of the actual summons to the defendant.

True False

A

False

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14
Q

As discussed in class, a Felony Preliminary hearing _______________.
a. Is the initial court appearance for a subject
b. Is a probable cause hearing
c. Results in an indictment if probably cause is established
d. Decides whether summary judgement is appropriate

A

b. Is a probable cause hearing

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15
Q

The goals of law enforcement in the criminal justice system are to do what?
a. Respond to calls, investigate crime, and apprehend criminals
b. Prevent crimes, investigate crimes, and apprehend criminal offenders
c. Prevent & investigate crimes and identify criminal offenders
d. Prevent crimes, suppress evil in the community

A

b. Prevent crimes, investigate crimes, and apprehend criminal offenders

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16
Q

NCIC is a crime fighting tool operated by _______________.
a. Authorized users
b. Local agencies
c. Local terminals
d. The FBI

A

d. The FBI

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17
Q

In Kentucky the Peace Officer who is constitutionally mandated and whose areas of responsibility are law enforcement, tax collection, and services to the court is _______________.
a. Sheriff
b. Constable
c. Coroner
d. Marshal

A

a. Sheriff

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18
Q

In Kentucky the Peace Officer whose main duty is to determine the cause of death is _______________.
a. A homicide detective
b. The Chief of Police
c. The Constable
d. The Coroner

A

d. The Coroner

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19
Q

Which peace officer is constitutionally mandated but has no specific duties?
a. Marshal
b. Constable
c. Jailer
d. Police Chief

A

b. Constable

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20
Q

As taught in class, in the United States there are two levels of Government, each with their own court system. What are these two court systems called?
a. Local and State
b. District and Circuit
c. Federal and State
d. Trial Courts and Courts of Appeal

A

c. Federal and State

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21
Q

The Kentucky Court that has the highest authority is the _______________.
a. Court of Appeals
b. Supreme Court of Kentucky
c. US Supreme Court
d. Federal Jurisdiction

A

b. Supreme Court of Kentucky

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22
Q

The Kentucky Court that has original jurisdiction for traffic offenses and violations, but no felonies is the ________________.
a. Circuit Court
b. District Court
c. Supreme Court
d. Court of Appeals

A

b. District Court

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23
Q

This office prosecutes primarily in Circuit Court and presents evidence to grand juries.
a. County Attorney
b. Attorney General
c. Commonwealth Attorney
d. Sheriff

A

c. Commonwealth Attorney

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24
Q

Law Enforcement has a duty to ensure that certain rights are afforded to a victim of a crime.
True False

A

True

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25
Q

In class it was taught that a “formal examination of the evidence by a court and the determination of whether the complaining party has proven its case” is the definition of what?
a. Trial
b. Felony preliminary hearing
c. Grand Jury
d. Motion for direct verdict

A

a. Trial

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26
Q

True or False: In regards to the criminal justice system, Federal and State law enforcement have different goals.
True False

A

False

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27
Q

In Kentucky during a criminal trial, the prosecutor represents who?
a. The Victim
b. The Complainant
c. The Commonwealth
d. The Charging officer

A

c. The Commonwealth

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28
Q

In a criminal trial the prosecution carries the “burden” of proving its case _______________.
a. beyond a reasonable doubt
b. with sufficient evidence
c. by establishing probable cause
d. to a majority of the jury

A

a. beyond a reasonable doubt

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29
Q

In a bench trial the jury decides only the penalty if the suspect is convicted.
True False

A

False

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30
Q

In a _______________ trial the verdict must be unanimous and returned by the jury in open court.
a. bench
b. jury
c. civil
d. criminal

A

d. criminal

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31
Q

31) In a criminal trial the _______________ may elect to not call any witnesses.
a. Prosecutor
b. Police
c. Victim
d. Defense

A

d. Defense

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32
Q

During a trial, after a witness provides direct testimony, the opposing side can _______________ the witness.
a. re-direct
b. cross examine
c. examine
d. embellish

A

b. cross examine

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33
Q

In Kentucky a “Class A Felony” can lead to a term of imprisonment for how long?
a. 1-5 years
b. 5-10 years
c. 10-20 years
d. 20 years to life

A

d. 20 years to life

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34
Q

In Kentucky, a “Class D Felony” can lead to a term of imprisonment for how long?
a. 1-5 years
b. 5-10 years
c. 20 years to life
d. 20 years to death

A

a. 1-5 years

35
Q

In Kentucky the maximum length of a sentence for a “Class A misdemeanor” is how long?
a. 90 Days
b. 1 year
c. 20 years to life
d. 12 months

A

d. 12 months

36
Q

As taught in class, during the appeal process, the appellate court _______________ conduct a new trial.
a. will
b. does not
c. may
d. usually won’t

A

b. does not

37
Q

Generally, what is the time limitation to initiate prosecution for a felony offense?
a. No limit
b. 5 years
c. 10 years after the victim turns 18
d. None of the Above

A

a. No limit

38
Q

According to KRS 500.080, how much pain must a victim feel to meet the definition of a physical injury?
a. Life altering
b. Serious
c. Substantial
d. Debilitating

A

c. Substantial

39
Q

Physical Force is defined as force used upon or directed towards the body of another person.
True False

A

True

40
Q

KRS 431.005 states that a police officer may make an arrest for a felony offense when there is a warrant for that offense, when it occurs in the officer’s presence, or _______________.
a. The Grand Jury finds sufficient evidence exists that the suspect committed the crime.
b. The jury has found beyond a reasonable doubt that the suspect is guilty.
c. A criminal complaint establishing probable cause has been issued.
d. Probable cause exists that the suspect has committed a felony.

A

d. Probable cause exists that the suspect has committed a felony.

41
Q

You are dispatched to a hospital for a disorder occurring in the ICU. Upon arrival you talk to the victim. Then a witness shows you a video on their phone of the incident. You recognize the crime of Assault 4th, a misdemeanor, has occurred. You locate the suspect across the street sleeping behind a restaurant. Can you arrest the suspect?
a. Yes, but only after completing a post-arrest complaint
b. No arrest, but you may cite
c. Yes, then you must complete a post-arrest complaint
d. No, there is no known Domestic Violence relationship

A

c. Yes, then you must complete a post-arrest complaint

42
Q

When an offense is committed in the officer’s presence, regardless of the offense, an officer may make an arrest if _______________.
a. The offender posed a risk of danger to themselves and/or others
b. The offender is a resident of another state/country
c. The offender refused to say anything more than their name and DOB
d. None of the above

A

a. The offender posed a risk of danger to themselves and/or others

43
Q

Every element of DUI must occur in an officer’s presence in order to be able to arrest for that offense.
True False

A

False

44
Q

Under Kentucky law, whenever an officer has probable cause to believe the suspect has committed a _______________, the officer can arrest the subject.
a. Trespassing offense
b. Felony offense
c. Misdemeanor offense that occurred in his/her presence
d. Sex offense

A

b. Felony offense

45
Q

The Attorney General’s office has determined that, despite the specific wording in KRS 431.015 to the contrary; it is the responsibility of the offender to reasonably establish to the charging officer that he/she will appear in court, and if they can not the officer may arrest.
True False

A

False

46
Q

Regardless of the misdemeanor crime committed in the Officer’s presence, if the suspect refuses to follow the peace officer’s reasonable instructions, the officer may arrest.
True False

A

True

47
Q

In the space below write the definition of Probable Cause as taught in the Academy.

A

[Enough evidence to establish] [Reasonable grounds for believing] [an offense has been committed] [and that the person committed the offense]

48
Q

An officer responds to a major retail store for a suspect in custody by store security for a theft. As part of your investigation you watch the surveillance video. You conclude probable cause exists to charge the suspect with a theft. May the officer lawfully arrest the suspect, and why?
a. Yes. The arrest is lawful because the officer had probable cause for a felony offense.
b. Yes. The arrest is lawful because the theft is considered as occurring in the officer’s presence because of the video surveillance.
c. Yes. The arrest is lawful because police may arrest when there is probable cause of a theft from a retail establishment.
d. No. An arrest would not be lawful because the theft did not occur in the officer’s presence, and with no other justification to arrest, the suspect must be cited.

A

c. Yes. The arrest is lawful because police may arrest when there is probable cause of a theft from a retail establishment.

49
Q

A person is guilty of Robbery in the _______________ degree when, in the course of committing a theft, the suspect uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft; and when the suspect:
*Causes physical injury to any person who is not a participant in the crime; or
*Is armed with a deadly weapon; or
*Uses or threatens the immediate use of a dangerous instrument upon any person who is not a participant in the crime.
a. First
b. Second
c. Third
d. Fourth

A

a. First

50
Q

Murder is defined as:
a. With intent to cause death to another person, he causes the death of such person or of a third person
b. Wanton conduct which creates a grave risk of death to another person and thereby causes the death of another person
c. With intent to cause serious physical injury to another person, he causes the death of such person or of a third person
d. Both A and B

A

d. Both A and B

51
Q

The five homicide statutes are:
a. Murder, manslaughter 1st, manslaughter 2nd, reckless homicide, vehicular homicide
b. Murder, murder 2nd, Manslaughter 1st, Manslaughter 2nd , reckless homicide
c. Murder, accidental death, manslaughter 1st, Manslaughter 2nd, vehicular manslaughter, reckless homicide
d. They are all homicide statutes

A

a. Murder, manslaughter 1st, manslaughter 2nd, reckless homicide, vehicular homicide

52
Q

Which of the following is a Class B Felony and is defined as: With the intent to cause serious physical injury to another person, he causes the death of such person or of a third person.
a. Reckless homicide
b. Murder
c. Manslaughter 1st
d. Manslaughter 2nd

A

c. Manslaughter 1st

53
Q

All homicide statutes are felony offenses
True False

A

True

54
Q

A person is guilty of Robbery in the _______________ degree when, in the course of committing a theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft.
a. First
b. Second
c. Third
d. Fourth

A

b. Second

55
Q

Criminal Mischief will be a felony offense if the monetary loss is
a. $500 or more
b. $500 or more but less than $1000
c. $1000 or more, but less than $10,000
d. $1000 or more

A

d. $1000 or more

56
Q

You are dispatched to Taco Bell in reference to a theft. Upon arrival, you make contact with the store manager, who tells you a male suspect entered the business, brandished a black handgun and demanded money from the register. What is the proper charge for the report?
a. Robbery 1st
b. Robbery 2nd
c. Assault 4th
d. Shoplifting

A

a. Robbery 1st

57
Q

Criminal Mischief 3rd Degree is when a person causes damage to property that the person has no right to cause damage to, and the monetary value of the loss is:
a. $Less than $501
b. Less than $500
c. Less than $1000
d. More than $0 and less than $501

A

b. Less than $500

58
Q

You’re dispatched to the Waffle House in reference to a disorder. Upon arrival, you’re met by the victim who has a bloody nose and lip. The victim tells you he was on his cell phone in the parking lot when he was approached by a male subject. The male subject demanded his cell phone, but the victim refused to comply. The male suspect then struck the victim in the face with a close fist, shoved him to the ground and took his cell phone, which resulted in the injuries. What is the best charge for the suspect?
a. Robbery 1st
b. Robbery 2nd
c. Assault 1st
d. Physical Harassment

A

a. Robbery 1st

59
Q

The laws in the KRS do not apply to any crime that occurred prior to what day?
a. June 29, 1974
b. December 31, 1974
c. January 1, 1975
d. July 1975

A

c. January 1, 1975

60
Q

An officer may not make an arrest on a shoplifter, regardless of the amount.
True False

A

False

61
Q

Under current Kentucky law, a suspect for theft of merchandise from a retailer may be arrested without the officer developing Probable Cause because store employees have already detained the suspect.
True False

A

False

62
Q

Select the answer that best completes the statement: A person is guilty of burglary in the ________________ degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a dwelling.
a. First
b. Second
c. Third
d. All of the above

A

b. Second

63
Q

Select the answer that best completes the statement: Murder is a _______________ offense.
a. Felony
b. Capital
c. Deadly
d. Personal

A

b. Capital

64
Q

Every offense in the KRS requires the suspect to have at least one of the 4 mental states: Intentionally, Knowingly, Wantonly, or Recklessly.
True False

A

False

65
Q

In the space below, write the list of 8 Deadly Weapons as taught in class: (8 pts)

A

WMD
Gun
Knife, not including a common pocket knife or hunting knife.
Club
Slap Jack (or Black Jack)
Nunchak (or Karate Sticks)
Throwing Stars (Death star)
Artificial knuckles (brass knuckles)

66
Q

In the space below, list the 5 Charging Documents recognized under Kentucky Law: (5 pts)

A

Criminal Complaint
Indictment
Information
Citation
Post-Arrest complaint

67
Q

Fill in the blanks with the words which correctly complete the statement: In a criminal case the burden of proof resides with the Government and it must prove it’s case

“Beyond a _____________________ _______________________.

A

Reasonable Doubt

68
Q

Write the answer in the space below: As discussed in class, “KRS” is an abbreviation for what?

A

Kentucky Revised Statutes

69
Q

In the space provided, write the inchoate offense that best matches the descriptions listed below. Use each offense only once.

Joe asks Bob to be his getaway driver for a robbery. _______________

Bob and Joe agree to commit the robbery together. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Bob gives Joe a pistol so he can commit a robbery. _________________

The police stop Joe prior to completing the robbery. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
A

Solicitation
Conspiracy
Facilitation
Attempt

70
Q

A misdemeanor is an offense, other than traffic infraction, for which a sentence to a term of imprisonment of not more than _______________ _______________ can be imposed.

A

Twelve Months

71
Q

What is the official name of the form an officer completes to serve as the charging document after making an arrest (with or without a warrant)?

A

Kentucky Uniform Citation

72
Q

In the space below list the three officers of the court(3pts):

A

Prosecutor, Defense Attorney, Judge

73
Q

In the space provided, what was taught in class as the common thing shared by the three officers of the court?

A

They are all attorneys/Lawyers

74
Q

List the 4 levels of courts in order of authority, from the lowest to highest in Kentucky’s court system.
Highest: ________________

________________

________________

Lowest: ________________

A

Supreme Court
Court of Appeals
Circuit Court
District Court

75
Q

In the space provided below, list 5 Kentucky law enforcement agencies whose jurisdiction is statewide.

A

Can be any of these: KSP, MVE, Fish & Wildlife, Park Rangers, Attorney General Investigators, Welfare Fraud Investigators, Alcoholic Beverage Control (ABC), Charitable Gaming Investigators, Water Patrol.

76
Q

In the space below, list the major components of the criminal justice system as taught in class? (3pts)

A

Law Enforcement, Courts, Corrections

77
Q

What is the main investigative agency for the Federal government?
a. Federal Bureau of Investigation
b. The US Marshal Service
c. The Secret Service
d. There is no one “main” investigative agency.

A

a. Federal Bureau of Investigation

78
Q

Which agency was described in class as having general law enforcement authority state wide
a. The Kentucky state coroner’s office
b. All state law enforcement agencies have state-wide jurisdiction
c. Kentucky State Police
d. The Division of Commercial Vehicle Enforcement

A

c. Kentucky State Police

79
Q

In the KRS, all sworn law enforcement officers are referred to as:
a. Police Officers
b. State Police
c. Peace Officers
d. All of the above

A

c. Peace Officers

80
Q

The simple description of the criminal mental state of Intentionally, as taught in class is:
a. To intend the circumstances
b. To intend the result
c. To understand the result
d. To understand the circumstances

A

b. To intend the result

81
Q

The simple description of the criminal mental state of Knowingly, as taught in class is:
a. To intend the circumstances
b. To intend the result
c. To know the result
d. To know the circumstances

A

d. To know the circumstances

82
Q

The simple description of the criminal mental state of Wantonly, as taught in class is:
a. Knows the circumstances
b. Knows the circumstances, but does not care
c. Knows the risk, but does not care
d. Knows they are ignorant of the Risk

A

c. Knows the risk, but does not care

83
Q

The simple description of the criminal mental state of Recklessly, as taught in class is:
a. Ignorant of the Risk
b. Ignorant to the circumstances
c. Knows the circumstances, but does not care
d. Knows the risk, but does not care

A

a. Ignorant of the Risk

84
Q

Two officers were dispatched to a disorder. When they arrived both people involved were present, calm and cooperative, and insisting it was the other person’s fault. The officers began to investigate. They conclude Probable Cause exists the suspect violated a Domestic Violence Order earlier that day. The officers ______________.
a. Shall provide the victim with a copy of the Victim Rights brochure
b. May arrest both people involved for Disorderly Conduct
c. Shall arrest for the violation of the DVO
d. Are required to transport the victim to District Court to file an Emergency Arrest Order

A

c. Shall arrest for the violation of the DVO

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