legal matters Flashcards
1
Q
______ Law has the same purposes as any other body of law.
A
Criminal
2
Q
The purpose of criminal law is not to impose punishment.
T or F
A
True
3
Q
ex post facto means …
A
after the fact
4
Q
No “crime” without criminal law (in our system passed by)
A
Legislature
5
Q
A law must declare given conduct criminal before that conduct takes place
T or F
A
True
6
Q
Every offense, to be Criminal, must have a penalty annexed thereto
T or F
A
True
7
Q
Every punishment must originate in law
T or F
A
True
8
Q
No punishment can be found outside the law
A
True
9
Q
Where are valid criminal laws of the United States found?
A
Constitution Oklahoma State Constitution Common Law offenses Statutory Tribal statutes
10
Q
Peace Officers “execute the laws passed by the legislature and are considered ____________
A
“executive officers”
11
Q
4th amendment____
A
unreasonable search and seizure
12
Q
5th amendment_______________
A
No forced self-incrimination
13
Q
6th amendment_______
A
Right to Council
14
Q
8th amendment -
A
cruel and unusual punishment
15
Q
14th amendment -
A
Right to due process
16
Q
What are the two kinds of due process?
A
Procedural
and
Substantive
17
Q
The legal form of the law as passed by the Legislature_____
A
Statutory Law
18
Q
Case Law - Those cases where the Oklahoma Supreme Court and the Court of _______ have interpreted statutory law in very specific cases.
A
Criminal Appeals
19
Q
The same general rules apply to Federal or Tribal laws
T or F
A
True
20
Q
In civil cases, the ____ court will attempt to construe the statue in a way that makes it consistent with the U.S. and the Oklahoma Constitutions.
A
Appellate
21
Q
In criminal cases, statues are strictly construed
T or F
A
True
22
Q
Durant v. State
A
Legislature can amend the law
23
Q
All crimes tend to destroy the conditions of _____ and _____integrity of the community and the individual
A
safety, welfare
24
Q
Private Wrong can be defined as:
A
The breach of a duty imposed by law (tort)
25
Tort comes from the latin word torquere, which means
to twist
26
A "Crime" can be defined as;_____
an act or omission, forbidden by law
27
Crime may be punishable by__________
Death
imprisonment
fine
removal from office
28
Under our system of criminal law, crimes are generally divided between two classifications, Felonies and Misdemeanors.
T or F
True
29
Felonies may be punishable by _________
Death
or
more than 1 yr incarceration
30
Misdemeanor may be punishable by _____
Fines, not more than 1 year.
31
Mala in se are _____
inherently wrong.
32
Mala Prohibita are wrong because they are ______
prohibited.
33
Before a person can be criminally liable for an act or omission there msut be a law_______ the action.
Prohibiting and impose punishment
34
The general elements of a crime are_________
Voluntary
intentional
commission of an act (or omission) or conduct by:
a person legally capable of performing such an act.
A law prohibiting the act (punishment)
35
All persons concerned in the commission of a crime (felony or misdemeanor) if they directly commit the act constituting the offense, or Aid or abet in its commission, although not present.
Principals
36
Oklahoma law does not recognize and "Accessory before the fact. T or F
True
37
Peace officers enforce the law; they gather evidence, they do not decide
Guilt or punishment
38
The primary distinction in municipal courts is whether it is a __________________
"court of record" or a "court not of record"
39
The purpose of a record is to simplify any appeal of a decision of the municipal court. T or F
True
40
Oklahoma's state court system has _____ types of courts.
5
41
Judge can be a non-lawyer
may fine up to $50.00
May not assess jail time except for willful failure to pay fines
Municipal court not of record - non-lawyer judge
42
Fine up to $200.00
May assess up to 30 days in jail
may provide jury trials,
juveniles is limited
Court not of record - Lawyer judge
43
Municipal Court of record -Lawyer judge, in most cases may fine up to __________
1200.00
90 days in jail
limited juvenile jail
may provide jury trials
44
What are the 3 types of judges, all are lawyers?
District
Associate
Special district judge
45
District Court may provide jury trials ___jurors for a felony case and ____jurors for a misdemeanor case
12 for felony case
6 for a misdemeanor case
46
Court of Criminal Appeals has appellate jurisdiction in all _________matters
Criminal
47
Oklahoma's highest court in criminal cases is the
Court of Criminal Appeals
48
We are a nation of laws and due process.
| T or F
True
49
A written statement of facts confirmed by oath of the party making it.
Affidavit
50
What does Caveat mean?
Beware; Caution
51
Evidence which requires an inference to establish the point in question.
Circumstantial evidence
52
The system of law dealing with controversies concerned with private rights and duties
Civil Law
53
Communication with Court without all parties to action being present_____
Ex Parte
54
Literally "bring the body". A court procedure to determine if a person is being held unlawfully.
Habeas Corpus
55
Out of court statements offered as proof of the truth of the matter asserted, generally not admissible.
Hearsay
56
An accusation of crime made by a grand jury.
Indictment
57
A court order in equity which orders persons to refrain from an act.
Injunction
58
Liable to trial in a court of justice
justiciable
59
The state of mind required if an act is to be criminal, often described as "criminal intent"
Mens Rea:
60
A term used by layers for a crime which the Legislature has declared a felony but carries punishment of less than one year___________
Misdefelony
61
Plea of the accused in which he indicates he will not contest a criminal action. The same as "no contest"
Nolo Contendere
62
The greater weight
Preponderance
63
One which has been established by sufficient evide3nce but may be rebutted by the other party
Prima Facie Case
64
A crime committed by persuading another person to commit perjury.
Subornation of Perjury
65
A court order directing the appearance of a witness in court
Subpoena
66
The entity which decides disputed questions of fact
Trier of Fact
67
Liability is imputed (imparted or attributed) to another, usually an employer
Vicarious Liability
68
The written order, issured by an authorized judicial officer, directing certain action to be taken, such as an arrest or a search.
Warrant
69
A written instrument from the court.
Writ
70
A wrong against an individual
Tort
71
In common law, the standard used is, what would a _________ person have done under the same or similar circumstance?
Reasonable person
72
An offense against the public.
A crime
73
The elements of negligence are well settled they are?
```
Duty
Breach
Causation
actual
proximate
damages
injury
```
74
State or agency is liable for torts commited by its employees acting within the scope of their employment.
Oklahoma Tort Claims Act
| GTCA
75
Even though intent is not necessary in a negligence lawsuit, an intentional act can be a tort.
T or F
True
76
Generally, an intentional tort is considered outside the scope of employment and the employee may be liable instead of the government or agency.
T or F
True
77
Constitution Torts 42 U.S.C ______ et seq.
1983 federal law suit
78
Unlawful search and seizure, or use of excessive force.
4th amendment
79
improperly obtained confession
5th amendment
80
Right to counsel
6th amendment
81
Cruel and unusual punishment, including imprisonment.
8th amendment
82
Deprivation of liberty or property without due process.
14th amendment
83
This means a state officer can be sued in state court, or in federal court, or both.
Monroe v. Pope
84
Denial of absolute immunity is immediately appealable
Mitchell vs. Foasyth
85
Which officials are entitled to absolute immunity (under certain circumstances)
Judges, Prosecutors, adm boards, state agency, witness, med examiner, probation officers, clerks, reporter, coroners
86
Absolute immunity
2 years in most cases
87
Would a reasonable peace officer have known that the constitutional right was clearly established?
Qualified immunity
88
Civil process is divided into what three areas of activity?
Service, enforcement
Execution
special circumstances
89
Service includes, but is not limited to, the notification / delivery of the following writs
```
Summons
orders
forcible entry
Garnishments
contempt
VPO
counter claims
```
90
Orders of delivery can take place at the start or end/final of a lawsuit.
True
91
_________ is an order to the defendant to turn over certain property to the Plaintiff.
Replevin
92
An order of delivery usually involves personal property which is to be placed in the possession of the plaintiff.
An order is usually after judgment.
93
Books are called
reporters
94
Updates of publications are usually inserted in a pocket in the back of the book.
Pocket Parts (green book)
95
A peace officer may not consume beer or alcoholic beverage while armed except______
when authorized in the line of duty as an undercover officer.
96
The __________of a bar establishment may have a pistol, rifle, or shotgun on the premises.
Owner or proprietor
97
Mental age of 8-12
Moron
98
Mental age of 3-4
idiot
99
What must an off duty peace officer carry in order to have a carry a firearm if not on duty?
Official badge
cleet card
commission card
100
Interview and Interrogation:
| Remember the courts will probably use the _______ test
totality of the circumstances
101
A general rule of thumb is, can the person leave? If they cannot leave due to their statements, then they are probably under arrest.
True
102
An "arrest" is determined when
Told
Deprived of freedom of action
If suspect Believes he is under arrest.
103
Courts look at whether a ________person under the same _______ would believe he or she was free to leave.
Reasonable, circumstances
104
An admission is a self-incriminatory statement by the subject, falling short of an acknowledgment of guilt.
True
105
A _______ is a direct acknowledgement of the truth of guilt.
Confession.
106
A _____admission/ confession is a statement by a person to an officer upon contact, prior to any direct action by the officer.
Volunteered/spontaneous
107
Hangings and beating to obtain a confession
Brown v. Mississippi
108
Lengthy interrogation
Ashcraft v. Tennessee
109
Rights / Procedures
Maranda v. Arizona
110
Miranda does not keep a suspect from talking, confessing or explaining.
True
111
If recording device malfunctions, start again. Do Not Splice1 Add a new beginning time and explained what happened on the recording.
true
112
Exclusionary rule: How evidence may be inadmissible or suppressed under the rule
Weeks vs us 1914
113
Stressed the need for protective devices to make the process of police interrogation conform to the dictates of the privilege
Escobedo v. Illinois
114
Felony - punishable by _____ or imprisonment for more than ________.
Death
| 1 year
115
Crime defined -
Act or omission must be set out in the penal code.
116
Death of a human, unlawful, caused by defendant, with malice and forethought of a specific person.
1st degree murder
117
1st degree by death of child under the age of ____
18
118
Aggravating circumstances. At least one of these must be proved beyond a reasonable doubt before the death penalty may be imposed.
During the commission,
knowingly created a great risk of death to more than one person
especially heinous, atrocious or cruel
119
_____willful unlawful attempt or offer (threat) with force or violence to do corporal harm with the ability to carry it out.
Assault
120
Escape or attempted escape from arrest or detention of originally in custody for a misdemeanor is guilty of a misdemeanor is originally in custody for a felony is guilty of a felony.
True
121
Grand larceny
Felony
Property exceeds $500.00 in value
or
is taken from the person of another, without regard to value
122
1st degree burglary
human being present at time of entry, by forcible breaking
or
breaking in any manner while armed with a dangerous weapon
or
breaking in any other manner while assisted by one or more confederates
or
using False keys, or picking the lock or lifting a latch or opening a window.
123
2nd Degree Burglary
All others (automobiles)
124
1st Degree Arson
Dwelling or house
occupied
structure or contents or person (does not have to burn the entire bld)
125
2nd Degree Arson
uninhabited house or building
| structure or contents
126
Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances:
Committed by a person over 18 upon a person under 14 years of age.
127
Mere Suspicion/hunch
| Does not give the officer the right to detain, search, or arrest but only to _____ and _________
Initiate, investigate
Terry vs Ohio
