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legal matters Flashcards

1
Q

______ Law has the same purposes as any other body of law.

A

Criminal

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2
Q

The purpose of criminal law is not to impose punishment.

T or F

A

True

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3
Q

ex post facto means …

A

after the fact

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4
Q

No “crime” without criminal law (in our system passed by)

A

Legislature

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5
Q

A law must declare given conduct criminal before that conduct takes place
T or F

A

True

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6
Q

Every offense, to be Criminal, must have a penalty annexed thereto
T or F

A

True

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7
Q

Every punishment must originate in law

T or F

A

True

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8
Q

No punishment can be found outside the law

A

True

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9
Q

Where are valid criminal laws of the United States found?

A 
Constitution
Oklahoma State Constitution
Common Law offenses
Statutory
Tribal statutes
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10
Q

Peace Officers “execute the laws passed by the legislature and are considered ____________

A

“executive officers”

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11
Q

4th amendment____

A

unreasonable search and seizure

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12
Q

5th amendment_______________

A

No forced self-incrimination

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13
Q

6th amendment_______

A

Right to Council

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14
Q

8th amendment -

A

cruel and unusual punishment

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15
Q

14th amendment -

A

Right to due process

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16
Q

What are the two kinds of due process?

A

Procedural

and

Substantive

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17
Q

The legal form of the law as passed by the Legislature_____

A

Statutory Law

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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

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19
Q

The same general rules apply to Federal or Tribal laws

T or F

A

True

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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

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21
Q

In criminal cases, statues are strictly construed

T or F

A

True

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22
Q

Durant v. State

A

Legislature can amend the law

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23
Q

All crimes tend to destroy the conditions of _____ and _____integrity of the community and the individual

A

safety, welfare

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24
Q

Private Wrong can be defined as:

A

The breach of a duty imposed by law (tort)

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25
Q

Tort comes from the latin word torquere, which means

A

to twist

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26
Q

A “Crime” can be defined as;_____

A

an act or omission, forbidden by law

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27
Q

Crime may be punishable by__________

A

Death
imprisonment
fine
removal from office

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28
Q

Under our system of criminal law, crimes are generally divided between two classifications, Felonies and Misdemeanors.
T or F

A

True

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29
Q

Felonies may be punishable by _________

A

Death

or
more than 1 yr incarceration

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30
Q

Misdemeanor may be punishable by _____

A

Fines, not more than 1 year.

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31
Q

Mala in se are _____

A

inherently wrong.

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32
Q

Mala Prohibita are wrong because they are ______

A

prohibited.

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33
Q

Before a person can be criminally liable for an act or omission there msut be a law_______ the action.

A

Prohibiting and impose punishment

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34
Q

The general elements of a crime are_________

A

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)

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35
Q

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.

A

Principals

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36
Q

Oklahoma law does not recognize and “Accessory before the fact. T or F

A

True

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37
Q

Peace officers enforce the law; they gather evidence, they do not decide

A

Guilt or punishment

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38
Q

The primary distinction in municipal courts is whether it is a __________________

A

“court of record” or a “court not of record”

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39
Q

The purpose of a record is to simplify any appeal of a decision of the municipal court. T or F

A

True

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40
Q

Oklahoma’s state court system has _____ types of courts.

A

5

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41
Q

Judge can be a non-lawyer
may fine up to $50.00
May not assess jail time except for willful failure to pay fines

A

Municipal court not of record - non-lawyer judge

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42
Q

Fine up to $200.00
May assess up to 30 days in jail
may provide jury trials,
juveniles is limited

A

Court not of record - Lawyer judge

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43
Q

Municipal Court of record -Lawyer judge, in most cases may fine up to __________

A

1200.00
90 days in jail
limited juvenile jail
may provide jury trials

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44
Q

What are the 3 types of judges, all are lawyers?

A

District

Associate

Special district judge

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45
Q

District Court may provide jury trials ___jurors for a felony case and ____jurors for a misdemeanor case

A

12 for felony case

6 for a misdemeanor case

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46
Q

Court of Criminal Appeals has appellate jurisdiction in all _________matters

A

Criminal

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47
Q

Oklahoma’s highest court in criminal cases is the

A

Court of Criminal Appeals

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48
Q

We are a nation of laws and due process.

T or F

A

True

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49
Q

A written statement of facts confirmed by oath of the party making it.

A

Affidavit

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50
Q

What does Caveat mean?

A

Beware; Caution

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51
Q

Evidence which requires an inference to establish the point in question.

A

Circumstantial evidence

52
Q

The system of law dealing with controversies concerned with private rights and duties

A

Civil Law

53
Q

Communication with Court without all parties to action being present_____

A

Ex Parte

54
Q

Literally “bring the body”. A court procedure to determine if a person is being held unlawfully.

A

Habeas Corpus

55
Q

Out of court statements offered as proof of the truth of the matter asserted, generally not admissible.

A

Hearsay

56
Q

An accusation of crime made by a grand jury.

A

Indictment

57
Q

A court order in equity which orders persons to refrain from an act.

A

Injunction

58
Q

Liable to trial in a court of justice

A

justiciable

59
Q

The state of mind required if an act is to be criminal, often described as “criminal intent”

A

Mens Rea:

60
Q

A term used by layers for a crime which the Legislature has declared a felony but carries punishment of less than one year___________

A

Misdefelony

61
Q

Plea of the accused in which he indicates he will not contest a criminal action. The same as “no contest”

A

Nolo Contendere

62
Q

The greater weight

A

Preponderance

63
Q

One which has been established by sufficient evide3nce but may be rebutted by the other party

A

Prima Facie Case

64
Q

A crime committed by persuading another person to commit perjury.

A

Subornation of Perjury

65
Q

A court order directing the appearance of a witness in court

A

Subpoena

66
Q

The entity which decides disputed questions of fact

A

Trier of Fact

67
Q

Liability is imputed (imparted or attributed) to another, usually an employer

A

Vicarious Liability

68
Q

The written order, issured by an authorized judicial officer, directing certain action to be taken, such as an arrest or a search.

A

Warrant

69
Q

A written instrument from the court.

A

Writ

70
Q

A wrong against an individual

A

Tort

71
Q

In common law, the standard used is, what would a _________ person have done under the same or similar circumstance?

A

Reasonable person

72
Q

An offense against the public.

A

A crime

73
Q

The elements of negligence are well settled they are?

A 
Duty
Breach
Causation
actual
proximate
damages
injury
74
Q

State or agency is liable for torts commited by its employees acting within the scope of their employment.

A

Oklahoma Tort Claims Act

GTCA

75
Q

Even though intent is not necessary in a negligence lawsuit, an intentional act can be a tort.
T or F

A

True

76
Q

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

A

True

77
Q

Constitution Torts 42 U.S.C ______ et seq.

A

1983 federal law suit

78
Q

Unlawful search and seizure, or use of excessive force.

A

4th amendment

79
Q

improperly obtained confession

A

5th amendment

80
Q

Right to counsel

A

6th amendment

81
Q

Cruel and unusual punishment, including imprisonment.

A

8th amendment

82
Q

Deprivation of liberty or property without due process.

A

14th amendment

83
Q

This means a state officer can be sued in state court, or in federal court, or both.

A

Monroe v. Pope

84
Q

Denial of absolute immunity is immediately appealable

A

Mitchell vs. Foasyth

85
Q

Which officials are entitled to absolute immunity (under certain circumstances)

A

Judges, Prosecutors, adm boards, state agency, witness, med examiner, probation officers, clerks, reporter, coroners

86
Q

Absolute immunity

A

2 years in most cases

87
Q

Would a reasonable peace officer have known that the constitutional right was clearly established?

A

Qualified immunity

88
Q

Civil process is divided into what three areas of activity?

A

Service, enforcement
Execution
special circumstances

89
Q

Service includes, but is not limited to, the notification / delivery of the following writs

A 
Summons
orders
forcible entry
Garnishments
contempt
VPO
counter claims
90
Q

Orders of delivery can take place at the start or end/final of a lawsuit.

A

True

91
Q

_________ is an order to the defendant to turn over certain property to the Plaintiff.

A

Replevin

92
Q

An order of delivery usually involves personal property which is to be placed in the possession of the plaintiff.

A

An order is usually after judgment.

93
Q

Books are called

A

reporters

94
Q

Updates of publications are usually inserted in a pocket in the back of the book.

A

Pocket Parts (green book)

95
Q

A peace officer may not consume beer or alcoholic beverage while armed except______

A

when authorized in the line of duty as an undercover officer.

96
Q

The __________of a bar establishment may have a pistol, rifle, or shotgun on the premises.

A

Owner or proprietor

97
Q

Mental age of 8-12

A

Moron

98
Q

Mental age of 3-4

A

idiot

99
Q

What must an off duty peace officer carry in order to have a carry a firearm if not on duty?

A

Official badge
cleet card
commission card

100
Q

Interview and Interrogation:

Remember the courts will probably use the _______ test

A

totality of the circumstances

101
Q

A general rule of thumb is, can the person leave? If they cannot leave due to their statements, then they are probably under arrest.

A

True

102
Q

An “arrest” is determined when

A

Told
Deprived of freedom of action
If suspect Believes he is under arrest.

103
Q

Courts look at whether a ________person under the same _______ would believe he or she was free to leave.

A

Reasonable, circumstances

104
Q

An admission is a self-incriminatory statement by the subject, falling short of an acknowledgment of guilt.

A

True

105
Q

A _______ is a direct acknowledgement of the truth of guilt.

A

Confession.

106
Q

A _____admission/ confession is a statement by a person to an officer upon contact, prior to any direct action by the officer.

A

Volunteered/spontaneous

107
Q

Hangings and beating to obtain a confession

A

Brown v. Mississippi

108
Q

Lengthy interrogation

A

Ashcraft v. Tennessee

109
Q

Rights / Procedures

A

Maranda v. Arizona

110
Q

Miranda does not keep a suspect from talking, confessing or explaining.

A

True

111
Q

If recording device malfunctions, start again. Do Not Splice1 Add a new beginning time and explained what happened on the recording.

A

true

112
Q

Exclusionary rule: How evidence may be inadmissible or suppressed under the rule

A

Weeks vs us 1914

113
Q

Stressed the need for protective devices to make the process of police interrogation conform to the dictates of the privilege

A

Escobedo v. Illinois

114
Q

Felony - punishable by _____ or imprisonment for more than ________.

A

Death

1 year

115
Q

Crime defined -

A

Act or omission must be set out in the penal code.

116
Q

Death of a human, unlawful, caused by defendant, with malice and forethought of a specific person.

A

1st degree murder

117
Q

1st degree by death of child under the age of ____

A

18

118
Q

Aggravating circumstances. At least one of these must be proved beyond a reasonable doubt before the death penalty may be imposed.

A

During the commission,
knowingly created a great risk of death to more than one person
especially heinous, atrocious or cruel

119
Q

_____willful unlawful attempt or offer (threat) with force or violence to do corporal harm with the ability to carry it out.

A

Assault

120
Q

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.

A

True

121
Q

Grand larceny

A

Felony
Property exceeds $500.00 in value

or
is taken from the person of another, without regard to value

122
Q

1st degree burglary

A

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
Q

2nd Degree Burglary

A

All others (automobiles)

124
Q

1st Degree Arson

A

Dwelling or house
occupied
structure or contents or person (does not have to burn the entire bld)

125
Q

2nd Degree Arson

A

uninhabited house or building

structure or contents

126
Q

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:

A

Committed by a person over 18 upon a person under 14 years of age.

127
Q

Mere Suspicion/hunch

Does not give the officer the right to detain, search, or arrest but only to _____ and _________

A

Initiate, investigate

Terry vs Ohio

Legal Matters (3 decks)

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