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Legal Matters > test q > Flashcards

test q Flashcards

1
Q

A crime may be defined as

A

a public offense, forbidden, which the government sanctions

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2
Q

A suspect may invoke his right to counsel or right to remain silent

A

at the beginning of the interrogation and anytime during interrogation

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3
Q

A self-incriminatory statement by a suspect, falling short of a complete acknowledgement of guilt is a

A

admission

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4
Q

Ted broke into sally’s apartment at 7:30am while sally was sleeping. Ted set Sally’s bed on fire. The crime that ted could be charged with is

A

Arson in the first degree

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5
Q

Cases where the court of criminal appeals has interpreted statutory law in very specific cases are called

A

Case law

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6
Q

An arrest warrant issued out of the district court, charging a misdemeanor, can be served at

A

any time day or night if the warrant states that

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7
Q

Malice aforethought as used in Murder in the First Degree may be defined as

A

deliberate intent

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8
Q

A felony may be defined as

A

A crime which is or may be punishable with death, term in the penitentiary and or a fine

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9
Q

Normally, if you make an arrest outside your jurisdiction you do so

A

as a private citizen

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10
Q

False arrest and false imprisonment cases are

A

criminal and civil

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11
Q

Sam is standing in the middle of his living room holding a .45 semiautomatic pistol when you lawfully entered the resident to service a court summons. You are aware that Sam has been convicted of a felony and has not been pardoned. Sam has committed

A

a felony

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12
Q

There are two main types of municipal courts in Oklahoma. These are

A

Municipal court of record

and

Municipal court not of record

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13
Q

Requisite elements of a crime are

A

all of the above

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14
Q

A writ, as that term is used in law is

A

an order of the court

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15
Q

In Oklahoma it can be a felony to carry a firearm into an establishment where beer and intoxicating liquor is consumed. Persons exempt from this law are

A

the owner
peace officer
persons with a valid SDA permit
provide the sale of beverages containing alcohol is not the primary purpose of the establishment

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16
Q

Mary, age 13 gives her consent to have sexual intercourse with Sam, age 22. If sam has intercourse with Mary, Sam has committed

A

the crime of rape in the first degree

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17
Q

Burden of proof in a civil cases is

A

preponderance of the evidence

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18
Q

The defendant has the right to not testify. The right is guaranteed by the_____ to the US constitution.

A

5th amendment

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19
Q

The elements of civil battery are

A

intentional
non-consensual
physical contact with another person

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20
Q

The right to an attorney during police interrogations, or when defendants are in custodial situations, is assured by

A

Miranda vs. Arizona

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21
Q

Generally, a peace officer may

A

arrest for a misdemeanor committed or attempted in his presence

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22
Q

Improper service, improper venue, lack of jurisdiction and statute of limitations are example of

A

technical defenses of a constitutional tort

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23
Q

Reasonable grounds, such as would warrant a prudent person to believe certain facts are true, i.e., more than suspicion but less than proof beyond a reasonable doubt is known as

A

probable cause

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24
Q

Failure to exercise the necessary degree of care which a reasonable person would use under a given set of circumstances is called

A

Negligence

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25
Q

The legal steps necessary to prove a violation a criminal statue are known as

A

elements of the offense

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26
Q

Homicide is justifiable when

A

defending yourself against deadly force

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27
Q

A good rule of thumb concerning the use of force by law enforcement officers is to

A

use force when it is necessary and then use only reasonable force.

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28
Q

Under conditions specified in 21o.s. 540b a person commits a felony by running a roadblock. Under such circumstances an officer may

A

use deadly force only if the person poses a threat of deadly force to the officer or another.

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29
Q

Sam is in his house sitting on the sofa in the living room, when you tell him he is under arrest. You may search

A

sam and around the cushions on the sofa

30
Q

You feel you have reason to search a motel room rented by an individual for period of five days. It is day two of the rental period. The individual is not available to give consent. You may

A

seek a search warrant

31
Q

Search warrant may be served at night when

A

warrant states it may be served at any time of the day

32
Q

An affidavit must describe the person or place to be searched

A

so precisely that it excludes all other persons or place

33
Q

A search warrant must be executed and returned to the issuing magistrate within

A

10 days

34
Q

You are unable to appear before the magistrate to personally give testimony and present your affidavit to the court in order to receive a search warrant the statutes allow

A

the magistrate to authorize you to sign the magistrates name to a copy to conform with the original testimony / warrant

35
Q

you feel compelled to search a certain apartment which is leased to sam you realize that you do not have sufficient probable cause to get a search warrant so you decide to seek permission to search. The person who can give you permission is the

A

lessee

36
Q

The carroll doctrine is a rule permitting searches of autos, boats, or aircraft without a search warrant, if three conditions are present. The three conditions are

A

it is mobile
there must be prior probable cause
there cannot be time to get a search warrant

37
Q

Mere suspicion or a hunch allow the officer to

A

start investigating

38
Q

hearsay is

A

seond hand info

39
Q

Sources of probable cause are

A

police and defendants
witnesses
media
electronic means

40
Q

Direct evidence

A

requires no inferences to be drawn to reach a conclusion

41
Q

For evidence to be admissible it must be relevant

A

factual and material

42
Q

Something legally presented before a court such as a statement of witnesses, or a physical object, which bears on, or establishes the point in question is definition of

A

evidence

43
Q

Searches and seizures conducted outside the judicial process without prior approval by a judge are per se unreasonable

A

under the forth amendment subject only to a few specifically established well delineated exceptions

44
Q

The reason a frisk is condoned by the court is that it is

A

for the officers protection

45
Q

The legal basis for stop and frisk is

A

terry v ohio

46
Q

The titles Oklahoma statues most used by law enforcment

A 
10
21
22
37
47
63
47
Q

You have reasonable suspicion to believe that sam is distributing cocaine from his car. You approach the car in which sam is sitting in the drivers seat. You direct sam out of the car and immediately condut a pat down frisk. You do not find a weapon on sam, but you feel a rock like object in sams sock. Based upon your training and experience. You know that object is crack cocaine this evidence is

A

admissible because the search is reasonable and you can reasonable articulate how you know the object was crack cocaine.

48
Q

Sam was convicted at age of 16 for the crime of burgulary 1st degree. Sam was certified to receive an adult sentence and was admitted to a deferred sentence. You have arrested sam for a misdeameanor assault and batter. Sam will be handled as an

A

adult

49
Q

For purposes of abuse or neglect, Oklahoma legally defines a child as anyone under the age of _____

A

18

50
Q

Sam has been charged with robbery with a firearm. Sam is fifteen years old and under Oklahoma law is considered an

A

Youthful offender

51
Q

Which of the following offers correct guidelines for interrogating juveniles if the information gained is to be admissible into evidence against that juvenile?

A

Allow the juvenile and his parent a private session prior to the interrogation.

52
Q

You suspect a delinquent of a felony crime and or being an escapee, the child may be held in certified jail not to exceed ___ hours of purpose of identification, processing and transfer.

A

6 hrs

53
Q

A warrant-less arrest of a juvenile, for the commission of a felony, is good if it is based on

A

Probable cause

54
Q

Children who cannot recognize reality or deal with ordinary demands of life are legally as_______ when adjudicated.

A

in need of treatment

55
Q

Amount of force utilized which is not authorized by law or goes beyond the necessary and reasonable to obtain is

A

Excessive use of force

56
Q

An order in writing issued by a competent court to a law officer directing him to search for specific property to bring to the court is

A

Search warrant

57
Q

probable cause that a crime has or is being committed and that a search will uncover evidence or contraband and existing facts require an immediate search are elements of

A

a search based on exigent circumstnaces

58
Q

A search conducted in the immediate area of a lawful arrest is

A

a search incidental to arrest

59
Q

words of a witness from the witness stand is considered

A

Testimonial evidence

60
Q

Evidence presented, often by both sides, upon which the Trier of fact must decide the point of question is

A

proof

61
Q

When transferring a rifle or shot gun it should be

A

unloaded, safety on action open at port arms

62
Q

Identify the six basic fundamentals of shooting

A 
stance
grip/lock wrist
sight alignment
trigger control
follow through
63
Q

The two types of torts discussed in class are _______ and __________

A

Intentional and constitutional

64
Q

Service of a civil process document may be accomplished by

A

Personal service or substitute service

65
Q

A ______ is an order to the defendant to turn over certain property to the plaintiff to satisfy a judgment.

A

Replevin

66
Q

The Miranda Doctrine requires suspects be advised of their constitution rights under the 4th,5th, and 6th amendments.

A

True

67
Q

An officer follows a suspicious-looking person into his house. While inside, the officer observes illegal contraband, based on “plain-view” exception, the officer may seize the contraband and make the arrest.

A

False

68
Q

______Robbery is the wrongful taking of the personal property in the possession of another by force or fear.

A

Robbery?

69
Q

_____ is the taking of the personal property of another without consent with the intent to deprive.

A

Larceny

70
Q

________ Specifies the requirements for probable cause.

A

4th amendment

71
Q

Misdemeanor arrest warrants may be executed between the hours of _____unless other times are authorized on the warrant or the person is in public.

A

6:00am to 10:00pm

Legal Matters (3 decks)

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