Exam (elaborations)
CLEET Legal Block – Questions With Solutions (100%)
- Course
- Institution
CLEET Legal Block – Questions With Solutions (100%)
[Show more]
Content preview
CLEET Legal Block – Questions With Solutions (100%)What is a tort? Right Ans - A civil wrong
Burden of proof in a civil case Right Ans - preponderance of the evidence
What is a crime? Right Ans - criminal wrong, offense against the public
Burden of proof in a criminal matter Right Ans - beyond a reasonable
doubt
Elements to Show Negligence Right Ans - Duty
Breach
Causation
Damages/injury
Elements needed to show intentional tort Right Ans - assault
battery
kidnapping
trespass/conversion
malicious prosecution
Elements needed to show a constitutional tort Right Ans - violation of
constitutional rights
under color of law
causation
damages
Defenses against tort claims Right Ans - Technical defenses
-improper service
improper venue
-lack of jurisdiction
-statute of limitations
Substantive defenses
-failure to state a claim
Who is entitled to absolute immunity? Right Ans - judges
court employees
prosecutors
,parole board
president
legislators
witnesses
Immunity applying to peace officers &
test to determine immunity Right Ans - Probations officers preparing
reports
Was there a constitutional violation
Should the officer have known this?
methods of serving a civil process document Right Ans - -serving individual
personally
-leaving copies at individuals house
-giving to someone 15 years or older
peace officers authority to act in attempting a "service" Right Ans - writes
of assistance
general execution
replevin
order of delivery
define injunction Right Ans - command to refrain from a particular act.
standards of conduct while serving a civil document Right Ans - -neutrality
-methods
-when unusable to enforce/execute
-use of force
-interpretation of directives/orders
who does domestic abuse laws apply to? Right Ans - intimate partner
family
household member
different types of VPO Right Ans - emergency ex-parte
VPO
offender violates VPO
, Branches of Government Right Ans - Legislative, Executive, Judicial
Criminal Justice System Right Ans - police, courts, corrections
Where criminal laws are found? Right Ans - constitution & constitutional
amendments
what is the purpose of criminal law? Right Ans - no crime unless a
punishment is specified
define a private wrong Right Ans - violation of duty imposed by general law
definition of a crime Right Ans - act or omission forbidden by law or penal
sanctions
Levels of Proof Right Ans - -preponderance of evidence (Civil)
-Mere suspicion
-Reasonable suspicion (terry stops/frisks)
-probable cause (arrest, warrants, searches)
-clear & convincing (admin hearings)
-beyond a reasonable doubt (convict)
Types of punishment Right Ans - -Death Penalty
Incarceration
-fine
-removal from office
-disqualification
classifications of crimes Right Ans - -social harms
-nature of the act performed
-seriousness of crime
-degree of criminality
-felonies/misdemearors
nature of the offense
What is Mala in se and mala prohibita? Right Ans - mala in se: wrong in
itself
mala prohibita: wrong due to society
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LeCrae. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $15.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
76658 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now