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MCOLES Review Exam Questions And Correct Answers
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MCOLES Review Exam Questions And Correct Answers4th Amendment- Answer Freedom from unreasonable searches and seizures
5th Amendment- Answer The Right to Remain Silent/Double Jeopardy, right to due
process
6th Amendment- Answer Right to a speedy trial
14th Amendment- Answer Expands and reinforces due process
Procedural Due Process - this is the process that the government must go through while
it is attempting to take away somebody's life, liberty, or property.
Substantive Due Process - Answer This is the actual power of the government to deprive
people of their life, liberty, or property. In general, the more of a person's life, liberty, or
property will be affected, the more compelling the government's reason for the law must
be.
District Court - Answer -Hears small claims up to $5,000
-Hears law suits up to $25,000 or less
This is the criminal trial in which a misdemeanor is for 1 year or
less
Holds all criminal case arraignments
Circuit Court -Hears civil suits of more that $25,000
-Hears felonies and high court misdemeanors
-Distributes PPO's
,Actus Reus -Answer guilty act
Mens Rea -Answer guilty mind/criminal intent
Specific Intent - Answer Not only does the prosecutor have to prove that the defendant
did certain acts, but also that he did the acts with the intent to cause a particular result
General Intent - Answer The defendant intended to do the act, but did not intend to
cause a particular result
Corpus Delicti - Answer Body of the crime (the elements)
Attempt - Answer 1. Defendant intended to commit and offense
2. Defendant took some action toward
committing the alleged crime but failed to
complete the crime. Planning/prep is not
considered and attempt. The action must go
to the point where the crime would have
been completed if it had not been
interrupted by outside circumstances.
Conspiracy - Answer 1. The defendant and one of more persons knowingly agreed to
commit a crime
2. The defendant specifically intended to commit or help commit that crime
Assault - Answer - 93-day misdemeanor
1. The defendant either attempted to commit a battery or did and act that would cause a
reasonable person to fear and immediate battery.
, 2. The defendant indented either to commit a battery or to make the victim reasonably
fear an immediate battery.
3. The defendant, at the time, had the ability to commit a battery, appeared to have the
ability, or thought he had the ability.
Assault and Battery - Answer - 93-day misdemeanor
1. The battery is committed by the defendant upon the victim. The battery must be willful
and without consent of the victim. Injury or not does not matter.
2. The defendant had an intention to commit a battery upon the victim, or at least create
a reasonable apprehension in the mind of the victim of an immediate battery.
Assault of a Police Officer - Answer 1. The defendant assaulted, battered, wounded,
resisted, obstructed, or endangered a police officer.
2. The defendant knew or had reason to believe that the person was a police officer
performing his duties at the time.
Felonious Assault - Answer 1. Defendant committed/attempted to commit a batter or
committed an act that would make a reasonable person fearful of an immediate battery.
2. The defendant intended to injure or make the victim reasonably fear an immediate
battery.
3. The defendant had the ability, appeared to have the ability, or though he had the
ability to commit a battery.
4. The defendant committed the assault with a dangerous weapon including firearm,
knife, bombs, steel toe boots, etc.
Assault with Intent to Murder - Answer 1. Defendant tried to physically injure another
person.
2. At the time defendant committed the assault, he had the ability, or believed he had the
ability to cause an injury.
3. Defendant intended to kill the person assaulted.
Assault with Intent to do Great Bodily Harm Less than Murder - Answer 1. Defendant
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