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MCOLES REVIEW EXAM
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MCOLES REVIEW EXAM 2024-2025Fourth Amendment - ANSWER: Freedom from unwarranted searches and seizures.
5th Amendment - ANSWER The right to remain silent/double jeopardy, and the
right to due process
6th Amendment - ANSWER: Right to a timely trial
ANSWER: The 14th Amendment expands and reinforces due process.
Procedural Due Process - ANSWER This is the procedure that the government
must follow when attempting to deprive people of their life, liberty, or property
(examples: right to counsel, right to a jury trial, rights against self-incrimination).
Substantive Due Process - ANSWER This is the government's genuine authority to
deprive someone of their life, liberty, or property. In general, the greater the impact
of a law on a person's life, liberty, or property, the more convincing the
government's justification for it must be.
District Court - ANSWER: Hears small disputes up to $5,000
-Hears lawsuits involving $25,000 or less.
-Conducts criminal trials for one-year misdemeanours or
less
- Holds all arraignments.
Circuit Court - ANSWER -Hears civil suits for more over $25,000
-Hears felonies and high-court misdemeanors.
,- Distributes PPOs.
Actus Reus - ANSWER, guilty act
Mens Rea - Answer: guilty mind/criminal intent.
Specific Intent - ANSWER Not only must the prosecutor prove that the defendant
committed certain acts, but also that he did them with the intent to cause a specific
result.
General Intent - ANSWER The defendant meant to execute the conduct, but not to
cause a specific result.
Corpus Delicti - ANSWER Body of the crime (the components).
Attempt - Answer 1. The defendant intended to conduct an offense.
2. Defendant took action toward
committing the claimed act, but failed
Complete the crime. Planning/preparation is not
considered and attempted. The activity must go.
To the point when the crime would have
be completed if it had not been
interrupted by external factors.
Conspiracy: ANSWER 1. The defendant and one or more individuals deliberately
agreed to conduct a crime.
, 2. The defendant wanted to do or aid commit that crime.
Assault - A 93-day misdemeanor.
1. The defendant either sought to commit a battery or performed an act that would
make a reasonable person fear an immediate battery.
2. The defendant intended to either commit a battery or cause the victim to
reasonably fear an immediate battery.
3. At the time, the defendant had the ability to commit a battery, or at least looked
to have the ability.
Assault and Battery: 93-day misdemeanour.
1. The defendant perpetrated battery on the victim. The battery must have been
purposeful and done against the victim's will. Whether or not this resulted in injury
is irrelevant.
2. The defendant meant to commit battery on the victim, or at least to cause fear
and immediate battery.
Assault against a Police Officer: ANSWER 1. The defendant assaulted, battered,
injured, resisted, hindered, or threatened a police officer.
2. The defendant knew or had reason to know that the individual was a police
officer carrying out his duties at the time.
Felonious Assault: ANSWER 1. The defendant committed/attempted to commit a
battery or did something that would make a reasonable person scared of an
immediate battery.
2. The criminal intended to damage or cause the victim to fear an immediate
battery.
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