CLEET Legal Block - Questions and Answers What is a tort? A civil wrong Burden of proof in a civil case preponderance of the evidence What is a crime?
... [Show More] criminal wrong, offense against the public Burden of proof in a criminal matter beyond a reasonable doubt Elements to Show Negligence Duty Breach Causation Damages/injury Elements needed to show intentional tort assault battery kidnapping trespass/conversion malicious prosecution Elements needed to show a constitutional tort violation of constitutional rights under color of law causation damages Defenses against tort claims 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?
judges court employees prosecutors parole board president legislators witnesses Immunity applying to peace officers & test to determine immunity Probations officers preparing reports Was there a constitutional violation Should the officer have known this? Methods of serving a civil process document -serving individual personally -leaving copies at individuals house -giving to someone 15 years or older Peace officers authority to act in attempting a "service" writes of assistance general execution replevin order of delivery Define injunction command to refrain from a particular act. Standards of conduct while serving a civil document -neutrality -methods -when unusable to enforce/execute -use of force -interpretation of directives/orders Who does domestic abuse laws apply to? intimate partner family household member Different types of VPO emergency ex-parte VPO offender violates VPO Branches of Government Legislative, Executive, Judicial Criminal Justice System police, courts, corrections Where criminal laws are found? constitution & constitutional amendments What is the purpose of criminal law? no crime unless a punishment is specified Define a private wrong violation of duty imposed by general law Definition of a crime act or omission forbidden by law or penal sanctions Levels of Proof -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 -Death Penalty Incarceration -fine -removal from office -disqualification Classifications of crimes -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? mala in se: wrong in itself mala prohibita: wrong due to society LOVID Location Offense Venue Identification Date/time What does the 4th amendment specify? requirement for probable cause Is mere suspicion enough to detain, search or arrest? no, its just a hunch Is reasonable suspicion enough to detain, search or arrest? level needed to stop someone but not detain search or arrest Define reasonable suspicion articulable facts which lead a reasonable person to believe an ind. Has been, currently, or is about to be involved in criminal activity What is a Terry frisk? A pat down of the body and outer clothing for weapons that is justified by an officer's belief that a suspect is armed and dangerous Terry v. Ohio Police can search and seize with probable cause Is probable cause enough to detain, search or arrest? yes, LOVID Define probable cause articulable facts which taken together, would lead a reasonable person to believe that crime is or has been committed Elements for probable cause affidavit Arrest Search Preliminary hearing (only for felonies) Motion to suppress or motion to quash Grand jury What is the purpose of arrest? Take someone into custody for charges, not for inflicting injury or punishments What is arrest? Taking of a person into custody to answer for public offense What is confinement? [Show Less]