POWER TO ARREST FINAL EXAM 2026 MASTER
STUDY EXAM
◉ 4th amendment rights. Answer: 1) No unreasonable searches and
seizures
2) The right to have any arrest warrant contain evidence that rises
to the level of "probable cause"
3) The right to have any search warrant describe with particularly
the place to be searched
◉ 6th amendment rights. Answer: 1) Right to speedy trial
2) Right to assistance of counsel
3) Right to public trial
4) Right to impartial jury
5) Right to confront witnesses
◉ When does the 6th amendment right to counsel attach?. Answer:
After the commencement of adversarial judicial proceedings
◉ Strickland v. Washington test for ineffective assistance of counsel.
Answer: -whether the defense attorney's performance was deficient
-whether there was any prejudice to the defendant as a result of the
defense attorney's deficient performance
,-whether the defense attorney's performance fell below an objective
an standard of reasonableness
◉ 8th amendment rights. Answer: 1) Prohibits Cruel and unusual
punishment
2) Prohibits excessive fines and bails
◉ 14th Amendment. Answer: Declares that all persons born in the
U.S. are citizens and are guaranteed equal protection of the laws
◉ Incorporation of the Bill of Rights. Answer: A legal doctrine
whereby parts of the U.S. Bill of Rights are applied to the states
through the 14 Amendment's Due Process Clause.
◉ What is the only right that has not been incorporated into the bill
of rights?. Answer: Grand Jury (this means that states are not
required to use grand juries in any criminal proceedings, although
some do by choice)
◉ types of burden of proof. Answer: 1) preponderance of the
evidence
2) clear & convincing evidence
3) beyond a reasonable doubt
, ◉ preponderance of the evidence. Answer: The standard of proof in
a civil case in which a judge or jury must believe the plaintiff's story
and evidence is stronger than the defendant's version.
◉ clear & convincing evidence. Answer: A type of standard of proof
applied in most civil cases that require the prosecutor to establish
proof that evidence in support of her claim made its occurrence
more probable than not
◉ beyond a reasonable doubt. Answer: The standard that must be
met by the prosecution's evidence in a criminal case: that there is no
other logical explanation, based on the facts, except that the
defendant committed the crime
◉ 5 types of pleas. Answer: 1) Guilty
2) Not guilty
3) No contest (nolo contendere)
4) Alford pleas
5) Not guilty by insanity
◉ pretrial detention hearing. Answer: the government's burden is to
establish clear & convincing evidence to determine to release the
defendant or if to keep them detained because they are a danger to
society and/or flight risk
STUDY EXAM
◉ 4th amendment rights. Answer: 1) No unreasonable searches and
seizures
2) The right to have any arrest warrant contain evidence that rises
to the level of "probable cause"
3) The right to have any search warrant describe with particularly
the place to be searched
◉ 6th amendment rights. Answer: 1) Right to speedy trial
2) Right to assistance of counsel
3) Right to public trial
4) Right to impartial jury
5) Right to confront witnesses
◉ When does the 6th amendment right to counsel attach?. Answer:
After the commencement of adversarial judicial proceedings
◉ Strickland v. Washington test for ineffective assistance of counsel.
Answer: -whether the defense attorney's performance was deficient
-whether there was any prejudice to the defendant as a result of the
defense attorney's deficient performance
,-whether the defense attorney's performance fell below an objective
an standard of reasonableness
◉ 8th amendment rights. Answer: 1) Prohibits Cruel and unusual
punishment
2) Prohibits excessive fines and bails
◉ 14th Amendment. Answer: Declares that all persons born in the
U.S. are citizens and are guaranteed equal protection of the laws
◉ Incorporation of the Bill of Rights. Answer: A legal doctrine
whereby parts of the U.S. Bill of Rights are applied to the states
through the 14 Amendment's Due Process Clause.
◉ What is the only right that has not been incorporated into the bill
of rights?. Answer: Grand Jury (this means that states are not
required to use grand juries in any criminal proceedings, although
some do by choice)
◉ types of burden of proof. Answer: 1) preponderance of the
evidence
2) clear & convincing evidence
3) beyond a reasonable doubt
, ◉ preponderance of the evidence. Answer: The standard of proof in
a civil case in which a judge or jury must believe the plaintiff's story
and evidence is stronger than the defendant's version.
◉ clear & convincing evidence. Answer: A type of standard of proof
applied in most civil cases that require the prosecutor to establish
proof that evidence in support of her claim made its occurrence
more probable than not
◉ beyond a reasonable doubt. Answer: The standard that must be
met by the prosecution's evidence in a criminal case: that there is no
other logical explanation, based on the facts, except that the
defendant committed the crime
◉ 5 types of pleas. Answer: 1) Guilty
2) Not guilty
3) No contest (nolo contendere)
4) Alford pleas
5) Not guilty by insanity
◉ pretrial detention hearing. Answer: the government's burden is to
establish clear & convincing evidence to determine to release the
defendant or if to keep them detained because they are a danger to
society and/or flight risk
