Missouri POST Test Study Guide

Tort - Answer- A private or civil wrong or injury, other than a breach of contract. Preponderance of evidence - Answer- The amount of information needed to decide in favor of a party in a civil suit. It consists of more than fifty percent of the believable evidence in favor of the party's suit or defense. One more fact than the other party has established. Proof beyond a reasonable doubt - Answer- The amount of information needed to convict a person of a crime. It is enough evidence to eliminate all reasonable objections to the prosecution's case against a suspect. It is not absolute proof, but it is more than probable cause. Summons - Answer- Papers requiring you to appear in civil or criminal court. Bill of Rights - Answer- First 10 amendments of the constitution that guarantees rights to all U.S. citizens. Exceptions to the First Amendment - Answer- Obscenities, fighting words, commercial speech, defamation: slander (spoken) or libel (written), incendiary speech, and time, place, and manner restrictions on speech. Nexus - Answer- Connection Amendments typically applied to LEO's - Answer- 1st, 4th, 5th, 6th, and 8th 4th Amendment - Answer- Citizens are protected against unreasonable searches and seizures against their person, property, and papers. 5th Amendment - Answer- Protection against self-incrimination and double jeopardy. Can not hold a person without presentment or indictment of a grand jury. 6th Amendment - Answer- Right to a speedy and public trial. Right to face accuser. Right to have counsel. 8th Amendment - Answer- Right not to have excessive bail, unjust fines, or unjust punishment. 14th Amendment - Answer- Establishes primacy of federal government over state government. U.S. citizen first. Branches of