CLEET Law Test Questions with Correct Answers

CLEET Law Test Questions with Correct Answers Statutory Law - Answer-Law passed by the U.S. Congress or state legislatures Case Law - Answer-based on an appealed case ruling, an appellate court sets precedence for future cases. Crime - Answer-Act or omission, forbidden by law, with monetary/penal sanction Tort - Answer-Wrongful act or infringement of right leading to civil liability Private Wrong - Answer-Tort PublicWrong - Answer-Crime Punishment for crimes - Answer-Fines, imprisonment, death, removal from office, DQ from office Punishment for felony - Answer-Fine, imprisonment greater than 1 yr., death Mala en se - Answer-Inherently wrong/evil act Mala prohibita - Answer-Wrong/evil by law Elements of a crime - Answer--Voluntary/intentional act -done by a person legally capable of doing so -with existence of law and punishment prohibiting such Principle - Answer-All persons involved in commission of a crime Accessory - Answer-After felony, conceal/aid offender, w/ knowledge of crime Court not of record (non lawyer judge) - Answer--fines up to $50 -no power to jail, except FTP Court not of record (lawyer judge) - Answer--fines up to $200 -jail up to 30 days -jury trials -juveniles (traffic only) Court of record - Answer--lawyer judge -fines up to $500 -jail up to 90 days district court - Answer--Unlimited jurisdiction -can issue writs, judgements, decrees -hers appeals from lower courts Court of criminal appeals - Answer-Highest court in criminal matters Three types of courts - Answer-Municipal, District, Criminal Appeals 4th Amendment - Answer-prohibits search and seizure without probable cause 5th amendment - Answer-Right to remain silent 6th Amendment - Answer-right to a Speedy Trial by jury and representation by an attorney 8th Amendment - Answer-No cruel or unusual punishment 14th Amendment - Answer-Right to citizenship and due process Legislative act - Answer-Necessary to create criminal law Punishment written in law - Answer-Necessary to punish offender Specified punishment - Answer-Necessary to deem an act a crime Classification of crimes - Answer-Based on nature of offense and extent of punishment Criminal liability - Answer--law prohibiting act -written punishment in law -act is committed -there is intent -causation -result Burden of proof (civil) - Answer-51% proof; probably guilty Burden of proof (criminal) - Answer-Beyond a reasonable doubt, almost definitely guilty Negligence - Answer--Failure to act -actually caused problem (or caused by proximity) -resulting in damage/injury Intentional tort - Answer-Knowingly acting outside the scope of duty Constitutional tort - Answer--Violate constitutional rights -under the color of law -with damages