SPEA-V184 FINAL EXAM 2025
QUESTIONS AND ANSWERS
Criminal Law - ANS Focuses on the laws that govern the citizens and are enforced by the
state.
Civil Law - ANS Focuses on interactions between citizens (and corporations)
Criminal Law characteristics - ANS 1) The state brings the case, not the victim. 2) The
defendant is the accused person. 3) The burden of proof has to be beyond a reasonable doubt.
Civil Law characteristics - ANS 1) The plaintiff brings the case 2) The defendant is the party
responding to the filing. 3) The burden of proof is by a preponderance of the evidence.
Right to trial by jury: Felonies - ANS Have a jury of 12
Right to trial by jury: Misdemeanor - ANS Defendant can request a trial by jury within a
certain time period. (jury of 6)
Right to a trial by jury: Civil cases - ANS Found in the 7th amendment (jury of less than 12)
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3 categories of crimes - ANS 1) Felony 2) Misdemeanor 3) Infractions
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, Felony characteristics - ANS -punishable by death or incarceration in a prison for at least one
year
-may result in the loss of civil liberties
Misdemeanor characteristics - ANS -punishable by incarceration in a facility for less than a
year
-typically involves alternatives to incarceration
-officers cannot arrest unless the crime was committed in their presence
Infractions - ANS Generally violations of city ordinances or traffic laws
Exclusionary rule - ANS Illegally obtained evidence cannot be used in trial (any violation
made by authorities of 4th or 5th amendment laws)
Exceptions to the exclusionary rule - ANS -good faith rule
-search incident to arrest
-plain view rule
-exigent circumstances
Search incident to arrest - ANS Officers may search a person and the area under their
immediate control pursuant to an arrest.
Good faith rule - ANS Officers who conduct a search or seize evidence on the mistaken belief
that they are adhering to the 4 Amendment may still use seized evidence in court. (U.S. v. Leon)
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QUESTIONS AND ANSWERS
Criminal Law - ANS Focuses on the laws that govern the citizens and are enforced by the
state.
Civil Law - ANS Focuses on interactions between citizens (and corporations)
Criminal Law characteristics - ANS 1) The state brings the case, not the victim. 2) The
defendant is the accused person. 3) The burden of proof has to be beyond a reasonable doubt.
Civil Law characteristics - ANS 1) The plaintiff brings the case 2) The defendant is the party
responding to the filing. 3) The burden of proof is by a preponderance of the evidence.
Right to trial by jury: Felonies - ANS Have a jury of 12
Right to trial by jury: Misdemeanor - ANS Defendant can request a trial by jury within a
certain time period. (jury of 6)
Right to a trial by jury: Civil cases - ANS Found in the 7th amendment (jury of less than 12)
1
3 categories of crimes - ANS 1) Felony 2) Misdemeanor 3) Infractions
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@COPYRIGHT SIRJOEL 2025/2026
, Felony characteristics - ANS -punishable by death or incarceration in a prison for at least one
year
-may result in the loss of civil liberties
Misdemeanor characteristics - ANS -punishable by incarceration in a facility for less than a
year
-typically involves alternatives to incarceration
-officers cannot arrest unless the crime was committed in their presence
Infractions - ANS Generally violations of city ordinances or traffic laws
Exclusionary rule - ANS Illegally obtained evidence cannot be used in trial (any violation
made by authorities of 4th or 5th amendment laws)
Exceptions to the exclusionary rule - ANS -good faith rule
-search incident to arrest
-plain view rule
-exigent circumstances
Search incident to arrest - ANS Officers may search a person and the area under their
immediate control pursuant to an arrest.
Good faith rule - ANS Officers who conduct a search or seize evidence on the mistaken belief
that they are adhering to the 4 Amendment may still use seized evidence in court. (U.S. v. Leon)
2
Page
@COPYRIGHT SIRJOEL 2025/2026
