CLEET Legal Block
What is a tort? - correct answer A civil wrong
Burden of proof in a civil case - correct answer preponderance of the evidence
What is a crime? - correct answer criminal wrong, offense against the public
Burden of proof in a criminal matter - correct answer beyond a reasonable doubt
Elements to Show Negligence - correct answer Duty
Breach
Causation
Damages/injury
Elements needed to show intentional tort - correct answer assault
battery
kidnapping
trespass/conversion
malicious prosecution
Elements needed to show a constitutional tort - correct answer violation of constitutional rights
under color of law
causation
damages
Defenses against tort claims - correct answer 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? - correct answer judges
court employees
,prosecutors
parole board
president
legislators
witnesses
Immunity applying to peace officers &
test to determine immunity - correct answer Probations officers preparing reports
Was there a constitutional violation
Should the officer have known this?
methods of serving a civil process document - correct answer -serving individual personally
-leaving copies at individuals house
-giving to someone 15 years or older
peace officers authority to act in attempting a "service" - correct answer writes of assistance
general execution
replevin
order of delivery
define injunction - correct answer command to refrain from a particular act.
standards of conduct while serving a civil document - correct answer -neutrality
-methods
-when unusable to enforce/execute
-use of force
-interpretation of directives/orders
who does domestic abuse laws apply to? - correct answer intimate partner
family
household member
different types of VPO - correct answer emergency ex-parte
, VPO
offender violates VPO
Branches of Government - correct answer Legislative, Executive, Judicial
Criminal Justice System - correct answer police, courts, corrections
Where criminal laws are found? - correct answer constitution & constitutional amendments
what is the purpose of criminal law? - correct answer no crime unless a punishment is specified
define a private wrong - correct answer violation of duty imposed by general law
definition of a crime - correct answer act or omission forbidden by law or penal sanctions
Levels of Proof - correct answer -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 - correct answer -Death Penalty
Incarceration
-fine
-removal from office
-disqualification
classifications of crimes - correct answer -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? - correct answer mala in se: wrong in itself
mala prohibita: wrong due to society
What is a tort? - correct answer A civil wrong
Burden of proof in a civil case - correct answer preponderance of the evidence
What is a crime? - correct answer criminal wrong, offense against the public
Burden of proof in a criminal matter - correct answer beyond a reasonable doubt
Elements to Show Negligence - correct answer Duty
Breach
Causation
Damages/injury
Elements needed to show intentional tort - correct answer assault
battery
kidnapping
trespass/conversion
malicious prosecution
Elements needed to show a constitutional tort - correct answer violation of constitutional rights
under color of law
causation
damages
Defenses against tort claims - correct answer 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? - correct answer judges
court employees
,prosecutors
parole board
president
legislators
witnesses
Immunity applying to peace officers &
test to determine immunity - correct answer Probations officers preparing reports
Was there a constitutional violation
Should the officer have known this?
methods of serving a civil process document - correct answer -serving individual personally
-leaving copies at individuals house
-giving to someone 15 years or older
peace officers authority to act in attempting a "service" - correct answer writes of assistance
general execution
replevin
order of delivery
define injunction - correct answer command to refrain from a particular act.
standards of conduct while serving a civil document - correct answer -neutrality
-methods
-when unusable to enforce/execute
-use of force
-interpretation of directives/orders
who does domestic abuse laws apply to? - correct answer intimate partner
family
household member
different types of VPO - correct answer emergency ex-parte
, VPO
offender violates VPO
Branches of Government - correct answer Legislative, Executive, Judicial
Criminal Justice System - correct answer police, courts, corrections
Where criminal laws are found? - correct answer constitution & constitutional amendments
what is the purpose of criminal law? - correct answer no crime unless a punishment is specified
define a private wrong - correct answer violation of duty imposed by general law
definition of a crime - correct answer act or omission forbidden by law or penal sanctions
Levels of Proof - correct answer -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 - correct answer -Death Penalty
Incarceration
-fine
-removal from office
-disqualification
classifications of crimes - correct answer -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? - correct answer mala in se: wrong in itself
mala prohibita: wrong due to society
