CLEET - Final Exam Notes from Another
Class Part 2
Note - ANS-Just like with the previous set of notes, I haven't fact checked these notes,
don't know who created them, or how old they are. If you see errors, let me know and I'll
try to correct them as soon as possible!
Others have noticed a few cases of discrepancies between these notes and the other
Final Exam flash card deck. Keep in mind that I didn't create these. Trust YOUR notes
when the answer given here looks wonky.
Searches and seizures conducted outside the judicial process, without prior approval by
a neutral and detached judge or magistrate, are "per se" unreasonable _____. -
ANS-under the Fourth Amendment - subject only to a few specifically established and
well-delineated exceptions
Hearsay is _____ - ANS-Second hand information
Which class of person may not be permitted to testify as "lay" (non-expert) witnesses? -
ANS-Persons who have no knowledge of the case
If a person has been convicted and placed on a suspended sentence, and that person
then commits another crime while still on probation, then _____ - ANS-the District
Attorney may file a Motion to Revoke
What are the three primary factors that influence criminal jurisdiction in Indian country? -
ANS-- Impact of sovereign status
- Plenary Power of Congress
- U.S. Supreme Court interpretations of Indian law
What is Indian country as defined by 18 US Code Section 1151? - ANS-- Within the
limits of any Indian reservation under the jurisdiction of the US Government
- Dependent Indian communities
,- All land allotments, the Indian title to which has not been extinguished, including rights
of way
What are the three major federal statutes in Title 18 of the Federal Code that govern
federal criminal jurisdiction in Indian Country - ANS-- Indian Country Crimes Act
- Major Crimes Act
- Assimilative Crimes Act
The _______ allows federal criminal courts to borrow state criminal code to fill gaps
where there is no federal law and apply it to areas under exclusive federal control. -
ANS-Assimilative Crimes Act
A non-Indian commits a burglary on the Muskogee (Creek) Nation property. How will the
elements of the crime be defined, and which guidelines will be used for sanctions if
found guilty? - ANS-Only Oklahoma Statutes
What are at least two ways to establish who is considered to be an Indian, for the
purposes of criminal jurisdiction in Indian Country? - ANS-Must have Tribal or Federal
recognition of the person as Indian, and
Must be considered a member of a Federally recognized Tribe
You make a traffic stop. The driver, who is a non-resident of Oklahoma and lives in
another country, is lawfully visiting the United States. He is exempt from Oklahoma's
driver's license requirement if ____ - ANS-He has a valid driver's license from his home
country in his immediate possession
An affidavit for a search warrant must describe the place to be searched - ANS-so
precisely that location of the place to be searched may be determined solely by
reference to the description contained in the Warrant
You are unable to appear before the magistrate to personally give testimony and
present your affidavit to the court in order to receive a search warrant. The statutes
allow _____ - ANS-the magistrate to authorize you to sign the magistrate's name to a
copy of the search warrant.
A search warrant may only be served after 10:00pm when the ____ - ANS-warrant
states it may be served at any time of day or night
, In 1914 the federal case of Week vs. U.S. established the "exclusionary rule" in Federal
Courts. The ruling means that if a peace officer obtains evidence unlawfully, the
evidence _____ - ANS-may not be used in court
In the US Supreme Court Case US vs. Havens, the court held that illegally seized
evidence _____ be used in court _____ - ANS-Could
To impeach the witness because preventing perjury is so important
In Mapp v. Ohio, the evidence was suppressed because _____ - ANS-The officers did
not have a search warrant and were not operating under one of the recognized
exceptions
The public policy reasoning behind the exclusionary rule is _____ - ANS-It will deter
peace officers from illegally seizing evidence, because the officers know the evidence
will not be admissible
In Miranda v. Arizona, the court assured a criminal defendant the right to _____ when
said defendant was _____ - ANS-An attorney
Custodially interrogated
Who can issue a Search Warrant? - ANS-The Judge of a Court having jurisdiction
For evidence to be admissible it must be relevant, _____ - ANS-Material, and
Competent
The exception to the hearsay rule that allows the jury to hear a statement made while
the declarant was still under the stress caused by the crime is commonly known as the
_____ - ANS-"Excited utterance" exception
If at the end of a trial the jury entertains a reasonable doubt as to whether the State has
proven the elements of the crime, they _____ - ANS-Should acquit
When the court accepts a fact as true, because it cannot be seriously disputed, that is
known as - ANS-Judicial notice
Class Part 2
Note - ANS-Just like with the previous set of notes, I haven't fact checked these notes,
don't know who created them, or how old they are. If you see errors, let me know and I'll
try to correct them as soon as possible!
Others have noticed a few cases of discrepancies between these notes and the other
Final Exam flash card deck. Keep in mind that I didn't create these. Trust YOUR notes
when the answer given here looks wonky.
Searches and seizures conducted outside the judicial process, without prior approval by
a neutral and detached judge or magistrate, are "per se" unreasonable _____. -
ANS-under the Fourth Amendment - subject only to a few specifically established and
well-delineated exceptions
Hearsay is _____ - ANS-Second hand information
Which class of person may not be permitted to testify as "lay" (non-expert) witnesses? -
ANS-Persons who have no knowledge of the case
If a person has been convicted and placed on a suspended sentence, and that person
then commits another crime while still on probation, then _____ - ANS-the District
Attorney may file a Motion to Revoke
What are the three primary factors that influence criminal jurisdiction in Indian country? -
ANS-- Impact of sovereign status
- Plenary Power of Congress
- U.S. Supreme Court interpretations of Indian law
What is Indian country as defined by 18 US Code Section 1151? - ANS-- Within the
limits of any Indian reservation under the jurisdiction of the US Government
- Dependent Indian communities
,- All land allotments, the Indian title to which has not been extinguished, including rights
of way
What are the three major federal statutes in Title 18 of the Federal Code that govern
federal criminal jurisdiction in Indian Country - ANS-- Indian Country Crimes Act
- Major Crimes Act
- Assimilative Crimes Act
The _______ allows federal criminal courts to borrow state criminal code to fill gaps
where there is no federal law and apply it to areas under exclusive federal control. -
ANS-Assimilative Crimes Act
A non-Indian commits a burglary on the Muskogee (Creek) Nation property. How will the
elements of the crime be defined, and which guidelines will be used for sanctions if
found guilty? - ANS-Only Oklahoma Statutes
What are at least two ways to establish who is considered to be an Indian, for the
purposes of criminal jurisdiction in Indian Country? - ANS-Must have Tribal or Federal
recognition of the person as Indian, and
Must be considered a member of a Federally recognized Tribe
You make a traffic stop. The driver, who is a non-resident of Oklahoma and lives in
another country, is lawfully visiting the United States. He is exempt from Oklahoma's
driver's license requirement if ____ - ANS-He has a valid driver's license from his home
country in his immediate possession
An affidavit for a search warrant must describe the place to be searched - ANS-so
precisely that location of the place to be searched may be determined solely by
reference to the description contained in the Warrant
You are unable to appear before the magistrate to personally give testimony and
present your affidavit to the court in order to receive a search warrant. The statutes
allow _____ - ANS-the magistrate to authorize you to sign the magistrate's name to a
copy of the search warrant.
A search warrant may only be served after 10:00pm when the ____ - ANS-warrant
states it may be served at any time of day or night
, In 1914 the federal case of Week vs. U.S. established the "exclusionary rule" in Federal
Courts. The ruling means that if a peace officer obtains evidence unlawfully, the
evidence _____ - ANS-may not be used in court
In the US Supreme Court Case US vs. Havens, the court held that illegally seized
evidence _____ be used in court _____ - ANS-Could
To impeach the witness because preventing perjury is so important
In Mapp v. Ohio, the evidence was suppressed because _____ - ANS-The officers did
not have a search warrant and were not operating under one of the recognized
exceptions
The public policy reasoning behind the exclusionary rule is _____ - ANS-It will deter
peace officers from illegally seizing evidence, because the officers know the evidence
will not be admissible
In Miranda v. Arizona, the court assured a criminal defendant the right to _____ when
said defendant was _____ - ANS-An attorney
Custodially interrogated
Who can issue a Search Warrant? - ANS-The Judge of a Court having jurisdiction
For evidence to be admissible it must be relevant, _____ - ANS-Material, and
Competent
The exception to the hearsay rule that allows the jury to hear a statement made while
the declarant was still under the stress caused by the crime is commonly known as the
_____ - ANS-"Excited utterance" exception
If at the end of a trial the jury entertains a reasonable doubt as to whether the State has
proven the elements of the crime, they _____ - ANS-Should acquit
When the court accepts a fact as true, because it cannot be seriously disputed, that is
known as - ANS-Judicial notice
