Police Academy Legal Exam: Key Concepts and Definitions, Exams of Science
education
Types of law - ANSWERConstitutional law, statutory law, criminal law, civil law,
administrative law, case law
Statutory law - ANSWERIs written by Congress ,state legislatures, or local
governing authorities in response to a perceived need statutory law include
civil criminal administrative and regulatory laws
Civil law - ANSWERtype of law with legal action that a person takes to resolve
a private dispute with another person.
Administrative law - ANSWERThe body of law that allows for creation of
public a regulatory agencies such as Medicaid and Florida administrative
codes for certification and training of law-enforcement officers
Criminal law - ANSWERIdentifies unacceptable behaviors and Punishments
for violations
,Constitutional law - ANSWERPreamble, Bill of Rights, and amendments.
Identifies powers and limitations of each branch (executive, legislative, and
judicial)
Case law - ANSWERFormed by decisions of the court system (judicial branch)
Based on the courts interpretation of constitutional provisions
First Amendment Rights - ANSWERFreedom of speech, press, peaceful
assembly, and religion
Second amendment - ANSWERThe right to bear arms and in Florida the stand
your ground right
Fifth amendment - ANSWERProtection against compelled self-incrimination
and requires jury indictment for capital offenses, prohibits double jeopardy,
and prevents the deprivation of life liberty and property without due process
of law
Sixth Amendment (US Constitution) - ANSWERThe right to be informed of the
nature of charges, receive counsel, undergo a speedy and public trial,
confront witnesses, and face and impartial jury
Eighth amendment - ANSWERProhibits excessive bail, fines, and cruel and
unusual punishment
Due process clause - ANSWERPart of the 14th amendment which states that
no state shall make or enforce any law that abridges the privileges and
immunities of citizens of the United States nor shall any State deprive any
,person of life, liberty, or property without due process of law nor deny any
person within its jurisdiction to the equal protection of the laws
Substantive due process - ANSWERthe law itself is fair-not the procedures-
but the laws
Procedural due process - ANSWERThe requirement that government follow
certain procedures before punishing a person
Offense - ANSWERCriminal or non-criminal acts that are punishable under
Florida law
Felony - ANSWERAny crime committed where maximum penalty is death or
incarceration in a state correctional facility for more than one year
Life felony - ANSWERUp to life in prison or fine of $15,000 or both
Capital felony - ANSWERDeath or life imprisonment without parole such as a
1st° murder. Sexual battery on a child under 12 is also a capital felony but can
only get a life prison sentence not death
1st° felony - ANSWERMax penalty 30 years or $10,000 however kidnapping is
a 1st° felony punishable by life imprisonment
Second-degree felony - ANSWERMaximum 15 years prison and or $10,000
example aggravated battery
, 3rd° felony - ANSWERMaximum five years and or fine of $5000 for example
aggravated assault
Examples of reclassification enhancements
(possibly move a MM to a F) - ANSWERViolent offense against law-
enforcement officers, wearing a mask to conceal identity while committing
felony or misdemeanor, hate crime, possessing weapon while committing
crime, unlawful taking of law-enforcement's fire arm during crime, acts of
terrorism
Misdemeanor - ANSWERCriminal offense with a maximum incarceration
penalty in county jail for up to one year
First-degree misdemeanor - ANSWERMaximum one year in county jail fine of
up to $1000 example battery
Second-degree misdemeanor - ANSWERMaximum 60 days in jail and or $500
fine example property damage less than $200
Non-criminal violation - ANSWERA.k.a. civil infraction (not criminal) for which
the only penalty may be a fine, forfeiture, or other civil penalty
Consensual encounter - ANSWEROccurs when an officer comes into voluntary
contact with the person under circumstances in which reasonable person
would feel free to disregard the police and go about his or her business. It
involves no coercion, no detention, and therefore is not a fourth amendment
seizure.
education
Types of law - ANSWERConstitutional law, statutory law, criminal law, civil law,
administrative law, case law
Statutory law - ANSWERIs written by Congress ,state legislatures, or local
governing authorities in response to a perceived need statutory law include
civil criminal administrative and regulatory laws
Civil law - ANSWERtype of law with legal action that a person takes to resolve
a private dispute with another person.
Administrative law - ANSWERThe body of law that allows for creation of
public a regulatory agencies such as Medicaid and Florida administrative
codes for certification and training of law-enforcement officers
Criminal law - ANSWERIdentifies unacceptable behaviors and Punishments
for violations
,Constitutional law - ANSWERPreamble, Bill of Rights, and amendments.
Identifies powers and limitations of each branch (executive, legislative, and
judicial)
Case law - ANSWERFormed by decisions of the court system (judicial branch)
Based on the courts interpretation of constitutional provisions
First Amendment Rights - ANSWERFreedom of speech, press, peaceful
assembly, and religion
Second amendment - ANSWERThe right to bear arms and in Florida the stand
your ground right
Fifth amendment - ANSWERProtection against compelled self-incrimination
and requires jury indictment for capital offenses, prohibits double jeopardy,
and prevents the deprivation of life liberty and property without due process
of law
Sixth Amendment (US Constitution) - ANSWERThe right to be informed of the
nature of charges, receive counsel, undergo a speedy and public trial,
confront witnesses, and face and impartial jury
Eighth amendment - ANSWERProhibits excessive bail, fines, and cruel and
unusual punishment
Due process clause - ANSWERPart of the 14th amendment which states that
no state shall make or enforce any law that abridges the privileges and
immunities of citizens of the United States nor shall any State deprive any
,person of life, liberty, or property without due process of law nor deny any
person within its jurisdiction to the equal protection of the laws
Substantive due process - ANSWERthe law itself is fair-not the procedures-
but the laws
Procedural due process - ANSWERThe requirement that government follow
certain procedures before punishing a person
Offense - ANSWERCriminal or non-criminal acts that are punishable under
Florida law
Felony - ANSWERAny crime committed where maximum penalty is death or
incarceration in a state correctional facility for more than one year
Life felony - ANSWERUp to life in prison or fine of $15,000 or both
Capital felony - ANSWERDeath or life imprisonment without parole such as a
1st° murder. Sexual battery on a child under 12 is also a capital felony but can
only get a life prison sentence not death
1st° felony - ANSWERMax penalty 30 years or $10,000 however kidnapping is
a 1st° felony punishable by life imprisonment
Second-degree felony - ANSWERMaximum 15 years prison and or $10,000
example aggravated battery
, 3rd° felony - ANSWERMaximum five years and or fine of $5000 for example
aggravated assault
Examples of reclassification enhancements
(possibly move a MM to a F) - ANSWERViolent offense against law-
enforcement officers, wearing a mask to conceal identity while committing
felony or misdemeanor, hate crime, possessing weapon while committing
crime, unlawful taking of law-enforcement's fire arm during crime, acts of
terrorism
Misdemeanor - ANSWERCriminal offense with a maximum incarceration
penalty in county jail for up to one year
First-degree misdemeanor - ANSWERMaximum one year in county jail fine of
up to $1000 example battery
Second-degree misdemeanor - ANSWERMaximum 60 days in jail and or $500
fine example property damage less than $200
Non-criminal violation - ANSWERA.k.a. civil infraction (not criminal) for which
the only penalty may be a fine, forfeiture, or other civil penalty
Consensual encounter - ANSWEROccurs when an officer comes into voluntary
contact with the person under circumstances in which reasonable person
would feel free to disregard the police and go about his or her business. It
involves no coercion, no detention, and therefore is not a fourth amendment
seizure.
