MCOLES 2023 Exam Review with Complete Solutions

4th Amendment - ANSWER-Freedom from unreasonable searches and seizures 5th Amendment - ANSWER-The Right to Remain Silent/Double Jeopardy, right to due process 6th Amendment - ANSWER-Right to a speedy trial 14th Amendment - ANSWER-Expands and reinforces due process Procedural Due Process - ANSWER-This is the procedure that the government has to follow while it is seeking to deprive people of their life, liberty, or property (examples: right to counsel, right to a jury trial, rights against self-incrimination) Substantive Due Process - ANSWER-This is the actual power of the government to deprive people of their life, liberty, or property. In general, the more of a person's life, liberty, or property will be affected, the more compelling the government's reason for the law must be. District Court - ANSWER--Hears small claims up to $5,000 -Hears law suits up to $25,000 or less -Hears criminal trials for 1-year misdemeanors or less -Holds all arraignments Circuit Court - ANSWER--Hears civil suits of more that $25,000 -Hears felonies and high court misdemeanors -Distributes PPO's Actus Reus - ANSWER-guilty act Mens Rea - ANSWER-guilty mind/criminal intent Specific Intent - ANSWER-Not only does the prosecutor have to prove that the defendant did certain acts, but also that he did the acts with the intent to cause a particular result General Intent - ANSWER-The defendant intended to do the act, but did not intend to cause a particular result Corpus Delicti - ANSWER-Body of the crime (the elements)