Legal Block: C.L.E.E.T. Exam Questions And Answers Rated 100% Correct!!

Searches and seizures conducted outside the judicial process, without prior approval by a neutral and detached judge or magistrate, are "per se" unreasonable_______. - Answer-under the Fourth Amendment - subject only to a few specifically established and well-delineated exceptions Hearsay is _____. - Answer-second hand information. Which class of person may not be permitted to testify as "lay" (non-expert) witnesses? - AnswerPersons who have no knowledge of the facts 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 - Answer-The District Attorney may file a Motion to Revoke What are the three primary factors that influence criminal jurisdiction in Indian country? - Answerimpact of sovereign status, Plenary Power of Congress, and U.S. Supreme Court interpretations of Indian law What is an Indian country as defined by 18 US Code § 1151? - Answer-within the limits of any Indian reservation under the jurisdiction of the U.S. 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? - Answer-Indian Country Crimes Act, Major Crimes Act, and 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. - Answer-Assimilative Crimes Act William Tomahawks, a non-Indian, commits a burglary on the Muscogee (Creek) Nation property. How will the elements of the crime be defined, and which guidelines will be used for sanctions if found guilty? - Answer-Only Oklahoma StatutesWhat are at least two ways to establish who is considered to be an Indian, for the purposes of criminal jurisdiction in Indian Country - Answer-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 the Oklahoma driver's license requirement if ________? - Answer-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 _____ - Answer-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 - Answer-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 10:00 pm when the - Answer-warrant states it may be served at any time of day or night In 1914 the federal case of Weeks v. U.S. established the "exclusionary rule" in Federal Courts. The ruling means that if a peace officer obtains evidence unlawfully the evidence - Answer-may not be used in court In the United States Supreme Court Case, U.S. v. Havens, the court held that illegally seized evidence ________ be used in court ____ - Answer-Could / To impeach the witness because preventing perjury is so important In Mapp v. Ohio, the evidence was suppressed because _____ - Answer-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____ - Answer-It will deter peace officers from illegally seizing evidence, because the officers know the evidence will not be admissible In Miranda vs. Arizona the court assured a criminal defendant the right to ______ when said defendant was ________ - Answer-an attorney/custodially interrogatedWho can issue a Search Warrant? - Answer-The Judge of a Court having jurisdiction For evidence to be admissible it must be relevant, ________. - Answer-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 - Answer-"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 _______ - Answer-should acquit When the court accepts a fact as true, because it cannot be seriously disputed, that is known as - - Answer-Judicial notice Ted broke into Sally's apartment at 4:30 a.m. while Sally was sleeping. While in the apartment, Ted intentionally set Sally's bed on fire. The crime that Ted would most properly be charged with is - Answer-arson in the first degree Sam is standing in the middle of his living room holding a .45 semiautomatic pistol when you lawfully enter his residence to serve a court summons. You are aware that Sam has been convicted of a felony and has not been pardoned. Sam has committed - Answer-a felony