FDLE Legal Exam Questions And Answers With Verified Solutions
A Building; temporary or permanent. - Structure A rule you are required to follow unless a higher court changes the rule. - Precedent Acting within the Scope of Employment - the range of reasonable and foreseeable activities that an employee does while carrying out the employer's business. Administrative Law - Body of law that allows for the creation of public regulatory agencies Admissibility of Evidence - Refers to the legal requirements that must be met before a jury is allowed to see or hear about the evidence. Article VI Supremacy Clause - States that federal law generally overrules state and local law. State law can be more restrictive than federal law. Assault s. 784.011 F.S. - 1. Treated by word/act to do violence to victim. 2. Have ability to carry out threat. 3. Victim was in fear violence would take place. Battery s. 784.03 F.S. - 1. Struck or touched victim against their will 2. Cause bodily harm to victim BOLO - Be on the look out Building or conveyance designed to be occupied by people lodging therein at night. - Dwelling Burglary s. 810.02 F.S. - Takes personal property while the person is NOT present.1. Entered structure/conveyance 2. Defendant had intent 3. Defendant was not invited to enter/ was not open to the public. Carroll Doctrine - The principle that an LEO may search a vehicle or other mobile conveyance without a warrant if there is a probable cause. Case Law - Formed by the decisions of the court system based on their interpretation of constitutional provisions Case law and statues allow officers to search for these items: - 1. Dangerous Weapons 2. Fruits of the crime - objects obtained by suspect the as a result of committing the crime 3. Instruments of the crime - objects USED to commit the crime 4. Contraband - anything illegal to posses 5. Evidence 6. Items defined by statue chapter 933 F.S. 7. Suspects Child, juvenile, or youth - any person under the age of 18 or any person who is alleged to have committed a violation of law occurring prior to the time that person reached the age of 18 years. Civil Law - Legal action that a person takes to resolve a private dispute with another person. Civil Liability - Responsibility for a wrongful act or an omission that requires a PERSON or property and most often involves negligence Civil/Criminal Offense - Civil penalty of up to $500 or imprisonment of up to 60 days, or bothColor of Law - when an officer acts or purports to act in the performance of official duties under any law, ordinance, or regulation
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