SFO EXAM 1- {144} QUESTIONS AND
VERIFIED ANSWERS
How does the Constitution preserve citizens' rights? ANSWER: By restricting the
government's authority.
Three areas of government - ANSWER legislative (making laws)
Executive (enforcing laws)
judiciary (judges and interpret laws)
What does the Constitution take precedence over? ANSWER: federal and state
statutes
Local laws and ordinances.
First Amendment - ANSWER Freedom of Religion, Speech, Press, Assembly, and
Petition.
Second Amendment - ANSWER: controlled militia, bear arms
Third Amendment - ANSWER: No quartering of soldiers.
4th Amendment - ANSWER: Protection against unreasonable searches and seizures
Fifth Amendment - ANSWER right to remain silent, grand jury indictment, double
jeopardy.
6th Amendment - ANSWER: quick trial, confronting witnesses, right to an
attorney.
,7th Amendment - ANSWER more than $20, the right to trial by jury
8th Amendment - ANSWER: No excessive bail, right to reasonable bail, freedom
from harsh and unusual punishment.
9th Amendment - ANSWER essential rights are preserved even if they are not
explicitly enumerated.
10th Amendment - ANSWER: The powers not assigned by the United States
Constitution are reserved to the states. Reservation of powers to the states and
people
14th Amendment - ANSWER: If you are born naturalized, you are protected. Equal
protection under the law
The exclusionary rule states that any infringement of constitutional rights is omitted
from court proceedings. This frequently leads in the loss of the case.
Justice of the Peace Courts - ANSWER The lowest court, with jurisdiction for B
and C crimes, infractions, and traffic offenses (16-18 years old) worth $10,000 or
less, will be in Justice Courts. May issue search and arrest warrants. Conflict
resolution court
Juvenile courts - ANSWER: District court, under 18 years. Exemption 16 and older
who commit murder, serious murder, previously sentenced to secure custody, or
certified to answer charges as an adult.
District courts have extensive authority over civil and criminal cases and consider
appeals from lower court or administrative sessions. Trial De Novo re-trial
Trial de novo - Answer re-trial
, Utah Court of Appeals has jurisdiction over the whole state of Utah, including
district and juvenile courts. Criminal matters are smaller than a first-degree offense.
Utah Supreme Court - ANSWER handles appeals from the Utah Court of Appeals,
including first-degree and capital cases. jurisdiction over lawyer disciplinary
matters
Federal Courts - ANSWER magistrate = justice of the peace court. Circuit Court of
Appeals. Twelve geographic circuits.
Garrity v. New Jersey - ANSWER Compelled to Answer Truthfully
Self-defense Law - Reasonable
necessary
imminent
Unlawful force
Defense of Habitation - ANSWER access your house violently and chaotically,
covertly or by stealth, you can use fatal force; aberrant is not a choice.
ANSWER: In a negligence case against a peace officer, the plaintiff bears the
burden of proof.
In civil liability situations, the degree of proof required is a preponderance of
evidence.
VERIFIED ANSWERS
How does the Constitution preserve citizens' rights? ANSWER: By restricting the
government's authority.
Three areas of government - ANSWER legislative (making laws)
Executive (enforcing laws)
judiciary (judges and interpret laws)
What does the Constitution take precedence over? ANSWER: federal and state
statutes
Local laws and ordinances.
First Amendment - ANSWER Freedom of Religion, Speech, Press, Assembly, and
Petition.
Second Amendment - ANSWER: controlled militia, bear arms
Third Amendment - ANSWER: No quartering of soldiers.
4th Amendment - ANSWER: Protection against unreasonable searches and seizures
Fifth Amendment - ANSWER right to remain silent, grand jury indictment, double
jeopardy.
6th Amendment - ANSWER: quick trial, confronting witnesses, right to an
attorney.
,7th Amendment - ANSWER more than $20, the right to trial by jury
8th Amendment - ANSWER: No excessive bail, right to reasonable bail, freedom
from harsh and unusual punishment.
9th Amendment - ANSWER essential rights are preserved even if they are not
explicitly enumerated.
10th Amendment - ANSWER: The powers not assigned by the United States
Constitution are reserved to the states. Reservation of powers to the states and
people
14th Amendment - ANSWER: If you are born naturalized, you are protected. Equal
protection under the law
The exclusionary rule states that any infringement of constitutional rights is omitted
from court proceedings. This frequently leads in the loss of the case.
Justice of the Peace Courts - ANSWER The lowest court, with jurisdiction for B
and C crimes, infractions, and traffic offenses (16-18 years old) worth $10,000 or
less, will be in Justice Courts. May issue search and arrest warrants. Conflict
resolution court
Juvenile courts - ANSWER: District court, under 18 years. Exemption 16 and older
who commit murder, serious murder, previously sentenced to secure custody, or
certified to answer charges as an adult.
District courts have extensive authority over civil and criminal cases and consider
appeals from lower court or administrative sessions. Trial De Novo re-trial
Trial de novo - Answer re-trial
, Utah Court of Appeals has jurisdiction over the whole state of Utah, including
district and juvenile courts. Criminal matters are smaller than a first-degree offense.
Utah Supreme Court - ANSWER handles appeals from the Utah Court of Appeals,
including first-degree and capital cases. jurisdiction over lawyer disciplinary
matters
Federal Courts - ANSWER magistrate = justice of the peace court. Circuit Court of
Appeals. Twelve geographic circuits.
Garrity v. New Jersey - ANSWER Compelled to Answer Truthfully
Self-defense Law - Reasonable
necessary
imminent
Unlawful force
Defense of Habitation - ANSWER access your house violently and chaotically,
covertly or by stealth, you can use fatal force; aberrant is not a choice.
ANSWER: In a negligence case against a peace officer, the plaintiff bears the
burden of proof.
In civil liability situations, the degree of proof required is a preponderance of
evidence.
