CLEET Law Block Test Bank Completely Verified Answers

The 3 components of the justice system: - ANSWER-1. Executive 2. Legislative 3. Judicial The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures; shall not be violated, and no warrants shall issue, but upon probable cause; supported by Oath or affirmation, and particularly describing the place to be searched, and the things to be seized - ANSWER-4th Amendment the legal form of the law as passed by the legislature - ANSWER-Statutory law those cases where the OK supreme court and the court of criminal appeals have interpreted statutory law in very specific cases - ANSWER-Case Law No crime or punishment without the existence of a ___________ that prohibits the act, and a set punishment. - ANSWER-law Laws must be passed BEFORE the illegal act, so there can be no ex _______ ________ law - ANSWER-post facto All crimes are a violations of the rules of society. They tend to destroy the conditions of: - ANSWER-safety welfare integrity of the community and the individual. An act or omission, forbidden by law, to which government applies monetary and/or penal sanctions: - ANSWER-Crime Punishments for crimes: - ANSWER-1. Death 2. imprisonment 3. fine 4. removal from office 5. disqualification from holding an office of honor or trust Crimes are divided into two classifications: - ANSWER-Felony Misdemeanors State statute 21 covers: - ANSWER-Crimes Felonies, breaches of public order, injuries to persons and property, outrages upon public decency and morality, including any crime that is "bad" or inherently wrong - ANSWER-Mala en se offenses that are wrong by statute: - ANSWER-mala prohibita For a person to be criminally liable, there must be: (7 things) - ANSWER-1. there must be a law prohibiting the action 2. the law must impose a punishment for the crime 3. there must be an act or omission 4. the intent to commit an act or omission 5. the concurrence of act and intent 6. causation 7. result Elements of a crime: 5 things - ANSWER-1. Voluntary and intentional commission of an act or omission 2. committed by a person capable of performing the act 3. law must prohibit it 4. must be a punishment 5. enforceable by the state All persons who, after the commission of a crime, conceal or aid the offender, with knowledge that the offender committed a crime, and with the intent that the offender may avoid or escape from arrest, trial, conviction, or punishment. - ANSWER-Accessories 1. Judge can be a non-lawyer 2. May fine up to $50 3. may not assess jail time except for willful failure to pay the fines and costs 4. jurisdiction over juveniles limited to traffic only 5. may not provide jury trials - ANSWER-Municipal court not of record non-lawyer judge 1. Judge is a lawyer 2. may fine up to $500 3. may assess up to 30 days in jail 4. may provide jury trials 5. juvenile jurisdiction is limited, may not jail them - ANSWER-municipal court not-of-record lawyer judge Municipal Court of record: - ANSWER-1. Minimum of 65,000 population 2. judge is a lawyer 3. in most cases may fine up to $1200, very specific exceptions 4. may assess up to 180 days in jail, very specific exceptions 5. jurisdiction over juveniles is limited, may not jail