Graded A+
Elements to Show Negligence - ANSWER -Duty
Breach
Causation
Damages/injury
Elements needed to show intentional tort - ANSWER -assault
battery
kidnapping
trespass/conversion
malicious prosecution
Elements needed to show a constitutional tort - ANSWER -violation of
constitutional rights
under color of law
causation
damages
Defenses against tort claims - ANSWER -Technical defenses
-improper service
improper venue
-lack of jurisdiction
-statute of limitations
Substantive defenses
-failure to state a claim
Who is entitled to absolute immunity? - ANSWER -judges
court employees
prosecutors
parole board
president
legislators
,witnesses
Immunity applying to peace officers &
test to determine immunity - ANSWER -Probations officers preparing reports
Was there a constitutional violation
Should the officer have known this?
methods of serving a civil process document - ANSWER --serving individual
personally
-leaving copies at individuals house
-giving to someone 15 years or older
peace officers authority to act in attempting a "service" - ANSWER -writes of
assistance
general execution
replevin
order of delivery
define injunction - ANSWER -command to refrain from a particular act.
standards of conduct while serving a civil document - ANSWER --neutrality
-methods
-when unusable to enforce/execute
-use of force
-interpretation of directives/orders
who does domestic abuse laws apply to? - ANSWER -intimate partner
family
household member
different types of VPO - ANSWER -emergency ex-parte
VPO
offender violates VPO
, Branches of Government - ANSWER -Legislative, Executive, Judicial
Criminal Justice System - ANSWER -police, courts, corrections
Where criminal laws are found? - ANSWER -constitution & constitutional
amendments
what is the purpose of criminal law? - ANSWER -no crime unless a punishment is
specified
define a private wrong - ANSWER -violation of duty imposed by general law
definition of a crime - ANSWER -act or omission forbidden by law or penal
sanctions
Levels of Proof - ANSWER --preponderance of evidence (Civil)
-Mere suspicion
-Reasonable suspicion (terry stops/frisks)
-probable cause (arrest, warrants, searches)
-clear & convincing (admin hearings)
-beyond a reasonable doubt (convict)
Types of punishment - ANSWER --Death Penalty
Incarceration
-fine
-removal from office
-disqualification
classifications of crimes - ANSWER --social harms
-nature of the act performed
-seriousness of crime
-degree of criminality
-felonies/misdemearors
nature of the offense