Legal Block C.L.E.E.T. Exam Questions and Answers
What are the three primary factors that influence criminal jurisdiction in Indian
country? - ANSWER -impact 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
Statutes
What 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
interrogated
Who can issue a Search Warrant? - ANSWER -The Judge of a Court having
jurisdiction
What are the three primary factors that influence criminal jurisdiction in Indian
country? - ANSWER -impact 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
Statutes
What 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
interrogated
Who can issue a Search Warrant? - ANSWER -The Judge of a Court having
jurisdiction
