CLEET - Legal Block Notes
Identify the distinction between Statutory and Case Law ( page 3 ) - ANS -Statutory law
is legislation where case law is created when court of criminal appeals has set a
precedent by make a specific determination of the meaning of legislation
Identify the difference between a private wrong and a crime ( page 3 ) - ANS -Wrong is
a breach of duty imposed by law. ( you did something wrong )
Private wrong is a TORT ( civil wrong ) - you did or failed to do something you were
supposed to do or not do by law but was not criminal.
Public wrong is a crime ( criminal wrong ) - you did or failed to do something you were
supposed to do by law.
Identify the definition of a crime ( page 3 ) - ANS -CRIME: "AN ACT OF OMISSION,
FORBIDDEN BY LAW, TO WHICH GOVERNMENT APPLIES A MONETARY AND/OR
PENAL SANCTIONS."
Identify the forms of punishment by which a crime may be punished ( page 4 ) - ANS
-Fine,
imprisonment,
Death,
removal from office,
disqualification to hold office
Identify those punishments which may only be conferred upon conviction of a felony (
page 4 ) - ANS -Fine,
imprisonment for more than 1 year,
death
Identify mala in se or mala prohibita crimes when given examples. ( page 5 ) - ANS
-Mala in se: inherently wrong crimes such as felonies, breaches of public order, injuries
to persons and property, outrages upon public decency and morality ( bad crimes in and
of themselves )
,Mala prohibita: crimes because they are prohibited but not necessarily wrong.
examples would be speeding, parking in handicapped spaces, public intoxication.
Where there is no real victim
Identify the requisite elements of a crime ( page 7 ) - ANS -1. The voluntary and
intentional commission or omission of an act or conduct by a person legally capable of
performing such an act.
2. The existence of a law commanding or prohibiting that act or conduct and the
existence of a law that prescribed punishment for the act or conduct which is
enforceable by the state.
Identify the distinctions between a principal and an accessory to a crime ( page 7 ) -
ANS -Principal: All persons concerned in the commission of a crime, whether felony or
misdemeanor, and whether they directly commit the act constituting the offense, or aid
and abet in its commission, through not present.
Accessories: After the commission of any felony, conceal or aid the offender, with
knowledge that he has committed a felony and with the intent that he may avoid or
escape from arrest, trial, conviction or punishment. There are no accessory charges for
misdemeanors.
Given a list of court's powers and limitations, identify the applicable type of Municipal
Court
( page 8 ) - ANS -Court not of record - non lawyer judge, fine up to $50.00, no jail able
powers except for willful failure to pay and contempt of court.
Court not of record- Lawyer Judge, fine up to $200.00, up to 30 days in jail, provide jury
trials, juvenile jurisdiction for traffic only and may not jail them.
Court of record- Same as a lawyer judge, court not of record except may fine up to
$500.00 and 90 days in jail.
District court- Court of General jurisdiction, unlimited jurisdiction over all justifiable
matters, may issue writs, judgments and decrees. Has appellate jurisdiction in cases
appealed from municipal courts not of record from within the county where the district
court sits. Trial de Novo is given.
Court of Criminal Appeals: Judges are lawyers, have appellate jurisdiction in all criminal
matters, may impanel a jury where court has original jurisdiction.
,Identify the types of courts in Oklahoma that hear criminal matters and the role each
plays in the criminal justice system. - ANS -Municipal courts
District Courts
Court of Criminal Appeals
Identify the functions of the following in the criminal justice system: peace officers,
attorneys and judges, and corrections officers. - ANS -Peace officers: Enforce the law
Lawyers and Judges: Administer the law
Corrections officers: Enforce punishment
4th amendment - ANS -Right to be secure. Warrants on probable cause. Warrants shall
describe place and what to seize.
5th amendment - ANS -Right to remain silent. Due process
6th amendment - ANS -Assistance of counsel
8th amendment - ANS -No cruel and unusual punishments
14th amendment - ANS -Citizenship, due process, equal protection AND applies those
to the States
No criminal law without... - ANS -Legislative act
No punishment without... - ANS -Law which specifies punishment
No crime without... - ANS -A specified punishment
Classifications of crimes are based on: - ANS -Nature of offense
Extent of punishment
Before a person can be criminally liable for an act or omission there must be: - ANS -A
law prohibiting the action
The law must impose penalties for violation
There must be an act or omission
The concurrence of act and intent
Causation
Result
, The elements of a crime are: - ANS -The voluntary and intentional commission of an
act or omission or conduct by:
A person legally capable of performing such an act
The existence of a statute commanding or prohibiting the act or conduct
The existence of a law that prescribes punishment for the act or conduct
The 3 components of the justice system: - ANS -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 - ANS -4th
Amendment
the legal form of the law as passed by the legislature - ANS -Statutory law
those cases where the OK supreme court and the court of criminal appeals have
interpreted statutory law in very specific cases - ANS -Case Law
No crime or punishment without the existence of a ___________ that prohibits the act,
and a set punishment. - ANS -law
Laws must be passed BEFORE the illegal act, so there can be no ex _______
________ law - ANS -post facto
All crimes are violations of the rules of society. They tend to destroy the conditions of: -
ANS -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: - ANS -Crime
Punishments for crimes: - ANS -1. Death
2. imprisonment
3. fine
4. removal from office
5. disqualification from holding an office of honor or trust
Identify the distinction between Statutory and Case Law ( page 3 ) - ANS -Statutory law
is legislation where case law is created when court of criminal appeals has set a
precedent by make a specific determination of the meaning of legislation
Identify the difference between a private wrong and a crime ( page 3 ) - ANS -Wrong is
a breach of duty imposed by law. ( you did something wrong )
Private wrong is a TORT ( civil wrong ) - you did or failed to do something you were
supposed to do or not do by law but was not criminal.
Public wrong is a crime ( criminal wrong ) - you did or failed to do something you were
supposed to do by law.
Identify the definition of a crime ( page 3 ) - ANS -CRIME: "AN ACT OF OMISSION,
FORBIDDEN BY LAW, TO WHICH GOVERNMENT APPLIES A MONETARY AND/OR
PENAL SANCTIONS."
Identify the forms of punishment by which a crime may be punished ( page 4 ) - ANS
-Fine,
imprisonment,
Death,
removal from office,
disqualification to hold office
Identify those punishments which may only be conferred upon conviction of a felony (
page 4 ) - ANS -Fine,
imprisonment for more than 1 year,
death
Identify mala in se or mala prohibita crimes when given examples. ( page 5 ) - ANS
-Mala in se: inherently wrong crimes such as felonies, breaches of public order, injuries
to persons and property, outrages upon public decency and morality ( bad crimes in and
of themselves )
,Mala prohibita: crimes because they are prohibited but not necessarily wrong.
examples would be speeding, parking in handicapped spaces, public intoxication.
Where there is no real victim
Identify the requisite elements of a crime ( page 7 ) - ANS -1. The voluntary and
intentional commission or omission of an act or conduct by a person legally capable of
performing such an act.
2. The existence of a law commanding or prohibiting that act or conduct and the
existence of a law that prescribed punishment for the act or conduct which is
enforceable by the state.
Identify the distinctions between a principal and an accessory to a crime ( page 7 ) -
ANS -Principal: All persons concerned in the commission of a crime, whether felony or
misdemeanor, and whether they directly commit the act constituting the offense, or aid
and abet in its commission, through not present.
Accessories: After the commission of any felony, conceal or aid the offender, with
knowledge that he has committed a felony and with the intent that he may avoid or
escape from arrest, trial, conviction or punishment. There are no accessory charges for
misdemeanors.
Given a list of court's powers and limitations, identify the applicable type of Municipal
Court
( page 8 ) - ANS -Court not of record - non lawyer judge, fine up to $50.00, no jail able
powers except for willful failure to pay and contempt of court.
Court not of record- Lawyer Judge, fine up to $200.00, up to 30 days in jail, provide jury
trials, juvenile jurisdiction for traffic only and may not jail them.
Court of record- Same as a lawyer judge, court not of record except may fine up to
$500.00 and 90 days in jail.
District court- Court of General jurisdiction, unlimited jurisdiction over all justifiable
matters, may issue writs, judgments and decrees. Has appellate jurisdiction in cases
appealed from municipal courts not of record from within the county where the district
court sits. Trial de Novo is given.
Court of Criminal Appeals: Judges are lawyers, have appellate jurisdiction in all criminal
matters, may impanel a jury where court has original jurisdiction.
,Identify the types of courts in Oklahoma that hear criminal matters and the role each
plays in the criminal justice system. - ANS -Municipal courts
District Courts
Court of Criminal Appeals
Identify the functions of the following in the criminal justice system: peace officers,
attorneys and judges, and corrections officers. - ANS -Peace officers: Enforce the law
Lawyers and Judges: Administer the law
Corrections officers: Enforce punishment
4th amendment - ANS -Right to be secure. Warrants on probable cause. Warrants shall
describe place and what to seize.
5th amendment - ANS -Right to remain silent. Due process
6th amendment - ANS -Assistance of counsel
8th amendment - ANS -No cruel and unusual punishments
14th amendment - ANS -Citizenship, due process, equal protection AND applies those
to the States
No criminal law without... - ANS -Legislative act
No punishment without... - ANS -Law which specifies punishment
No crime without... - ANS -A specified punishment
Classifications of crimes are based on: - ANS -Nature of offense
Extent of punishment
Before a person can be criminally liable for an act or omission there must be: - ANS -A
law prohibiting the action
The law must impose penalties for violation
There must be an act or omission
The concurrence of act and intent
Causation
Result
, The elements of a crime are: - ANS -The voluntary and intentional commission of an
act or omission or conduct by:
A person legally capable of performing such an act
The existence of a statute commanding or prohibiting the act or conduct
The existence of a law that prescribes punishment for the act or conduct
The 3 components of the justice system: - ANS -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 - ANS -4th
Amendment
the legal form of the law as passed by the legislature - ANS -Statutory law
those cases where the OK supreme court and the court of criminal appeals have
interpreted statutory law in very specific cases - ANS -Case Law
No crime or punishment without the existence of a ___________ that prohibits the act,
and a set punishment. - ANS -law
Laws must be passed BEFORE the illegal act, so there can be no ex _______
________ law - ANS -post facto
All crimes are violations of the rules of society. They tend to destroy the conditions of: -
ANS -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: - ANS -Crime
Punishments for crimes: - ANS -1. Death
2. imprisonment
3. fine
4. removal from office
5. disqualification from holding an office of honor or trust
