CLEET Legal Block
What is a tort? - ANS -A civil wrong
Burden of proof in a civil case - ANS -preponderance of the evidence
What is a crime? - ANS -criminal wrong, offense against the public
Burden of proof in a criminal matter - ANS -beyond a reasonable doubt
Elements to Show Negligence - ANS -Duty
Breach
Causation
Damages/injury
Elements needed to show intentional tort - ANS -assault
battery
kidnapping
trespass/conversion
malicious prosecution
Elements needed to show a constitutional tort - ANS -violation of constitutional rights
under color of law
causation
damages
Defenses against tort claims - ANS -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? - ANS -judges
court employees
prosecutors
parole board
president
legislators
witnesses
, Immunity applying to peace officers &
test to determine immunity - ANS -Probations officers preparing reports
Was there a constitutional violation
Should the officer have known this?
methods of serving a civil process document - ANS --serving individual personally
-leaving copies at individuals house
-giving to someone 15 years or older
peace officers authority to act in attempting a "service" - ANS -writs of assistance
general execution
replevin
order of delivery
define injunction - ANS -command to refrain from a particular act.
standards of conduct while serving a civil document - ANS --neutrality
-methods
-when unusable to enforce/execute
-use of force
-interpretation of directives/orders
Who does domestic abuse laws apply to? - ANS -intimate partner
family
household member
different types of VPO - ANS -emergency ex-parte
VPO
offender violates VPO
Branches of Government - ANS -Legislative, Executive, Judicial
Criminal Justice System - ANS -police, courts, corrections
Where criminal laws are found? - ANS -constitution & constitutional amendments
What is the purpose of criminal law? - ANS -no crime unless a punishment is specified
define a private wrong - ANS -violation of duty imposed by general law
definition of a crime - ANS -act or omission forbidden by law or penal sanctions
What is a tort? - ANS -A civil wrong
Burden of proof in a civil case - ANS -preponderance of the evidence
What is a crime? - ANS -criminal wrong, offense against the public
Burden of proof in a criminal matter - ANS -beyond a reasonable doubt
Elements to Show Negligence - ANS -Duty
Breach
Causation
Damages/injury
Elements needed to show intentional tort - ANS -assault
battery
kidnapping
trespass/conversion
malicious prosecution
Elements needed to show a constitutional tort - ANS -violation of constitutional rights
under color of law
causation
damages
Defenses against tort claims - ANS -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? - ANS -judges
court employees
prosecutors
parole board
president
legislators
witnesses
, Immunity applying to peace officers &
test to determine immunity - ANS -Probations officers preparing reports
Was there a constitutional violation
Should the officer have known this?
methods of serving a civil process document - ANS --serving individual personally
-leaving copies at individuals house
-giving to someone 15 years or older
peace officers authority to act in attempting a "service" - ANS -writs of assistance
general execution
replevin
order of delivery
define injunction - ANS -command to refrain from a particular act.
standards of conduct while serving a civil document - ANS --neutrality
-methods
-when unusable to enforce/execute
-use of force
-interpretation of directives/orders
Who does domestic abuse laws apply to? - ANS -intimate partner
family
household member
different types of VPO - ANS -emergency ex-parte
VPO
offender violates VPO
Branches of Government - ANS -Legislative, Executive, Judicial
Criminal Justice System - ANS -police, courts, corrections
Where criminal laws are found? - ANS -constitution & constitutional amendments
What is the purpose of criminal law? - ANS -no crime unless a punishment is specified
define a private wrong - ANS -violation of duty imposed by general law
definition of a crime - ANS -act or omission forbidden by law or penal sanctions
