MCOLES Review UPDATED ACTUAL
Exam Questions and CORRECT Answers
4th Amendment - CORRECT ANSWER - Freedom from unreasonable searches and
seizures
5th Amendment - CORRECT ANSWER - The Right to Remain Silent/Double Jeopardy,
right to due process
6th Amendment - CORRECT ANSWER - Right to a speedy trial
14th Amendment - CORRECT ANSWER - Expands and reinforces due process
Procedural Due Process - CORRECT ANSWER - This is the procedure that the
government has to follow while it is seeking to deprive people of their life, liberty, or property
(examples: right to counsel, right to a jury trial, rights against self-incrimination)
Substantive Due Process - CORRECT ANSWER - This is the actual power of the
government to deprive people of their life, liberty, or property. In general, the more of a person's
life, liberty, or property will be affected, the more compelling the government's reason for the
law must be.
District Court - CORRECT ANSWER - -Hears small claims up to $5,000
-Hears law suits up to $25,000 or less
-Hears criminal trials for 1-year misdemeanors or
less
-Holds all arraignments
Circuit Court - CORRECT ANSWER - -Hears civil suits of more that $25,000
-Hears felonies and high court misdemeanors
,-Distributes PPO's
Actus Reus - CORRECT ANSWER - guilty act
Mens Rea - CORRECT ANSWER - guilty mind/criminal intent
Specific Intent - CORRECT ANSWER - Not only does the prosecutor have to prove that
the defendant did certain acts, but also that he did the acts with the intent to cause a particular
result
General Intent - CORRECT ANSWER - The defendant intended to do the act, but did not
intend to cause a particular result
Corpus Delicti - CORRECT ANSWER - Body of the crime (the elements)
Attempt - CORRECT ANSWER - 1. Defendant intended to commit and offense
2. Defendant took some action toward
committing the alleged crime but failed to
complete the crime. Planning/prep is not
considered and attempt. The action must go
to the point where the crime would have
been completed if it had not been
interrupted by outside circumstances.
Conspiracy - CORRECT ANSWER - 1. The defendant and one of more persons
knowingly agreed to commit a crime
2. The defendant specifically intended to commit or help commit that crime
Assault - CORRECT ANSWER - - 93-day misdemeanor
, 1. The defendant either attempted to commit a battery or did and act that would cause a
reasonable person to fear and immediate battery.
2. The defendant indented either to commit a battery or to make the victim reasonably fear an
immediate battery.
3. The defendant, at the time, had the ability to commit a battery, appeared to have the ability, or
thought he had the ability.
Assault and Battery - CORRECT ANSWER - - 93-day misdemeanor
1. The defendant committed a battery on the victim. The battery must have been intentional and
must have been against the victim's will. It doesn't matter if this caused injury or not.
2. The defendant intended to commit a battery upon the victim, or at least make the victim fear
and immediate battery.
Assault of a Police Officer - CORRECT ANSWER - 1. The defendant assaulted, battered,
wounded, resisted, obstructed, or endangered a police officer.
2. The defendant knew or had reason to believe that the person was a police officer performing
his duties at the time.
Felonious Assault - CORRECT ANSWER - 1. Defendant committed/attempted to commit
a batter or committed an act that would make a reasonable person fearful of an immediate
battery.
2. The defendant intended to injure or make the victim reasonably fear an immediate battery.
3. The defendant had the ability, appeared to have the ability, or though he had the ability to
commit a battery.
4. The defendant committed the assault with a dangerous weapon (including firearm, knife,
bombs, steel toe boots, etc.)
Assault with Intent to Murder - CORRECT ANSWER - 1. Defendant tried to physically
injure another person.
2. When defendant committed the assault, he had the ability, or believed he had the ability to
cause an injury.
3. Defendant intended to kill the person assaulted.
Exam Questions and CORRECT Answers
4th Amendment - CORRECT ANSWER - Freedom from unreasonable searches and
seizures
5th Amendment - CORRECT ANSWER - The Right to Remain Silent/Double Jeopardy,
right to due process
6th Amendment - CORRECT ANSWER - Right to a speedy trial
14th Amendment - CORRECT ANSWER - Expands and reinforces due process
Procedural Due Process - CORRECT ANSWER - This is the procedure that the
government has to follow while it is seeking to deprive people of their life, liberty, or property
(examples: right to counsel, right to a jury trial, rights against self-incrimination)
Substantive Due Process - CORRECT ANSWER - This is the actual power of the
government to deprive people of their life, liberty, or property. In general, the more of a person's
life, liberty, or property will be affected, the more compelling the government's reason for the
law must be.
District Court - CORRECT ANSWER - -Hears small claims up to $5,000
-Hears law suits up to $25,000 or less
-Hears criminal trials for 1-year misdemeanors or
less
-Holds all arraignments
Circuit Court - CORRECT ANSWER - -Hears civil suits of more that $25,000
-Hears felonies and high court misdemeanors
,-Distributes PPO's
Actus Reus - CORRECT ANSWER - guilty act
Mens Rea - CORRECT ANSWER - guilty mind/criminal intent
Specific Intent - CORRECT ANSWER - Not only does the prosecutor have to prove that
the defendant did certain acts, but also that he did the acts with the intent to cause a particular
result
General Intent - CORRECT ANSWER - The defendant intended to do the act, but did not
intend to cause a particular result
Corpus Delicti - CORRECT ANSWER - Body of the crime (the elements)
Attempt - CORRECT ANSWER - 1. Defendant intended to commit and offense
2. Defendant took some action toward
committing the alleged crime but failed to
complete the crime. Planning/prep is not
considered and attempt. The action must go
to the point where the crime would have
been completed if it had not been
interrupted by outside circumstances.
Conspiracy - CORRECT ANSWER - 1. The defendant and one of more persons
knowingly agreed to commit a crime
2. The defendant specifically intended to commit or help commit that crime
Assault - CORRECT ANSWER - - 93-day misdemeanor
, 1. The defendant either attempted to commit a battery or did and act that would cause a
reasonable person to fear and immediate battery.
2. The defendant indented either to commit a battery or to make the victim reasonably fear an
immediate battery.
3. The defendant, at the time, had the ability to commit a battery, appeared to have the ability, or
thought he had the ability.
Assault and Battery - CORRECT ANSWER - - 93-day misdemeanor
1. The defendant committed a battery on the victim. The battery must have been intentional and
must have been against the victim's will. It doesn't matter if this caused injury or not.
2. The defendant intended to commit a battery upon the victim, or at least make the victim fear
and immediate battery.
Assault of a Police Officer - CORRECT ANSWER - 1. The defendant assaulted, battered,
wounded, resisted, obstructed, or endangered a police officer.
2. The defendant knew or had reason to believe that the person was a police officer performing
his duties at the time.
Felonious Assault - CORRECT ANSWER - 1. Defendant committed/attempted to commit
a batter or committed an act that would make a reasonable person fearful of an immediate
battery.
2. The defendant intended to injure or make the victim reasonably fear an immediate battery.
3. The defendant had the ability, appeared to have the ability, or though he had the ability to
commit a battery.
4. The defendant committed the assault with a dangerous weapon (including firearm, knife,
bombs, steel toe boots, etc.)
Assault with Intent to Murder - CORRECT ANSWER - 1. Defendant tried to physically
injure another person.
2. When defendant committed the assault, he had the ability, or believed he had the ability to
cause an injury.
3. Defendant intended to kill the person assaulted.
