2023//2024 Missouri POST Test Study Guide

Tort - ANSWER A private or civil wrong or injury, other than a breach of contract. Preponderance of evidence - ANSWER The amount of information needed to decide in favor of a party in a civil suit. It consists of more than fifty percent of the believable evidence in favor of the party's suit or defense. One more fact than the other party has established. Proof beyond a reasonable doubt - ANSWER The amount of information needed to convict a person of a crime. It is enough evidence to eliminate all reasonable objections to the prosecution's case against a suspect. It is not absolute proof, but it is more than probable cause. Summons - ANSWER Papers requiring you to appear in civil or criminal court. Bill of Rights - ANSWER First 10 amendments of the constitution that guarantees rights to all U.S. citizens. Exceptions to the First Amendment - ANSWER Obscenities, fighting words, commercial speech, defamation: slander (spoken) or libel (written), incendiary speech, and time, place, and manner restrictions on speech. Nexus - ANSWER Connection Amendments typically applied to LEO's - ANSWER 1st, 4th, 5th, 6th, and 8th 4th Amendment - ANSWER Citizens are protected against unreasonable searches and seizures against their person, property, and papers. 5th Amendment - ANSWER Protection against self-incrimination and double jeopardy. Can not hold a person without presentment or indictment of a grand jury. 6th Amendment - ANSWER Right to a speedy and public trial. Right to face accuser. Right to have counsel. 8th Amendment - ANSWER Right not to have excessive bail, unjust fines, or unjust punishment