Answers 100% SOLVED
municipal court not of record non-lawyer - ANSWER-non-lawyer, fines up to $50, no Jail
sentences, juvenile jurisdiction over only traffic violations.
court not of record no lawyer - ANSWER-a court in which proceedings are not required
to be recorded, the judge is a lawyer, can fine up to $200, may give 30 days in jail, may
not jail juveniles.
court of record - ANSWER-keeps an exact account of what goes on at trial, lawyer
judge, must have over 65,000 population, can fine up to $1200, up to 90 days in jail, jury
trials, limited jurisdiction over juveniles with no jail.
district court of oklahoma - ANSWER-has general jurisdiction over all justifiable matters,
may issue writs judgements and decrees , judge is a lawyer, has jury trials,
3 types of judges - ANSWER--District Court Judges- elected by district
- associate district judge- elected by county
-special district judge - appointed by District judge
Court of Criminal Appeals Jurisdiction - ANSWER-Highest appeal court for criminal
offenses in the state Judge must be an attorney, has appellate jurisdiction in all criminal
matters
Statutory Law - ANSWER-Law passed by the state legislature
Case Law - ANSWER-where oklahoma court of criminal appeals has interpretations of
statutory law in specific cases
a private wrong - ANSWER-tort law,
the breech of duty imposed by law.
crime - ANSWER-A violation, act, or omission forbade by law for which a governmental
authority applies penalties monetary or penal
2 types of torts - ANSWER-intentional and constitutional
4th Amendment - ANSWER-Protection against Unreasonable Search and Seizure
5th Amendment - ANSWER-The Right to Remain Silent, no Double Jeopardy and right
to due process
, 6th Amendment - ANSWER-The right to a Speedy Trial by jury and representation by
an attorney for an accused person
8th Amendment - ANSWER-No cruel or unusual punishment, no excessive bail or fines
14th Amendment - ANSWER-Declares that all persons born in the U.S. are citizens and
are guaranteed equal protection of the laws
Two types of note taking - ANSWER-permanent note book and temporary note system
field notes - ANSWER-detailed notes taken by an officer describing things. helps relive
the officers memory by writing details to bring back the memory of the event.
p-r-e-l-i-m-i-n-a-r-y - ANSWER--proceed to the scene
-render aid to the victim
-Effect arrest of the suspect
-locate witnesses
-interview witnesses
-maintain the scene in original condition
- interview the suspect
-note the findings
-report writing
-yield to the investigators
a tort is - ANSWER-- a wrongful act towards an individual
-an act to recover damages caused by the tort
- leading to civil legal liability bassed on what would a reasonable man have done
a crime is - ANSWER--an offence against the public
-any act brought by the government and made punishable by the government.
- subjective intent is required
burden of proof for civil case - ANSWER--preponderance of the evidence
- greater then 50% weight of the evidence supports the charge
Burden of proof in a criminal case - ANSWER-the defendant to be guilty beyond a
reasonable doubt
weapons where alcohol is sold - ANSWER--carrying a weapon where alcohol is sold is
a felony.
-exceptions are peace officers, owner, licensed armed investigator, or valid SAD
handgun permit. the exceptions may not drink alcohol while armed except for in the line
of duty undercover
Miranda v. Arizona - ANSWER--The accused must be notified of their 4th 5th and 6th
amendment rights before being questioned by the police.
-avoid self-incrimination and council or attorney during questioning