MCOLES REVIEW STUDY GUIDE
4th Amendment - Answers :Freedom from unreasonable searches and seizures
5th Amendment - Answers :The Right to Remain Silent/Double Jeopardy, right to due
process
6th Amendment - Answers :Right to a speedy trial
14th Amendment - Answers :Expands and reinforces due process
Procedural Due Process - Answers :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 - Answers :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 - Answers :-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 - Answers :-Hears civil suits of more that $25,000
-Hears felonies and high court misdemeanors
-Distributes PPO's
Actus Reus - Answers :guilty act
Mens Rea - Answers :guilty mind/criminal intent
Specific Intent - Answers :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 - Answers :The defendant intended to do the act, but did not intend to
cause a particular result
Corpus Delicti - Answers :Body of the crime (the elements)
Attempt - Answers :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 - Answers :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 - Answers :- 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 - Answers :- 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 - Answers :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 - Answers :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 - Answers :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.
4th Amendment - Answers :Freedom from unreasonable searches and seizures
5th Amendment - Answers :The Right to Remain Silent/Double Jeopardy, right to due
process
6th Amendment - Answers :Right to a speedy trial
14th Amendment - Answers :Expands and reinforces due process
Procedural Due Process - Answers :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 - Answers :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 - Answers :-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 - Answers :-Hears civil suits of more that $25,000
-Hears felonies and high court misdemeanors
-Distributes PPO's
Actus Reus - Answers :guilty act
Mens Rea - Answers :guilty mind/criminal intent
Specific Intent - Answers :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 - Answers :The defendant intended to do the act, but did not intend to
cause a particular result
Corpus Delicti - Answers :Body of the crime (the elements)
Attempt - Answers :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 - Answers :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 - Answers :- 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 - Answers :- 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 - Answers :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 - Answers :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 - Answers :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.
