Missouri POST Test
In civil court, under the preponderance
standard, the burden of proof is met
when the party with the burden con-
50%
vinces the fact finder that there is a
greater than _________ chance that the
claim is true.
One is based on court ruling (Supreme
What is the difference between constitu-
Court) and the other is based on laws
tional law and statutory law?
passed by the state legislature.
Which branch of government makes the
Legislative Branch
laws?
The 3 branches of the Fed
and Missouri Governments are: Legislative, Executive, and Judicial
_________________________.
Which branch of government enforces
Executive Branch
the laws?
Which branch of government interprets
Judicial Branch
and applies laws?
What branch are law enforcement apart
Executive Branch
of?
Order of appeal in Missouri starts from: Municipal court, MO Associate Circuit
_______________________________. Court, all the way to U.S. Supreme court.
If an officer violate a citizen civil rights
Exclusionary rules (which is guaranteed
throughout the encounters, penalty is the
by the Bills of Rights)
_____________________.
To convict a citizen for crimi-
nal matter, the court must prove Beyond a Reasonable Doubt
_______________________.
Facts or circumstances which based on
Define Reasonable Suspicion: your experience lead you to believe crim-
inal activity might be occurring.
A set of facts or circumstances which
lead a reasonable and prudent person to
Define Probable Cause:
believe a crime has been commit and a
particular person committed it.
, Missouri POST Test
Judge, prosecutor, defense attorney, and
Who are the four player in the trial?
jury.
Information received from other people
Define Hearsay: that one cannot adequately substantiate;
will not be credible in court.
If the suspect is placed under ar-
rest and not read Miranda rights,
Spontaneous or voluntary
__________________ statements may
be used in evidence in court.
What are the 4 eyewitness identification Line-ups, photo spreads, one-on-one
method? confrontation, and courtroom.
The courts held that evidence obtained
Weeks vs. US illegally by federal officers can not be
used in the federal courts.
Evidence obtained illegally cannot be
Mapp vs. Ohio (exclusionary rule)
used against someone in a court of law
A rule that provides that otherwise ad-
missible evidence cannot be used in a
Exclusionary Rule
criminal trial if it was the result of illegal
police conduct.
Fruit of the Poisoned Tree Doctrine that
Silverthorne Lumber Co. v. U.S. (1920) bans from trial any illegally obtained evi-
dence.
A legal principle that excludes from intro-
duction at trial any evidence later devel-
Fruit of the Poisonous Tree Doctrine
oped as a result of an illegal search or
seizure.
An exception to the Supreme Court ex-
clusionary rule, holding that evidence
seized on the basis of a mistakenly is-
sued search warrant can be introduced
Good faith exception
at trial if the mistake was made in good
faith, that is, if all the parties involved
had reason at the time to believe that the
warrant was proper.
, Missouri POST Test
A good faith cannot be used if: All the above
Per fruit of the poisonous tree doctrine, if
a piece of evidence is found to be inad-
Inadmissble
missible, anything derived from it is also
______________________.
The supreme court case in which the
court held that criminal suspects must be
Miranda vs. Arizona 1966 informed of their right to consult with an
attorney and of their right against self-in-
crimination prior to questioning by police.
In order for the confession to be volun-
All the above
tary, there must be no:
True or False: An officer can lied during
True
interrogation.
Undercover police officer and civilian
To whom does the miranda does not ap-
where police involvement not know to
ply to?
suspect.
Supreme Court decision endorsing po-
lice officers' authority to stop and frisk
Terry v. Ohio (1968) suspects on the streets when there
is reasonable suspicion that they are
armed and involved in criminal activity
True or False: During the encounter with
the suspect, if an officer uses force, the True
suspect is deemed in custody.
True or False: When a citizen is in a po-
lice vehicle or police station, they are in False
police-dominated locations.
When asking guilt seeking question,
Read the person their miranda rights.
what must be done before?
Which of the following interrogation does
All the above
not required miranda readings?
When reading juvenile their miranda
The parent of the juvenile, lawyer, or their
rights, who must be present on the
presentative.
scene?
In civil court, under the preponderance
standard, the burden of proof is met
when the party with the burden con-
50%
vinces the fact finder that there is a
greater than _________ chance that the
claim is true.
One is based on court ruling (Supreme
What is the difference between constitu-
Court) and the other is based on laws
tional law and statutory law?
passed by the state legislature.
Which branch of government makes the
Legislative Branch
laws?
The 3 branches of the Fed
and Missouri Governments are: Legislative, Executive, and Judicial
_________________________.
Which branch of government enforces
Executive Branch
the laws?
Which branch of government interprets
Judicial Branch
and applies laws?
What branch are law enforcement apart
Executive Branch
of?
Order of appeal in Missouri starts from: Municipal court, MO Associate Circuit
_______________________________. Court, all the way to U.S. Supreme court.
If an officer violate a citizen civil rights
Exclusionary rules (which is guaranteed
throughout the encounters, penalty is the
by the Bills of Rights)
_____________________.
To convict a citizen for crimi-
nal matter, the court must prove Beyond a Reasonable Doubt
_______________________.
Facts or circumstances which based on
Define Reasonable Suspicion: your experience lead you to believe crim-
inal activity might be occurring.
A set of facts or circumstances which
lead a reasonable and prudent person to
Define Probable Cause:
believe a crime has been commit and a
particular person committed it.
, Missouri POST Test
Judge, prosecutor, defense attorney, and
Who are the four player in the trial?
jury.
Information received from other people
Define Hearsay: that one cannot adequately substantiate;
will not be credible in court.
If the suspect is placed under ar-
rest and not read Miranda rights,
Spontaneous or voluntary
__________________ statements may
be used in evidence in court.
What are the 4 eyewitness identification Line-ups, photo spreads, one-on-one
method? confrontation, and courtroom.
The courts held that evidence obtained
Weeks vs. US illegally by federal officers can not be
used in the federal courts.
Evidence obtained illegally cannot be
Mapp vs. Ohio (exclusionary rule)
used against someone in a court of law
A rule that provides that otherwise ad-
missible evidence cannot be used in a
Exclusionary Rule
criminal trial if it was the result of illegal
police conduct.
Fruit of the Poisoned Tree Doctrine that
Silverthorne Lumber Co. v. U.S. (1920) bans from trial any illegally obtained evi-
dence.
A legal principle that excludes from intro-
duction at trial any evidence later devel-
Fruit of the Poisonous Tree Doctrine
oped as a result of an illegal search or
seizure.
An exception to the Supreme Court ex-
clusionary rule, holding that evidence
seized on the basis of a mistakenly is-
sued search warrant can be introduced
Good faith exception
at trial if the mistake was made in good
faith, that is, if all the parties involved
had reason at the time to believe that the
warrant was proper.
, Missouri POST Test
A good faith cannot be used if: All the above
Per fruit of the poisonous tree doctrine, if
a piece of evidence is found to be inad-
Inadmissble
missible, anything derived from it is also
______________________.
The supreme court case in which the
court held that criminal suspects must be
Miranda vs. Arizona 1966 informed of their right to consult with an
attorney and of their right against self-in-
crimination prior to questioning by police.
In order for the confession to be volun-
All the above
tary, there must be no:
True or False: An officer can lied during
True
interrogation.
Undercover police officer and civilian
To whom does the miranda does not ap-
where police involvement not know to
ply to?
suspect.
Supreme Court decision endorsing po-
lice officers' authority to stop and frisk
Terry v. Ohio (1968) suspects on the streets when there
is reasonable suspicion that they are
armed and involved in criminal activity
True or False: During the encounter with
the suspect, if an officer uses force, the True
suspect is deemed in custody.
True or False: When a citizen is in a po-
lice vehicle or police station, they are in False
police-dominated locations.
When asking guilt seeking question,
Read the person their miranda rights.
what must be done before?
Which of the following interrogation does
All the above
not required miranda readings?
When reading juvenile their miranda
The parent of the juvenile, lawyer, or their
rights, who must be present on the
presentative.
scene?
