CLEET Final Exam Questions and Answers
1. Note
Answer Just like with the previous set of notes, I haven't fact checked these notes, don't know who
created them, or how old they are. If you see errors, let me know and I'll try to correct them as soon as
possible!
Others have noticed a few cases of discrepancies between these notes and the other Final Exam flash
card deck. Keep in mind that I didn't create these. Trust YOUR notes when the answer given here looks
wonky.
2. Searches and seizures conducted outside the judicial
process, without prior approval by a neutral and detached judge or
magistrate, are "per se" unrea- sonable .
Answer under the Fourth Amendment - subject only to a few specifically established and well-delineated
exceptions
3. Hearsay is
Answer Second hand information
4. Which class of person may not be permitted to testify as "lay" (non-
expert) witnesses?
Answer Persons who have no knowledge of the case
,5. If a person has been convicted and placed on a suspended sentence,
and that person then commits another crime while still on probation,
then
Answer the District Attorney may file a Motion to Revoke
6. What are the three primary factors that influence criminal
jurisdiction in Indian country?
Answer - Impact of sovereign status
-Plenary Power of Congress
-U.S. Supreme Court interpretations of Indian law
7. What is Indian country as defined by 18 US Code Section 1151?
Answer - Within the limits of any Indian reservation under the jurisdiction of the US
Government
-Dependent Indian communities
-All land allotments, the Indian title to which has not been extinguished, including rights of way
8. What are the three major federal statutes in Title 18 of the Federal
Code that govern federal criminal jurisdiction in Indian Country
,Answer - Indian Country Crimes Act
-Major Crimes Act
-Assimilative Crimes Act
9. The allows federal criminal courts to borrow state
criminal code to fill gaps where there is no federal law and apply it
to areas under exclusive federal control.
Answer Assimilative Crimes Act
10. A non-Indian commits a burglary on the Muskogee (Creek)
Nation property. How will the elements of the crime be defined, and
which guidelines will be used for sanctions if found guilty?
Answer Only Oklahoma Statutes
11. What are at least two ways to establish who is considered to
be an Indian, for the purposes of criminal jurisdiction in Indian Country?
Answer Must have Tribal or Federal recognition of the person as Indian, and
Must be considered a member of a Federally recognized Tribe
12. You make a traffic stop.
The driver, who is a non-resident of Oklahoma and lives in another
, country, is lawfully visiting the United States. He is exempt from
Oklahoma's driver's license requirement if
Answer He has a valid driver's license from his home country in his immediate possession
13. An affidavit for a search warrant must describe the place to be
searched
Answer so precisely that location of the place to be searched may be determined solely by reference
to the description contained in the Warrant
14. You are unable to appear before the magistrate to
personally give testimony and present your affidavit to the court in
order to receive a search warrant. The statutes allow
Answer the magistrate to authorize you to sign the magistrate's name to a copy of the search
warrant.
15. A search
warrant may only be served after 10:00pm when the
Answer warrant states it may be served at any time of day or night
16. In 1914 the federal case of Week vs. U.S.
established the "exclusionary rule" in Federal Courts. The ruling
means that if a peace officer obtains evidence unlawfully, the
evidence
Answer may not be used in court
1. Note
Answer Just like with the previous set of notes, I haven't fact checked these notes, don't know who
created them, or how old they are. If you see errors, let me know and I'll try to correct them as soon as
possible!
Others have noticed a few cases of discrepancies between these notes and the other Final Exam flash
card deck. Keep in mind that I didn't create these. Trust YOUR notes when the answer given here looks
wonky.
2. Searches and seizures conducted outside the judicial
process, without prior approval by a neutral and detached judge or
magistrate, are "per se" unrea- sonable .
Answer under the Fourth Amendment - subject only to a few specifically established and well-delineated
exceptions
3. Hearsay is
Answer Second hand information
4. Which class of person may not be permitted to testify as "lay" (non-
expert) witnesses?
Answer Persons who have no knowledge of the case
,5. If a person has been convicted and placed on a suspended sentence,
and that person then commits another crime while still on probation,
then
Answer the District Attorney may file a Motion to Revoke
6. What are the three primary factors that influence criminal
jurisdiction in Indian country?
Answer - Impact of sovereign status
-Plenary Power of Congress
-U.S. Supreme Court interpretations of Indian law
7. What is Indian country as defined by 18 US Code Section 1151?
Answer - Within the limits of any Indian reservation under the jurisdiction of the US
Government
-Dependent Indian communities
-All land allotments, the Indian title to which has not been extinguished, including rights of way
8. What are the three major federal statutes in Title 18 of the Federal
Code that govern federal criminal jurisdiction in Indian Country
,Answer - Indian Country Crimes Act
-Major Crimes Act
-Assimilative Crimes Act
9. The allows federal criminal courts to borrow state
criminal code to fill gaps where there is no federal law and apply it
to areas under exclusive federal control.
Answer Assimilative Crimes Act
10. A non-Indian commits a burglary on the Muskogee (Creek)
Nation property. How will the elements of the crime be defined, and
which guidelines will be used for sanctions if found guilty?
Answer Only Oklahoma Statutes
11. What are at least two ways to establish who is considered to
be an Indian, for the purposes of criminal jurisdiction in Indian Country?
Answer Must have Tribal or Federal recognition of the person as Indian, and
Must be considered a member of a Federally recognized Tribe
12. You make a traffic stop.
The driver, who is a non-resident of Oklahoma and lives in another
, country, is lawfully visiting the United States. He is exempt from
Oklahoma's driver's license requirement if
Answer He has a valid driver's license from his home country in his immediate possession
13. An affidavit for a search warrant must describe the place to be
searched
Answer so precisely that location of the place to be searched may be determined solely by reference
to the description contained in the Warrant
14. You are unable to appear before the magistrate to
personally give testimony and present your affidavit to the court in
order to receive a search warrant. The statutes allow
Answer the magistrate to authorize you to sign the magistrate's name to a copy of the search
warrant.
15. A search
warrant may only be served after 10:00pm when the
Answer warrant states it may be served at any time of day or night
16. In 1914 the federal case of Week vs. U.S.
established the "exclusionary rule" in Federal Courts. The ruling
means that if a peace officer obtains evidence unlawfully, the
evidence
Answer may not be used in court
