SPEA-V184 Final Exam – Well Enlightened || New
& Revised
Criminal Law - Correct Answer Focuses on the laws that govern the citizens and are
enforced by the state.
Civil Law - Correct Answer Focuses on interactions between citizens (and
corporations)
Criminal Law characteristics - Correct Answer 1) The state brings the case, not the
victim. 2) The defendant is the accused person. 3) The burden of proof has to be
beyond a reasonable doubt.
Civil Law characteristics - Correct Answer 1) The plaintiff brings the case 2) The
defendant is the party responding to the filing. 3) The burden of proof is by a
preponderance of the evidence.
Right to trial by jury: Felonies - Correct Answer Have a jury of 12
Right to trial by jury: Misdemeanor - Correct Answer Defendant can request a trial by
jury within a certain time period. (jury of 6)
Right to a trial by jury: Civil cases - Correct Answer Found in the 7th amendment (jury
of less than 12)
3 categories of crimes - Correct Answer 1) Felony 2) Misdemeanor 3) Infractions
Felony characteristics - Correct Answer -punishable by death or incarceration in a
prison for at least one year
-may result in the loss of civil liberties
Misdemeanor characteristics - Correct Answer -punishable by incarceration in a facility
for less than a year
-typically involves alternatives to incarceration
-officers cannot arrest unless the crime was committed in their presence
Infractions - Correct Answer Generally violations of city ordinances or traffic laws
Exclusionary rule - Correct Answer Illegally obtained evidence cannot be used in trial
(any violation made by authorities of 4th or 5th amendment laws)
Exceptions to the exclusionary rule - Correct Answer -good faith rule
-search incident to arrest
-plain view rule
-exigent circumstances
, Search incident to arrest - Correct Answer Officers may search a person and the area
under their immediate control pursuant to an arrest.
Good faith rule - Correct Answer Officers who conduct a search or seize evidence on
the mistaken belief that they are adhering to the 4 Amendment may still use seized
evidence in court. (U.S. v. Leon)
Plain view rule - Correct Answer Evidence that is readily visible by officers executing a
warrant or officers who are conducting a legal investigation may be seized if officers
have cause to believe the evidence is associated with a crime.
Exigent circumstances - Correct Answer Evidence seized after an emergency entry
may be used if the officers had an objectively reasonable basis for believing there is an
immediate or overriding need to enter. (Warden
v. Hayden)
Terry case holding - Correct Answer with reasonable suspicion you can be stopped
and open hand frisked.
Miranda case holding - Correct Answer If you are in custody and being interrogated
you must have your constitutional rights read to you.
Interrogation - Correct Answer a behavior by an officer that he/she should know is
reasonably likely to elicit an incriminating response from the suspect.
Probable cause - Correct Answer Set facts that lead an officer to believe a particular
person is committing a specific crime.
Reasonable suspicion - Correct Answer The level of suspicion that would justify an
officer in making a further inquiry.
Admissible evidence - Correct Answer anything protected by the exclusionary rule
When can an arrest take place - Correct Answer -when there is probable cause to
believe a felony has been committed
-when there is an arrest warrant
-when there is an offense is progress
-while performing a search, even if those people are not suspected of criminal activity
you can be detained
Child support - Correct Answer paid for the benefit of the child
Which parent cannot waive support on a child's behalf? - Correct Answer Custodial
parent
& Revised
Criminal Law - Correct Answer Focuses on the laws that govern the citizens and are
enforced by the state.
Civil Law - Correct Answer Focuses on interactions between citizens (and
corporations)
Criminal Law characteristics - Correct Answer 1) The state brings the case, not the
victim. 2) The defendant is the accused person. 3) The burden of proof has to be
beyond a reasonable doubt.
Civil Law characteristics - Correct Answer 1) The plaintiff brings the case 2) The
defendant is the party responding to the filing. 3) The burden of proof is by a
preponderance of the evidence.
Right to trial by jury: Felonies - Correct Answer Have a jury of 12
Right to trial by jury: Misdemeanor - Correct Answer Defendant can request a trial by
jury within a certain time period. (jury of 6)
Right to a trial by jury: Civil cases - Correct Answer Found in the 7th amendment (jury
of less than 12)
3 categories of crimes - Correct Answer 1) Felony 2) Misdemeanor 3) Infractions
Felony characteristics - Correct Answer -punishable by death or incarceration in a
prison for at least one year
-may result in the loss of civil liberties
Misdemeanor characteristics - Correct Answer -punishable by incarceration in a facility
for less than a year
-typically involves alternatives to incarceration
-officers cannot arrest unless the crime was committed in their presence
Infractions - Correct Answer Generally violations of city ordinances or traffic laws
Exclusionary rule - Correct Answer Illegally obtained evidence cannot be used in trial
(any violation made by authorities of 4th or 5th amendment laws)
Exceptions to the exclusionary rule - Correct Answer -good faith rule
-search incident to arrest
-plain view rule
-exigent circumstances
, Search incident to arrest - Correct Answer Officers may search a person and the area
under their immediate control pursuant to an arrest.
Good faith rule - Correct Answer Officers who conduct a search or seize evidence on
the mistaken belief that they are adhering to the 4 Amendment may still use seized
evidence in court. (U.S. v. Leon)
Plain view rule - Correct Answer Evidence that is readily visible by officers executing a
warrant or officers who are conducting a legal investigation may be seized if officers
have cause to believe the evidence is associated with a crime.
Exigent circumstances - Correct Answer Evidence seized after an emergency entry
may be used if the officers had an objectively reasonable basis for believing there is an
immediate or overriding need to enter. (Warden
v. Hayden)
Terry case holding - Correct Answer with reasonable suspicion you can be stopped
and open hand frisked.
Miranda case holding - Correct Answer If you are in custody and being interrogated
you must have your constitutional rights read to you.
Interrogation - Correct Answer a behavior by an officer that he/she should know is
reasonably likely to elicit an incriminating response from the suspect.
Probable cause - Correct Answer Set facts that lead an officer to believe a particular
person is committing a specific crime.
Reasonable suspicion - Correct Answer The level of suspicion that would justify an
officer in making a further inquiry.
Admissible evidence - Correct Answer anything protected by the exclusionary rule
When can an arrest take place - Correct Answer -when there is probable cause to
believe a felony has been committed
-when there is an arrest warrant
-when there is an offense is progress
-while performing a search, even if those people are not suspected of criminal activity
you can be detained
Child support - Correct Answer paid for the benefit of the child
Which parent cannot waive support on a child's behalf? - Correct Answer Custodial
parent
