MPOETC EXAM #6 Questions Answered 100% correct

MPOETC EXAM #6 Questions Answered 100% correct When To give Miranda Warnings: CUSTODY+INTERROGATION(questioning)=MIRANDA After a 14 DAY LAPSE you must re-mirandize them again. DO NOT RECITE MIRANDA WARNINGS FROM MEMORY, always read off of the card. negligent tort occurs when the defendant fails to act in a responsible way and thereby subjects other people to an unreasonable risk of harm (carelessness) intentional tort A tort committed by one who intends to do the act that creates the harm. (Knowingly) When officers get sued they are covered by what type of immunity? QUALIFIED IMMUNITY When you produce false Identification to get into a nightclub or purchase alcohol... Grading+Charges 6310.3 Carrying a false Identification Card: A person commits a SUMMARY OFFENSE for a first violation and a MISDEMEANOR OF THE THIRD DEGREE M3 for any subsequent violation if he, being under 21 years of age, possesses an Identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years of age or older or obtains or attempts to obtain liquor or malt or brewed beverages by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of that person who possesses the card Landlord Tenant Act (Landlord Responsibility for Property) Tenant must notify the landlord of intent to retrieve the property within 10 DAYS of the eviction. Landlord is required to hold property for 30 DAYS if no notice of intent to retrieve is communicated. Value of the Courts: Magistrate=Up to $12,000 Court of Common Pleas=$12,000 and up subpoena a written court order requiring appearance and/or testimony Contents of Subpoena Have person's name, address, and purpose for appearing at court on the subpoena. Also include the date, time, and place of appearance Statute of Limitation In PA The statute is 2 years, under federal law the statute will begin to run when the plaintiff knew or should have known To sustain an action the Plaintiff must prove: -The individual/entity acted under color of state law -the actions of the individual/entity deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or in the US constitution Elements of the Litigation Civil action will contain: -A notice to defend statement -the names and addresses of the parties -a statement of facts involved Appeals both the plaintiff and defendant have 30 days to appeal the magisterial district judge's decision to the court of common pleas 6308 Purchase, consumption, possessing or transportation of liquor or malt or brewed beverages A person commits a SUMMARY OFFENSE is he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages 6307 Misrepresentation of age to secure liquor or malt or brewed beverages SUMMARY OFFENSE