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MCOLES Review Exam With Correct Answers.
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MCOLES Review Exam With CorrectAnswers
4th bAmendment b- banswer-Freedom bfrom bunreasonable bsearches band bseizures
5th bAmendment b- banswer-The bRight bto bRemain bSilent/Double bJeopardy, bright bto bdue
bprocess
6th bAmendment b- banswer-Right bto ba bspeedy btrial
14th bAmendment b- banswer-Expands band breinforces bdue bprocess
Procedural bDue bProcess b- banswer-This bis bthe bprocedure bthat bthe bgovernment bhas bto
bfollow bwhile bit bis bseeking bto bdeprive bpeople bof btheir blife, bliberty, bor bproperty b(examples:
bright bto bcounsel, bright bto ba bjury btrial, brights bagainst bself-incrimination)
Substantive bDue bProcess b- banswer-This bis bthe bactual bpower bof bthe bgovernment bto
bdeprive bpeople bof btheir blife, bliberty, bor bproperty. bIn bgeneral, bthe bmore bof ba bperson's blife,
bliberty, bor bproperty bwill bbe baffected, bthe bmore bcompelling bthe bgovernment's breason bfor
bthe blaw bmust bbe.
District bCourt b- banswer--Hears bsmall bclaims bup bto b$5,000
-Hears blaw bsuits bup bto b$25,000 bor bless
-Hears bcriminal btrials bfor b1-year bmisdemeanors bor b
bless
-Holds ball barraignments
Circuit bCourt b- banswer--Hears bcivil bsuits bof bmore bthat b$25,000 b
-Hears bfelonies band bhigh bcourt bmisdemeanors
-Distributes bPPO's
Actus bReus b- banswer-guilty bact
Mens bRea b- banswer-guilty bmind/criminal bintent
Specific bIntent b- banswer-Not bonly bdoes bthe bprosecutor bhave bto bprove bthat bthe
bdefendant bdid bcertain bacts, bbut balso bthat bhe bdid bthe bacts bwith bthe bintent bto bcause ba
bparticular bresult
, General bIntent b- banswer-The bdefendant bintended bto bdo bthe bact, bbut bdid bnot bintend bto
bcause ba bparticular bresult
Corpus bDelicti b- banswer-Body bof bthe bcrime b(the belements)
Attempt b- banswer-1. bDefendant bintended bto bcommit band boffense
2. bDefendant btook bsome baction btoward b
bcommitting bthe balleged bcrime bbut bfailed bto b
bcomplete bthe bcrime. bPlanning/prep bis bnot b
bconsidered band battempt. bThe baction bmust bgo b
bto bthe bpoint bwhere bthe bcrime bwould bhave b
bbeen bcompleted bif bit bhad bnot bbeen b
binterrupted bby boutside bcircumstances.
Conspiracy b- banswer-1. bThe bdefendant band bone bof bmore bpersons bknowingly bagreed bto
bcommit ba bcrime
2. bThe bdefendant bspecifically bintended bto bcommit bor bhelp bcommit bthat bcrime
Assault b- banswer-- b93-day bmisdemeanor
1. bThe bdefendant beither battempted bto bcommit ba bbattery bor bdid band bact bthat bwould
bcause ba breasonable bperson bto bfear band bimmediate bbattery.
2. bThe bdefendant bindented beither bto bcommit ba bbattery bor bto bmake bthe bvictim breasonably
bfear ban bimmediate bbattery.
3. bThe bdefendant, bat bthe btime, bhad bthe bability bto bcommit ba bbattery, bappeared bto bhave
bthe bability, bor bthought bhe bhad bthe bability.
Assault band bBattery b- banswer-- b93-day bmisdemeanor
1. bThe bdefendant bcommitted ba bbattery bon bthe bvictim. bThe bbattery bmust bhave bbeen
bintentional band bmust bhave bbeen bagainst bthe bvictim's bwill. bIt bdoesn't bmatter bif bthis
bcaused binjury bor bnot.
2. bThe bdefendant bintended bto bcommit ba bbattery bupon bthe bvictim, bor bat bleast bmake bthe
bvictim bfear band bimmediate bbattery.
Assault bof ba bPolice bOfficer b- banswer-1. bThe bdefendant bassaulted, bbattered, bwounded,
bresisted, bobstructed, bor bendangered ba bpolice bofficer.
2. bThe bdefendant bknew bor bhad breason bto bbelieve bthat bthe bperson bwas ba bpolice bofficer
bperforming bhis bduties bat bthe btime.
Felonious bAssault b- banswer-1. bDefendant bcommitted/attempted bto bcommit ba bbatter bor
bcommitted ban bact bthat bwould bmake ba breasonable bperson bfearful bof ban bimmediate
bbattery.
2. bThe bdefendant bintended bto binjure bor bmake bthe bvictim breasonably bfear ban bimmediate
bbattery.
3. bThe bdefendant bhad bthe bability, bappeared bto bhave bthe bability, bor bthough bhe bhad bthe
bability bto bcommit ba bbattery.
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