Exam (elaborations)
CLEET prog 1 study guide Questions and Answers
- Course
- Institution
CLEET prog 1 study guide Questions and Answers
[Show more]
Content preview
CLEET prog 1 study guide Questions and AnswersIdentify the difference between statutory law and case law Correct Ans-Statutory law: the
legal form of the law passed down from the legislature.
Case law: those cases were the Oklahoma Supreme Court and the court of criminal appeals
have interpreted statutory law in very specific cases.
Identify the difference of a private wrong and a crime Correct Ans-Civil: wrong against an
individual, an action for recovery of damages caused by the tort is brought by an individual.
Crime: an offense against the public, an action is brought by the government, subjective
intent is generally required.
Recognize the different courts Correct Ans-Municipal court not of record: non lawyer
judge, fine up to $50, can only jail for failure to pay fines and costs, with juveniles they only
deal with traffic offenses, may not provide jury trial.
Municipal court not of record: judge is a lawyer, fine up to $500, 30 days in jail, may provide
jury trial, limited power over juveniles but cannot jail them.
, CLEET prog 1 study guide Questions and Answers
Municipal court of record: population of 65,000, judge is a lawyer, fine up to $1,200, jail to 90
days, power over juveniles but cannot jail, may provide jury trials
District court: a court of general jurisdiction, has unlimited jurisdiction over all justifiable
matters, may issue writs, judgments, and decrees; judge is lawyer, has 3 judges, district,
associate district, and special.
Court of criminal appeals: judges are lawyers, has jurisdiction in all criminal matters, is the
highest court in OK for criminal cases.
definition of a crime Correct Ans-An act or omission, forbidden by law, to which a
government applies monetary and or penal sanctions. It is a public offense.
Burden of proof for civil and criminal cases Correct Ans-Civil: preponderance of the
evidence. Grater than 50%
Criminal: beyond a reasonable doubt.
Elements needed for intentional tort Correct Ans-Assault, battery, false imprisonment,
trespass/conversion, malicious prosecution.
, CLEET prog 1 study guide Questions and Answers
Elements needed for constitutional tort Correct Ans-Violation of constitutional rights,
under color of law, causation, damages
4th amendment Correct Ans-Unlawful arrests or unlawful searches and seizures
5th amendment Correct Ans-Right to remain silent; self incrimination
6th amendment Correct Ans-Right to counsel
8th amendment Correct Ans-Cruel and unusual punishment
14th amendment Correct Ans-Due process
2 kinds of due process Correct Ans-Procedural and substantive
2 types of law; civil and criminal Correct Ans-Civil: divorce, small claims, child support
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ExamRoom. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
80202 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now